Sub. S. B. No. 260 As Reported by the House Criminal Justice Committee

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, Fedor, Miller, R., Roberts

Representatives Latta, Evans, D., Hughes, Gilb, Yuko

A BILL

To amend sections 109.42, 2743.191, 2903.212, 1
2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2
2921.34, 2923.02, 2929.01, 2929.13, 2929.14, 3
2929.19, 2930.16, 2941.148, 2950.01, 2950.09, 4
2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 5
2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 6
3109.04, 3113.31, 5120.49, 5120.61, 5120.66, and 7
5149.10 and to enact sections 2941.1418, 8
2941.1419, and 2941.1420 of the Revised Code to 9
change the penalties and conditions when a person 10
is convicted of rape or attempted rape and the 11
victim is less than 13; to increase the penalty 12
for importuning and establish a presumption for a 13
prison term if the victim is under 13; to require 14
the Department of Rehabilitation and Correction to 15
notify sheriffs of the release of sex offenders 16
and child-victim oriented offenders and to require 17
BCII to include on its Internet sex offender 18
database, and sheriffs who operate on the Internet 19
a sex offender database, to include on the 20
database the information received about the 21
offender; to provide for the consideration of 22
specified convictions of members of the household 23
of a parent in making child custody 24
determinations; to modify provision regarding 25
protection orders for victims of sexually oriented 26
offenses; and to declare an emergency. 27

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

       Section 1. That sections 109.42, 2743.191, 2903.212, 28
2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2921.34, 2923.02, 29
2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 30
2950.09, 2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 2971.03, 31
2971.04, 2971.05, 2971.06, 2971.07, 3109.04, 3113.31, 5120.49, 32
5120.61, 5120.66, and 5149.10 be amended and sections 2941.1418, 33
2941.1419, and 2941.1420 of the Revised Code be enacted to read as 34
follows: 35

       Sec. 109.42. (A) The attorney general shall prepare and have 36
printed a pamphlet that contains a compilation of all statutes 37
relative to victim's rights in which the attorney general lists 38
and explains the statutes in the form of a victim's bill of 39
rights. The attorney general shall distribute the pamphlet to all 40
sheriffs, marshals, municipal corporation and township police 41
departments, constables, and other law enforcement agencies, to 42
all prosecuting attorneys, city directors of law, village 43
solicitors, and other similar chief legal officers of municipal 44
corporations, and to organizations that represent or provide 45
services for victims of crime. The victim's bill of rights set 46
forth in the pamphlet shall contain a description of all of the 47
rights of victims that are provided for in Chapter 2930. or in any 48
other section of the Revised Code and shall include, but not be 49
limited to, all of the following: 50

       (1) The right of a victim or a victim's representative to 51
attend a proceeding before a grand jury, in a juvenile case, or in 52
a criminal case pursuant to a subpoena without being discharged 53
from the victim's or representative's employment, having the 54
victim's or representative's employment terminated, having the 55
victim's or representative's pay decreased or withheld, or 56
otherwise being punished, penalized, or threatened as a result of 57
time lost from regular employment because of the victim's or 58
representative's attendance at the proceeding pursuant to the 59
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 60
2945.451 of the Revised Code; 61

       (2) The potential availability pursuant to section 2151.359 62
or 2152.61 of the Revised Code of a forfeited recognizance to pay 63
damages caused by a child when the delinquency of the child or 64
child's violation of probation or community control is found to be 65
proximately caused by the failure of the child's parent or 66
guardian to subject the child to reasonable parental authority or 67
to faithfully discharge the conditions of probation or community 68
control; 69

       (3) The availability of awards of reparations pursuant to 70
sections 2743.51 to 2743.72 of the Revised Code for injuries 71
caused by criminal offenses; 72

       (4) The right of the victim in certain criminal or juvenile 73
cases or a victim's representative to receive, pursuant to section 74
2930.06 of the Revised Code, notice of the date, time, and place 75
of the trial or delinquency proceeding in the case or, if there 76
will not be a trial or delinquency proceeding, information from 77
the prosecutor, as defined in section 2930.01 of the Revised Code, 78
regarding the disposition of the case; 79

       (5) The right of the victim in certain criminal or juvenile 80
cases or a victim's representative to receive, pursuant to section 81
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the 82
name of the person charged with the violation, the case or docket 83
number assigned to the charge, and a telephone number or numbers 84
that can be called to obtain information about the disposition of 85
the case; 86

       (6) The right of the victim in certain criminal or juvenile 87
cases or of the victim's representative pursuant to section 88
2930.13 or 2930.14 of the Revised Code, subject to any reasonable 89
terms set by the court as authorized under section 2930.14 of the 90
Revised Code, to make a statement about the victimization and, if 91
applicable, a statement relative to the sentencing or disposition 92
of the offender; 93

       (7) The opportunity to obtain a court order, pursuant to 94
section 2945.04 of the Revised Code, to prevent or stop the 95
commission of the offense of intimidation of a crime victim or 96
witness or an offense against the person or property of the 97
complainant, or of the complainant's ward or child; 98

       (8) The right of the victim in certain criminal or juvenile 99
cases or a victim's representative pursuant to sections 2151.38, 100
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to 101
receive notice of a pending motion for judicial release or early 102
release of the person who committed the offense against the 103
victim, to make an oral or written statement at the court hearing 104
on the motion, and to be notified of the court's decision on the 105
motion; 106

       (9) The right of the victim in certain criminal or juvenile 107
cases or a victim's representative pursuant to section 2930.16, 108
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice 109
of any pending commutation, pardon, parole, transitional control, 110
discharge, other form of authorized release, post-release control, 111
or supervised release for the person who committed the offense 112
against the victim or any application for release of that person 113
and to send a written statement relative to the victimization and 114
the pending action to the adult parole authority or the release 115
authority of the department of youth services; 116

       (10) The right of the victim to bring a civil action pursuant 117
to sections 2969.01 to 2969.06 of the Revised Code to obtain money 118
from the offender's profit fund; 119

       (11) The right, pursuant to section 3109.09 of the Revised 120
Code, to maintain a civil action to recover compensatory damages 121
not exceeding ten thousand dollars and costs from the parent of a 122
minor who willfully damages property through the commission of an 123
act that would be a theft offense, as defined in section 2913.01 124
of the Revised Code, if committed by an adult; 125

       (12) The right, pursuant to section 3109.10 of the Revised 126
Code, to maintain a civil action to recover compensatory damages 127
not exceeding ten thousand dollars and costs from the parent of a 128
minor who willfully and maliciously assaults a person; 129

       (13) The possibility of receiving restitution from an 130
offender or a delinquent child pursuant to section 2152.20, 131
2929.18, or 2929.28 of the Revised Code; 132

       (14) The right of the victim in certain criminal or juvenile 133
cases or a victim's representative, pursuant to section 2930.16 of 134
the Revised Code, to receive notice of the escape from confinement 135
or custody of the person who committed the offense, to receive 136
that notice from the custodial agency of the person at the 137
victim's last address or telephone number provided to the 138
custodial agency, and to receive notice that, if either the 139
victim's address or telephone number changes, it is in the 140
victim's interest to provide the new address or telephone number 141
to the custodial agency; 142

       (15) The right of a victim of domestic violence to seek the 143
issuance of a civil protection order pursuant to section 3113.31 144
of the Revised Code, the right of a victim of a violation of 145
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 146
of the Revised Code, a violation of a substantially similar 147
municipal ordinance, or an offense of violence who is a family or 148
household member of the offender at the time of the offense to 149
seek the issuance of a temporary protection order pursuant to 150
section 2919.26 of the Revised Code, and the right of both types 151
of victims to be accompanied by a victim advocate during court 152
proceedings; 153

       (16) The right of a victim of a sexually oriented offense 154
that is not a registration-exempt sexually oriented offense or of 155
a child-victim oriented offense that is committed by a person who 156
is convicted of or pleads guilty to an aggravated sexually 157
oriented offense, by a person who is adjudicated a sexual predator 158
or child-victim predator, or, in certain cases, by a person who is 159
determined to be a habitual sex offender or habitual child-victim 160
offender to receive, pursuant to section 2950.10 of the Revised 161
Code, notice that the person has registered with a sheriff under 162
section 2950.04, 2950.041, or 2950.05 of the Revised Code and 163
notice of the person's name, the person's residence that is 164
registered, and the offender's school, institution of higher 165
education, or place of employment address or addresses that are 166
registered, the person's photograph, and a summary of the manner 167
in which the victim must make a request to receive the notice. As 168
used in this division, "sexually oriented offense," "adjudicated a 169
sexual predator," "habitual sex offender," "registration-exempt 170
sexually oriented offense," "aggravated sexually oriented 171
offense," "child-victim oriented offense," "adjudicated a 172
child-victim predator," and "habitual child-victim offender" have 173
the same meanings as in section 2950.01 of the Revised Code. 174

       (17) The right of a victim of certain sexually violent 175
offenses committed by an offender who also is convicted of or 176
pleads guilty to a sexually violent predator specification and who 177
is sentenced to a prison term pursuant to division (A)(3) of 178
section 2971.03 of the Revised Code, of a victim of a violation of 179
division (A)(1)(b) of section 2907.02 of the Revised Code 180
committed on or after the effective date of this amendment by an 181
offender who is sentenced for the violation pursuant to division 182
(B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code, and 183
of a victim of an attempted rape committed on or after the 184
effective date of this amendment by an offender who also is 185
convicted of or pleads guilty to a specification of the type 186
described in section 2941.1418, 2941.1419, or 2941.1420 of the 187
Revised Code and is sentenced for the violation pursuant to 188
division (B)(2(a), (b), or (c) of section 2971.03, to receive, 189
pursuant to section 2930.16 of the Revised Code, notice of a 190
hearing to determine whether to modify the requirement that the 191
offender serve the entire prison term in a state correctional 192
facility, whether to continue, revise, or revoke any existing 193
modification of that requirement, or whether to terminate the 194
prison term. As used in this division, "sexually violent offense" 195
and "sexually violent predator specification" have the same 196
meanings as in section 2971.01 of the Revised Code. 197

       (B)(1)(a) Subject to division (B)(1)(c) of this section, a 198
prosecuting attorney, assistant prosecuting attorney, city 199
director of law, assistant city director of law, village 200
solicitor, assistant village solicitor, or similar chief legal 201
officer of a municipal corporation or an assistant of any of those 202
officers who prosecutes an offense committed in this state, upon 203
first contact with the victim of the offense, the victim's family, 204
or the victim's dependents, shall give the victim, the victim's 205
family, or the victim's dependents a copy of the pamphlet prepared 206
pursuant to division (A) of this section and explain, upon 207
request, the information in the pamphlet to the victim, the 208
victim's family, or the victim's dependents. 209

       (b) Subject to division (B)(1)(c) of this section, a law 210
enforcement agency that investigates an offense or delinquent act 211
committed in this state shall give the victim of the offense or 212
delinquent act, the victim's family, or the victim's dependents a 213
copy of the pamphlet prepared pursuant to division (A) of this 214
section at one of the following times: 215

       (i) Upon first contact with the victim, the victim's family, 216
or the victim's dependents; 217

       (ii) If the offense or delinquent act is an offense of 218
violence, if the circumstances of the offense or delinquent act 219
and the condition of the victim, the victim's family, or the 220
victim's dependents indicate that the victim, the victim's family, 221
or the victim's dependents will not be able to understand the 222
significance of the pamphlet upon first contact with the agency, 223
and if the agency anticipates that it will have an additional 224
contact with the victim, the victim's family, or the victim's 225
dependents, upon the agency's second contact with the victim, the 226
victim's family, or the victim's dependents. 227

       If the agency does not give the victim, the victim's family, 228
or the victim's dependents a copy of the pamphlet upon first 229
contact with them and does not have a second contact with the 230
victim, the victim's family, or the victim's dependents, the 231
agency shall mail a copy of the pamphlet to the victim, the 232
victim's family, or the victim's dependents at their last known 233
address. 234

       (c) In complying on and after December 9, 1994, with the 235
duties imposed by division (B)(1)(a) or (b) of this section, an 236
official or a law enforcement agency shall use copies of the 237
pamphlet that are in the official's or agency's possession on 238
December 9, 1994, until the official or agency has distributed all 239
of those copies. After the official or agency has distributed all 240
of those copies, the official or agency shall use only copies of 241
the pamphlet that contain at least the information described in 242
divisions (A)(1) to (17) of this section. 243

       (2) The failure of a law enforcement agency or of a 244
prosecuting attorney, assistant prosecuting attorney, city 245
director of law, assistant city director of law, village 246
solicitor, assistant village solicitor, or similar chief legal 247
officer of a municipal corporation or an assistant to any of those 248
officers to give, as required by division (B)(1) of this section, 249
the victim of an offense or delinquent act, the victim's family, 250
or the victim's dependents a copy of the pamphlet prepared 251
pursuant to division (A) of this section does not give the victim, 252
the victim's family, the victim's dependents, or a victim's 253
representative any rights under section 2743.51 to 2743.72, 254
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the 255
Revised Code or under any other provision of the Revised Code and 256
does not affect any right under those sections. 257

       (3) A law enforcement agency, a prosecuting attorney or 258
assistant prosecuting attorney, or a city director of law, 259
assistant city director of law, village solicitor, assistant 260
village solicitor, or similar chief legal officer of a municipal 261
corporation that distributes a copy of the pamphlet prepared 262
pursuant to division (A) of this section shall not be required to 263
distribute a copy of an information card or other printed material 264
provided by the clerk of the court of claims pursuant to section 265
2743.71 of the Revised Code. 266

       (C) The cost of printing and distributing the pamphlet 267
prepared pursuant to division (A) of this section shall be paid 268
out of the reparations fund, created pursuant to section 2743.191 269
of the Revised Code, in accordance with division (D) of that 270
section. 271

       (D) As used in this section: 272

       (1) "Victim's representative" has the same meaning as in 273
section 2930.01 of the Revised Code; 274

       (2) "Victim advocate" has the same meaning as in section 275
2919.26 of the Revised Code. 276

       Sec. 2743.191. (A)(1) There is hereby created in the state 277
treasury the reparations fund, which shall be used only for the 278
following purposes: 279

       (a) The payment of awards of reparations that are granted by 280
the attorney general; 281

       (b) The compensation of any personnel needed by the attorney 282
general to administer sections 2743.51 to 2743.72 of the Revised 283
Code; 284

       (c) The compensation of witnesses as provided in division (J) 285
of section 2743.65 of the Revised Code; 286

       (d) Other administrative costs of hearing and determining 287
claims for an award of reparations by the attorney general; 288

       (e) The costs of administering sections 2907.28 and 2969.01 289
to 2969.06 of the Revised Code; 290

       (f) The costs of investigation and decision-making as 291
certified by the attorney general; 292

       (g) The provision of state financial assistance to victim 293
assistance programs in accordance with sections 109.91 and 109.92 294
of the Revised Code; 295

       (h) The costs of paying the expenses of sex offense-related 296
examinations and antibiotics pursuant to section 2907.28 of the 297
Revised Code; 298

       (i) The cost of printing and distributing the pamphlet 299
prepared by the attorney general pursuant to section 109.42 of the 300
Revised Code; 301

       (j) Subject to division (D) of section 2743.71 of the Revised 302
Code, the costs associated with the printing and providing of 303
information cards or other printed materials to law enforcement 304
agencies and prosecuting authorities and with publicizing the 305
availability of awards of reparations pursuant to section 2743.71 306
of the Revised Code; 307

       (k) The payment of costs of administering a DNA specimen 308
collection procedure pursuant to sections 2152.74 and 2901.07 of 309
the Revised Code, of performing DNA analysis of those DNA 310
specimens, and of entering the resulting DNA records regarding 311
those analyses into the DNA database pursuant to section 109.573 312
of the Revised Code; 313

       (l) The payment of actual costs associated with initiatives 314
by the attorney general for the apprehension, prosecution, and 315
accountability of offenders, and the enhancing of services to 316
crime victims. The amount of payments made pursuant to division 317
(A)(1)(l) of this section during any given fiscal year shall not 318
exceed five per cent of the balance of the reparations fund at the 319
close of the immediately previous fiscal year; 320

       (m) The costs of administering the adult parole authority's 321
supervision ~~of sexually violent predators with an active global~~ 322
~~positioning system device~~ pursuant to division (E) of section 323
2971.05 of the Revised Code of sexually violent predators who are 324
sentenced to a prison term pursuant to division (A)(3) of section 325
2971.03 of the Revised Code, of offenders who are sentenced to a 326
prison term pursuant to division (B)(1)(a), (b), or (c) of that 327
section for a violation of division (A)(1)(b) of section 2907.02 328
of the Revised Code, and of offenders who are sentenced to a 329
prison term pursuant to division (B)(2)(a), (b), or (c) of section 330
2971.03 of the Revised Code for attempted rape and a specification 331
of the type described in section 2941.1418, 2941.1419, 2941.1420 332
of the Revised Code. 333

       (2) All costs paid pursuant to section 2743.70 of the Revised 334
Code, the portions of license reinstatement fees mandated by 335
division (F)(2)(b) of section 4511.191 of the Revised Code to be 336
credited to the fund, the portions of the proceeds of the sale of 337
a forfeited vehicle specified in division (C)(2) of section 338
4503.234 of the Revised Code, payments collected by the department 339
of rehabilitation and correction from prisoners who voluntarily 340
participate in an approved work and training program pursuant to 341
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and 342
all moneys collected by the state pursuant to its right of 343
subrogation provided in section 2743.72 of the Revised Code shall 344
be deposited in the fund. 345

       (B) In making an award of reparations, the attorney general 346
shall render the award against the state. The award shall be 347
accomplished only through the following procedure, and the 348
following procedure may be enforced by writ of mandamus directed 349
to the appropriate official: 350

       (1) The attorney general shall provide for payment of the 351
claimant or providers in the amount of the award only if the 352
amount of the award is fifty dollars or more. 353

       (2) The expense shall be charged against all available 354
unencumbered moneys in the fund. 355

       (3) If sufficient unencumbered moneys do not exist in the 356
fund, the attorney general shall make application for payment of 357
the award out of the emergency purposes account or any other 358
appropriation for emergencies or contingencies, and payment out of 359
this account or other appropriation shall be authorized if there 360
are sufficient moneys greater than the sum total of then pending 361
emergency purposes account requests or requests for releases from 362
the other appropriations. 363

       (4) If sufficient moneys do not exist in the account or any 364
other appropriation for emergencies or contingencies to pay the 365
award, the attorney general shall request the general assembly to 366
make an appropriation sufficient to pay the award, and no payment 367
shall be made until the appropriation has been made. The attorney 368
general shall make this appropriation request during the current 369
biennium and during each succeeding biennium until a sufficient 370
appropriation is made. If, prior to the time that an appropriation 371
is made by the general assembly pursuant to this division, the 372
fund has sufficient unencumbered funds to pay the award or part of 373
the award, the available funds shall be used to pay the award or 374
part of the award, and the appropriation request shall be amended 375
to request only sufficient funds to pay that part of the award 376
that is unpaid. 377

       (C) The attorney general shall not make payment on a decision 378
or order granting an award until all appeals have been determined 379
and all rights to appeal exhausted, except as otherwise provided 380
in this section. If any party to a claim for an award of 381
reparations appeals from only a portion of an award, and a 382
remaining portion provides for the payment of money by the state, 383
that part of the award calling for the payment of money by the 384
state and not a subject of the appeal shall be processed for 385
payment as described in this section. 386

       (D) The attorney general shall prepare itemized bills for the 387
costs of printing and distributing the pamphlet the attorney 388
general prepares pursuant to section 109.42 of the Revised Code. 389
The itemized bills shall set forth the name and address of the 390
persons owed the amounts set forth in them. 391

       (E) As used in this section, "DNA analysis" and "DNA 392
specimen" have the same meanings as in section 109.573 of the 393
Revised Code. 394

       Sec. 2903.212. (A) Except when the complaint involves a 395
person who is a family or household member as defined in section 396
2919.25 of the Revised Code, if a person is charged with a 397
violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of 398
the Revised Code or, a violation of a municipal ordinance that is 399
substantially similar to one of those sections, or a sexually 400
oriented offense and if the person, at the time of the alleged 401
violation, was subject to the terms of any order issued pursuant 402
to section 2903.213, 2933.08, or 2945.04 of the Revised Code or 403
previously had been convicted of or pleaded guilty to a violation 404
of section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised 405
Code that involves the same complainant or, a violation of a 406
municipal ordinance that is substantially similar to one of those 407
sections and that involves the same complainant, or a sexually 408
oriented offense that involves the same complainant, the court 409
shall consider all of the following, in addition to any other 410
circumstances considered by the court and notwithstanding any 411
provisions to the contrary contained in Criminal Rule 46, before 412
setting the amount and conditions of the bail for the person: 413

       (1) Whether the person has a history of violence toward the 414
complainant or a history of other violent acts; 415

       (2) The mental health of the person; 416

       (3) Whether the person has a history of violating the orders 417
of any court or governmental entity; 418

       (4) Whether the person is potentially a threat to any other 419
person; 420

       (5) Whether setting bail at a high level will interfere with 421
any treatment or counseling that the person is undergoing. 422

       (B) Any court that has jurisdiction over violations of 423
section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised 424
Code or, violations of a municipal ordinance that is substantially 425
similar to one of those sections, or sexually oriented offenses 426
may set a schedule for bail to be used in cases involving those 427
violations. The schedule shall require that a judge consider all 428
of the factors listed in division (A) of this section and may 429
require judges to set bail at a certain level or impose other 430
reasonable conditions related to a release on bail or on 431
recognizance if the history of the alleged offender or the 432
circumstances of the alleged offense meet certain criteria in the 433
schedule. 434

       (C) As used in this section, "sexually oriented offense" has 435
the same meaning as in section 2950.01 of the Revised Code. 436

       Sec. 2903.213. (A) Except when the complaint involves a 437
person who is a family or household member as defined in section 438
2919.25 of the Revised Code, upon the filing of a complaint that 439
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 440
2903.211, 2903.22, or 2911.211 of the Revised Code or, a violation 441
of a municipal ordinance substantially similar to section 2903.13, 442
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 443
the commission of a sexually oriented offense, the complainant, 444
the alleged victim, or a family or household member of an alleged 445
victim may file a motion that requests the issuance of a 446
protection order as a pretrial condition of release of the alleged 447
offender, in addition to any bail set under Criminal Rule 46. The 448
motion shall be filed with the clerk of the court that has 449
jurisdiction of the case at any time after the filing of the 450
complaint. If the complaint involves a person who is a family or 451
household member, the complainant, the alleged victim, or the 452
family or household member may file a motion for a temporary 453
protection order pursuant to section 2919.26 of the Revised Code. 454

       (B) A motion for a protection order under this section shall 455
be prepared on a form that is provided by the clerk of the court, 456
and the form shall be substantially as follows: 457

"Motion for Protection Order 458

............................ 459

Name and address of court 460

State of Ohio 461

v. No. .......... 462

............................. 463

Name of Defendant 464

(Name of person), moves the court to issue a protection order 465
containing terms designed to ensure the safety and protection of 466
the complainant or the alleged victim in the above-captioned case, 467
in relation to the named defendant, pursuant to its authority to 468
issue a protection order under section 2903.213 of the Revised 469
Code. 470

       A complaint, a copy of which has been attached to this 471
motion, has been filed in this court charging the named defendant 472
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21, 473
2903.211, 2903.22, or 2911.211 of the Revised Code or, a violation 474
of a municipal ordinance substantially similar to section 2903.13, 475
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or 476
the commission of a sexually oriented offense. 477

       I understand that I must appear before the court, at a time 478
set by the court not later than the next day that the court is in 479
session after the filing of this motion, for a hearing on the 480
motion, and that any protection order granted pursuant to this 481
motion is a pretrial condition of release and is effective only 482
until the disposition of the criminal proceeding arising out of 483
the attached complaint or until the issuance under section 484
2903.214 of the Revised Code of a protection order arising out of 485
the same activities as those that were the basis of the attached 486
complaint. 487

..................................... 488

Signature of person 489

..................................... 490

Address of person" 491

       (C)(1) As soon as possible after the filing of a motion that 492
requests the issuance of a protection order under this section, 493
but not later than the next day that the court is in session after 494
the filing of the motion, the court shall conduct a hearing to 495
determine whether to issue the order. The person who requested the 496
order shall appear before the court and provide the court with the 497
information that it requests concerning the basis of the motion. 498
If the court finds that the safety and protection of the 499
complainant or the alleged victim may be impaired by the continued 500
presence of the alleged offender, the court may issue a protection 501
order under this section, as a pretrial condition of release, that 502
contains terms designed to ensure the safety and protection of the 503
complainant or the alleged victim, including a requirement that 504
the alleged offender refrain from entering the residence, school, 505
business, or place of employment of the complainant or the alleged 506
victim. 507

       (2)(a) If the court issues a protection order under this 508
section that includes a requirement that the alleged offender 509
refrain from entering the residence, school, business, or place of 510
employment of the complainant or the alleged victim, the order 511
shall clearly state that the order cannot be waived or nullified 512
by an invitation to the alleged offender from the complainant, the 513
alleged victim, or a family or household member to enter the 514
residence, school, business, or place of employment or by the 515
alleged offender's entry into one of those places otherwise upon 516
the consent of the complainant, the alleged victim, or a family or 517
household member. 518

       (b) Division (C)(2)(a) of this section does not limit any 519
discretion of a court to determine that an alleged offender 520
charged with a violation of section 2919.27 of the Revised Code, 521
with a violation of a municipal ordinance substantially equivalent 522
to that section, or with contempt of court, which charge is based 523
on an alleged violation of a protection order issued under this 524
section, did not commit the violation or was not in contempt of 525
court. 526

       (D)(1) Except when the complaint involves a person who is a 527
family or household member as defined in section 2919.25 of the 528
Revised Code, upon the filing of a complaint that alleges a 529
violation specified in division (A) of this section, the court, 530
upon its own motion, may issue a protection order under this 531
section as a pretrial condition of release of the alleged offender 532
if it finds that the safety and protection of the complainant or 533
the alleged victim may be impaired by the continued presence of 534
the alleged offender. 535

       (2) If the court issues a protection order under this section 536
as an ex parte order, it shall conduct, as soon as possible after 537
the issuance of the order but not later than the next day that the 538
court is in session after its issuance, a hearing to determine 539
whether the order should remain in effect, be modified, or be 540
revoked. The hearing shall be conducted under the standards set 541
forth in division (C) of this section. 542

       (3) If a municipal court or a county court issues a 543
protection order under this section and if, subsequent to the 544
issuance of the order, the alleged offender who is the subject of 545
the order is bound over to the court of common pleas for 546
prosecution of a felony arising out of the same activities as 547
those that were the basis of the complaint upon which the order is 548
based, notwithstanding the fact that the order was issued by a 549
municipal court or county court, the order shall remain in effect, 550
as though it were an order of the court of common pleas, while the 551
charges against the alleged offender are pending in the court of 552
common pleas, for the period of time described in division (E)(2) 553
of this section, and the court of common pleas has exclusive 554
jurisdiction to modify the order issued by the municipal court or 555
county court. This division applies when the alleged offender is 556
bound over to the court of common pleas as a result of the person 557
waiving a preliminary hearing on the felony charge, as a result of 558
the municipal court or county court having determined at a 559
preliminary hearing that there is probable cause to believe that 560
the felony has been committed and that the alleged offender 561
committed it, as a result of the alleged offender having been 562
indicted for the felony, or in any other manner. 563

       (E) A protection order that is issued as a pretrial condition 564
of release under this section: 565

       (1) Is in addition to, but shall not be construed as a part 566
of, any bail set under Criminal Rule 46; 567

       (2) Is effective only until the disposition, by the court 568
that issued the order or, in the circumstances described in 569
division (D)(3) of this section, by the court of common pleas to 570
which the alleged offender is bound over for prosecution, of the 571
criminal proceeding arising out of the complaint upon which the 572
order is based or until the issuance under section 2903.214 of the 573
Revised Code of a protection order arising out of the same 574
activities as those that were the basis of the complaint filed 575
under this section; 576

       (3) Shall not be construed as a finding that the alleged 577
offender committed the alleged offense and shall not be introduced 578
as evidence of the commission of the offense at the trial of the 579
alleged offender on the complaint upon which the order is based. 580

       (F) A person who meets the criteria for bail under Criminal 581
Rule 46 and who, if required to do so pursuant to that rule, 582
executes or posts bond or deposits cash or securities as bail, 583
shall not be held in custody pending a hearing before the court on 584
a motion requesting a protection order under this section. 585

       (G)(1) A copy of a protection order that is issued under this 586
section shall be issued by the court to the complainant, to the 587
alleged victim, to the person who requested the order, to the 588
defendant, and to all law enforcement agencies that have 589
jurisdiction to enforce the order. The court shall direct that a 590
copy of the order be delivered to the defendant on the same day 591
that the order is entered. If a municipal court or a county court 592
issues a protection order under this section and if, subsequent to 593
the issuance of the order, the defendant who is the subject of the 594
order is bound over to the court of common pleas for prosecution 595
as described in division (D)(3) of this section, the municipal 596
court or county court shall direct that a copy of the order be 597
delivered to the court of common pleas to which the defendant is 598
bound over. 599

       (2) All law enforcement agencies shall establish and maintain 600
an index for the protection orders delivered to the agencies 601
pursuant to division (G)(1) of this section. With respect to each 602
order delivered, each agency shall note on the index the date and 603
time of the agency's receipt of the order. 604

       (3) Regardless of whether the petitioner has registered the 605
protection order in the county in which the officer's agency has 606
jurisdiction, any officer of a law enforcement agency shall 607
enforce a protection order issued pursuant to this section in 608
accordance with the provisions of the order. 609

       (H) Upon a violation of a protection order issued pursuant to 610
this section, the court may issue another protection order under 611
this section, as a pretrial condition of release, that modifies 612
the terms of the order that was violated. 613

       (I) Notwithstanding any provision of law to the contrary and 614
regardless of whether a protection order is issued or a consent 615
agreement is approved by a court of another county or by a court 616
of another state, no court or unit of state or local government 617
shall charge any fee, cost, deposit, or money in connection with 618
the filing of a motion pursuant to this section, in connection 619
with the filing, issuance, registration, or service of a 620
protection order or consent agreement, or for obtaining certified 621
copies of a protection order or consent agreement. 622

       (J) As used in this section, "sexually oriented offense" has 623
the same meaning as in section 2950.01 of the Revised Code. 624

       Sec. 2903.214. (A) As used in this section: 625

       (1) "Court" means the court of common pleas of the county in 626
which the person to be protected by the protection order resides. 627

       (2) "Victim advocate" means a person who provides support and 628
assistance for a person who files a petition under this section. 629

       (3) "Family or household member" has the same meaning as in 630
section 3113.31 of the Revised Code. 631

       (4) "Protection order issued by a court of another state" has 632
the same meaning as in section 2919.27 of the Revised Code. 633

       (5) "Sexually oriented offense" has the same meaning as in 634
section 2950.01 of the Revised Code. 635

       (B) The court has jurisdiction over all proceedings under 636
this section. 637

       (C) A person may seek relief under this section for the 638
person, or any parent or adult household member may seek relief 639
under this section on behalf of any other family or household 640
member, by filing a petition with the court. The petition shall 641
contain or state both of the following: 642

       (1) An allegation that the respondent engaged in a violation 643
of section 2903.211 of the Revised Code against the person to be 644
protected by the protection order or committed a sexually oriented 645
offense against the person to be protected by the protection 646
order, including a description of the nature and extent of the 647
violation; 648

       (2) A request for relief under this section. 649

       (D)(1) If a person who files a petition pursuant to this 650
section requests an ex parte order, the court shall hold an ex 651
parte hearing as soon as possible after the petition is filed, but 652
not later than the next day that the court is in session after the 653
petition is filed. The court, for good cause shown at the ex 654
parte hearing, may enter any temporary orders, with or without 655
bond, that the court finds necessary for the safety and protection 656
of the person to be protected by the order. Immediate and present 657
danger to the person to be protected by the protection order 658
constitutes good cause for purposes of this section. Immediate and 659
present danger includes, but is not limited to, situations in 660
which the respondent has threatened the person to be protected by 661
the protection order with bodily harm or in which the respondent 662
previously has been convicted of or pleaded guilty to a violation 663
of section 2903.211 of the Revised Code or a sexually oriented 664
offense against the person to be protected by the protection 665
order. 666

       (2)(a) If the court, after an ex parte hearing, issues a 667
protection order described in division (E) of this section, the 668
court shall schedule a full hearing for a date that is within ten 669
court days after the ex parte hearing. The court shall give the 670
respondent notice of, and an opportunity to be heard at, the full 671
hearing. The court shall hold the full hearing on the date 672
scheduled under this division unless the court grants a 673
continuance of the hearing in accordance with this division. Under 674
any of the following circumstances or for any of the following 675
reasons, the court may grant a continuance of the full hearing to 676
a reasonable time determined by the court: 677

       (i) Prior to the date scheduled for the full hearing under 678
this division, the respondent has not been served with the 679
petition filed pursuant to this section and notice of the full 680
hearing. 681

       (ii) The parties consent to the continuance. 682

       (iii) The continuance is needed to allow a party to obtain 683
counsel. 684

       (iv) The continuance is needed for other good cause. 685

       (b) An ex parte order issued under this section does not 686
expire because of a failure to serve notice of the full hearing 687
upon the respondent before the date set for the full hearing under 688
division (D)(2)(a) of this section or because the court grants a 689
continuance under that division. 690

       (3) If a person who files a petition pursuant to this section 691
does not request an ex parte order, or if a person requests an ex 692
parte order but the court does not issue an ex parte order after 693
an ex parte hearing, the court shall proceed as in a normal civil 694
action and grant a full hearing on the matter. 695

       (E)(1) After an ex parte or full hearing, the court may issue 696
any protection order, with or without bond, that contains terms 697
designed to ensure the safety and protection of the person to be 698
protected by the protection order, including, but not limited to, 699
a requirement that the respondent refrain from entering the 700
residence, school, business, or place of employment of the 701
petitioner or family or household member. If the court includes a 702
requirement that the respondent refrain from entering the 703
residence, school, business, or place of employment of the 704
petitioner or family or household member in the order, it also 705
shall include in the order provisions of the type described in 706
division (E)(5) of this section. 707

       (2)(a) Any protection order issued pursuant to this section 708
shall be valid until a date certain but not later than five years 709
from the date of its issuance. 710

       (b) Any protection order issued pursuant to this section may 711
be renewed in the same manner as the original order was issued. 712

       (3) A court may not issue a protection order that requires a 713
petitioner to do or to refrain from doing an act that the court 714
may require a respondent to do or to refrain from doing under 715
division (E)(1) of this section unless all of the following apply: 716

       (a) The respondent files a separate petition for a protection 717
order in accordance with this section. 718

       (b) The petitioner is served with notice of the respondent's 719
petition at least forty-eight hours before the court holds a 720
hearing with respect to the respondent's petition, or the 721
petitioner waives the right to receive this notice. 722

       (c) If the petitioner has requested an ex parte order 723
pursuant to division (D) of this section, the court does not delay 724
any hearing required by that division beyond the time specified in 725
that division in order to consolidate the hearing with a hearing 726
on the petition filed by the respondent. 727

       (d) After a full hearing at which the respondent presents 728
evidence in support of the request for a protection order and the 729
petitioner is afforded an opportunity to defend against that 730
evidence, the court determines that the petitioner has committed a 731
violation of section 2903.211 of the Revised Code against the 732
person to be protected by the protection order issued pursuant to 733
this section, has committed a sexually oriented offense against 734
the person to be protected by the protection order, or has 735
violated a protection order issued pursuant to section 2903.213 of 736
the Revised Code relative to the person to be protected by the 737
protection order issued pursuant to this section. 738

       (4) No protection order issued pursuant to this section shall 739
in any manner affect title to any real property. 740

       (5)(a) If the court issues a protection order under this 741
section that includes a requirement that the alleged offender 742
refrain from entering the residence, school, business, or place of 743
employment of the petitioner or a family or household member, the 744
order shall clearly state that the order cannot be waived or 745
nullified by an invitation to the alleged offender from the 746
complainant to enter the residence, school, business, or place of 747
employment or by the alleged offender's entry into one of those 748
places otherwise upon the consent of the petitioner or family or 749
household member. 750

       (b) Division (E)(5)(a) of this section does not limit any 751
discretion of a court to determine that an alleged offender 752
charged with a violation of section 2919.27 of the Revised Code, 753
with a violation of a municipal ordinance substantially equivalent 754
to that section, or with contempt of court, which charge is based 755
on an alleged violation of a protection order issued under this 756
section, did not commit the violation or was not in contempt of 757
court. 758

       (F)(1) The court shall cause the delivery of a copy of any 759
protection order that is issued under this section to the 760
petitioner, to the respondent, and to all law enforcement agencies 761
that have jurisdiction to enforce the order. The court shall 762
direct that a copy of the order be delivered to the respondent on 763
the same day that the order is entered. 764

       (2) All law enforcement agencies shall establish and maintain 765
an index for the protection orders delivered to the agencies 766
pursuant to division (F)(1) of this section. With respect to each 767
order delivered, each agency shall note on the index the date and 768
time that it received the order. 769

       (3) Regardless of whether the petitioner has registered the 770
protection order in the county in which the officer's agency has 771
jurisdiction pursuant to division (M) of this section, any officer 772
of a law enforcement agency shall enforce a protection order 773
issued pursuant to this section by any court in this state in 774
accordance with the provisions of the order, including removing 775
the respondent from the premises, if appropriate. 776

       (G) Any proceeding under this section shall be conducted in 777
accordance with the Rules of Civil Procedure, except that a 778
protection order may be obtained under this section with or 779
without bond. An order issued under this section, other than an 780
ex parte order, that grants a protection order, or that refuses to 781
grant a protection order, is a final, appealable order. The 782
remedies and procedures provided in this section are in addition 783
to, and not in lieu of, any other available civil or criminal 784
remedies. 785

       (H) The filing of proceedings under this section does not 786
excuse a person from filing any report or giving any notice 787
required by section 2151.421 of the Revised Code or by any other 788
law. 789

       (I) Any law enforcement agency that investigates an alleged 790
violation of section 2903.211 of the Revised Code or an alleged 791
commission of a sexually oriented offense shall provide 792
information to the victim and the family or household members of 793
the victim regarding the relief available under this section and 794
section 2903.213 of the Revised Code. 795

       (J) Notwithstanding any provision of law to the contrary and 796
regardless of whether a protection order is issued or a consent 797
agreement is approved by a court of another county or by a court 798
of another state, no court or unit of state or local government 799
shall charge any fee, cost, deposit, or money in connection with 800
the filing of a petition pursuant to this section, in connection 801
with the filing, issuance, registration, or service of a 802
protection order or consent agreement, or for obtaining a 803
certified copy of a protection order or consent agreement. 804

       (K)(1) A person who violates a protection order issued under 805
this section is subject to the following sanctions: 806

       (a) Criminal prosecution for a violation of section 2919.27 807
of the Revised Code, if the violation of the protection order 808
constitutes a violation of that section; 809

       (b) Punishment for contempt of court. 810

       (2) The punishment of a person for contempt of court for 811
violation of a protection order issued under this section does not 812
bar criminal prosecution of the person for a violation of section 813
2919.27 of the Revised Code. However, a person punished for 814
contempt of court is entitled to credit for the punishment imposed 815
upon conviction of a violation of that section, and a person 816
convicted of a violation of that section shall not subsequently be 817
punished for contempt of court arising out of the same activity. 818

       (L) In all stages of a proceeding under this section, a 819
petitioner may be accompanied by a victim advocate. 820

       (M)(1) A petitioner who obtains a protection order under this 821
section or a protection order under section 2903.213 of the 822
Revised Code may provide notice of the issuance or approval of the 823
order to the judicial and law enforcement officials in any county 824
other than the county in which the order is issued by registering 825
that order in the other county pursuant to division (M)(2) of this 826
section and filing a copy of the registered order with a law 827
enforcement agency in the other county in accordance with that 828
division. A person who obtains a protection order issued by a 829
court of another state may provide notice of the issuance of the 830
order to the judicial and law enforcement officials in any county 831
of this state by registering the order in that county pursuant to 832
section 2919.272 of the Revised Code and filing a copy of the 833
registered order with a law enforcement agency in that county. 834

       (2) A petitioner may register a protection order issued 835
pursuant to this section or section 2903.213 of the Revised Code 836
in a county other than the county in which the court that issued 837
the order is located in the following manner: 838

       (a) The petitioner shall obtain a certified copy of the order 839
from the clerk of the court that issued the order and present that 840
certified copy to the clerk of the court of common pleas or the 841
clerk of a municipal court or county court in the county in which 842
the order is to be registered. 843

       (b) Upon accepting the certified copy of the order for 844
registration, the clerk of the court of common pleas, municipal 845
court, or county court shall place an endorsement of registration 846
on the order and give the petitioner a copy of the order that 847
bears that proof of registration. 848

       (3) The clerk of each court of common pleas, municipal court, 849
or county court shall maintain a registry of certified copies of 850
protection orders that have been issued by courts in other 851
counties pursuant to this section or section 2903.213 of the 852
Revised Code and that have been registered with the clerk. 853

       Sec. 2907.02. (A)(1) No person shall engage in sexual 854
conduct with another who is not the spouse of the offender or who 855
is the spouse of the offender but is living separate and apart 856
from the offender, when any of the following applies: 857

       (a) For the purpose of preventing resistance, the offender 858
substantially impairs the other person's judgment or control by 859
administering any drug, intoxicant, or controlled substance to the 860
other person surreptitiously or by force, threat of force, or 861
deception. 862

       (b) The other person is less than thirteen years of age, 863
whether or not the offender knows the age of the other person. 864

       (c) The other person's ability to resist or consent is 865
substantially impaired because of a mental or physical condition 866
or because of advanced age, and the offender knows or has 867
reasonable cause to believe that the other person's ability to 868
resist or consent is substantially impaired because of a mental or 869
physical condition or because of advanced age. 870

       (2) No person shall engage in sexual conduct with another 871
when the offender purposely compels the other person to submit by 872
force or threat of force. 873

       (B) Whoever violates this section is guilty of rape, a felony 874
of the first degree. If the offender under division (A)(1)(a) of 875
this section substantially impairs the other person's judgment or 876
control by administering any controlled substance described in 877
section 3719.41 of the Revised Code to the other person 878
surreptitiously or by force, threat of force, or deception, the 879
prison term imposed upon the offender shall be one of the prison 880
terms prescribed for a felony of the first degree in section 881
2929.14 of the Revised Code that is not less than five years. If 882
~~the~~Except as otherwise provided in this division, notwithstanding 883
sections 2929.11 to 2929.14 of the Revised Code, an offender under 884
division (A)(1)(b) of this section ~~purposely compels the victim to~~ 885
~~submit by force or threat of force or if the victim under division~~ 886
~~(A)(1)(b) of this section is less than ten years of age, whoever~~ 887
~~violates division (A)(1)(b) of this section shall be imprisoned~~ 888
~~for life~~shall be sentenced to a prison term or term of life 889
imprisonment pursuant to section 2971.03 of the Revised Code. If 890
~~the~~an offender under division (A)(1)(b) of this section 891
previously has been convicted of or pleaded guilty to violating 892
division (A)(1)(b) of this section or to violating aan existing 893
or former law of this state, another state, or the United States 894
that is substantially similar to division (A)(1)(b) of this 895
section or, if the offender during or immediately after the 896
commission of the offense caused serious physical harm to the 897
victim, ~~whoever violates division (A)(1)(b) of this section shall~~ 898
~~be imprisoned for life~~ or if the victim under division (A)(1)(b) 899
of this section is less than ten years of age, in lieu of 900
sentencing the offender to a prison term or term of life 901
imprisonment pursuant to section 2971.03 of the Revised Code, the 902
court may impose upon the offender a term of life without parole. 903
If the court imposes a term of life without parole pursuant to 904
this division, division (F) of section 2971.03 of the Revised Code 905
applies, and the offender automatically is classified a sexual 906
predator, as described in that division. 907

       (C) A victim need not prove physical resistance to the 908
offender in prosecutions under this section. 909

       (D) Evidence of specific instances of the victim's sexual 910
activity, opinion evidence of the victim's sexual activity, and 911
reputation evidence of the victim's sexual activity shall not be 912
admitted under this section unless it involves evidence of the 913
origin of semen, pregnancy, or disease, or the victim's past 914
sexual activity with the offender, and only to the extent that the 915
court finds that the evidence is material to a fact at issue in 916
the case and that its inflammatory or prejudicial nature does not 917
outweigh its probative value. 918

       Evidence of specific instances of the defendant's sexual 919
activity, opinion evidence of the defendant's sexual activity, and 920
reputation evidence of the defendant's sexual activity shall not 921
be admitted under this section unless it involves evidence of the 922
origin of semen, pregnancy, or disease, the defendant's past 923
sexual activity with the victim, or is admissible against the 924
defendant under section 2945.59 of the Revised Code, and only to 925
the extent that the court finds that the evidence is material to a 926
fact at issue in the case and that its inflammatory or prejudicial 927
nature does not outweigh its probative value. 928

       (E) Prior to taking testimony or receiving evidence of any 929
sexual activity of the victim or the defendant in a proceeding 930
under this section, the court shall resolve the admissibility of 931
the proposed evidence in a hearing in chambers, which shall be 932
held at or before preliminary hearing and not less than three days 933
before trial, or for good cause shown during the trial. 934

       (F) Upon approval by the court, the victim may be represented 935
by counsel in any hearing in chambers or other proceeding to 936
resolve the admissibility of evidence. If the victim is indigent 937
or otherwise is unable to obtain the services of counsel, the 938
court, upon request, may appoint counsel to represent the victim 939
without cost to the victim. 940

       (G) It is not a defense to a charge under division (A)(2) of 941
this section that the offender and the victim were married or were 942
cohabiting at the time of the commission of the offense. 943

       Sec. 2907.07. (A) No person shall solicit a person who is 944
less than thirteen years of age to engage in sexual activity with 945
the offender, whether or not the offender knows the age of such 946
person. 947

       (B) No person shall solicit another, not the spouse of the 948
offender, to engage in sexual conduct with the offender, when the 949
offender is eighteen years of age or older and four or more years 950
older than the other person, and the other person is thirteen 951
years of age or older but less than sixteen years of age, whether 952
or not the offender knows the age of the other person. 953

       (C) No person shall solicit another by means of a 954
telecommunications device, as defined in section 2913.01 of the 955
Revised Code, to engage in sexual activity with the offender when 956
the offender is eighteen years of age or older and either of the 957
following applies: 958

       (1) The other person is less than thirteen years of age, and 959
the offender knows that the other person is less than thirteen 960
years of age or is reckless in that regard. 961

       (2) The other person is a law enforcement officer posing as a 962
person who is less than thirteen years of age, and the offender 963
believes that the other person is less than thirteen years of age 964
or is reckless in that regard. 965

       (D) No person shall solicit another by means of a 966
telecommunications device, as defined in section 2913.01 of the 967
Revised Code, to engage in sexual activity with the offender when 968
the offender is eighteen years of age or older and either of the 969
following applies: 970

       (1) The other person is thirteen years of age or older but 971
less than sixteen years of age, the offender knows that the other 972
person is thirteen years of age or older but less than sixteen 973
years of age or is reckless in that regard, and the offender is 974
four or more years older than the other person. 975

       (2) The other person is a law enforcement officer posing as a 976
person who is thirteen years of age or older but less than sixteen 977
years of age, the offender believes that the other person is 978
thirteen years of age or older but less than sixteen years of age 979
or is reckless in that regard, and the offender is four or more 980
years older than the age the law enforcement officer assumes in 981
posing as the person who is thirteen years of age or older but 982
less than sixteen years of age. 983

       (E) Divisions (C) and (D) of this section apply to any 984
solicitation that is contained in a transmission via a 985
telecommunications device that either originates in this state or 986
is received in this state. 987

       (F) Whoever violates this section is guilty of importuning. 988
A violation of division (A) or (C) of this section is a felony of 989
the ~~fourth~~third degree on a first offense and a felony of the 990
~~third~~second degree on each subsequent offense. Notwithstanding 991
division (C) of section 2929.13 of the Revised Code, there is a 992
presumption that a prison term shall be imposed for a violation of 993
division (A) or (C) of this section as described in division (D) 994
of section 2929.13 of the Revised Code. A violation of division 995
(B) or (D) of this section is a felony of the fifth degree on a 996
first offense and a felony of the fourth degree on each subsequent 997
offense. 998

       Sec. 2919.26. (A)(1) Upon the filing of a complaint that 999
alleges a violation of section 2909.06, 2909.07, 2911.12, or 1000
2911.211 of the Revised Code if the alleged victim of the 1001
violation was a family or household member at the time of the 1002
violation, a violation of a municipal ordinance that is 1003
substantially similar to any of those sections if the alleged 1004
victim of the violation was a family or household member at the 1005
time of the violation, any offense of violence if the alleged 1006
victim of the offense was a family or household member at the time 1007
of the commission of the offense, or any sexually oriented offense 1008
if the alleged victim of the offense was a family or household 1009
member at the time of the commission of the offense, the 1010
complainant, the alleged victim, or a family or household member 1011
of an alleged victim may file, or, if in an emergency the alleged 1012
victim is unable to file, a person who made an arrest for the 1013
alleged violation or offense under section 2935.03 of the Revised 1014
Code may file on behalf of the alleged victim, a motion that 1015
requests the issuance of a temporary protection order as a 1016
pretrial condition of release of the alleged offender, in addition 1017
to any bail set under Criminal Rule 46. The motion shall be filed 1018
with the clerk of the court that has jurisdiction of the case at 1019
any time after the filing of the complaint. 1020

       (2) For purposes of section 2930.09 of the Revised Code, all 1021
stages of a proceeding arising out of a complaint alleging the 1022
commission of a violation or, offense of violence, or sexually 1023
oriented offense described in division (A)(1) of this section, 1024
including all proceedings on a motion for a temporary protection 1025
order, are critical stages of the case, and a victim may be 1026
accompanied by a victim advocate or another person to provide 1027
support to the victim as provided in that section. 1028

       (B) The motion shall be prepared on a form that is provided 1029
by the clerk of the court, which form shall be substantially as 1030
follows: 1031

"MOTION FOR TEMPORARY PROTECTION ORDER 1032

.......................... Court 1033

Name and address of court 1034

State of Ohio 1035

v. No. .......... 1036

................. 1037

Name of Defendant 1038

(name of person), moves the court to issue a temporary protection 1039
order containing terms designed to ensure the safety and 1040
protection of the complainant, alleged victim, and other family or 1041
household members, in relation to the named defendant, pursuant to 1042
its authority to issue such an order under section 2919.26 of the 1043
Revised Code. 1044

       A complaint, a copy of which has been attached to this 1045
motion, has been filed in this court charging the named defendant 1046
with .......................... (name of the specified violation 1047
or, the offense of violence, or sexually oriented offense charged) 1048
in circumstances in which the victim was a family or household 1049
member in violation of (section of the Revised Code designating 1050
the specified violation or, offense of violence, or sexually 1051
oriented offense charged), or charging the named defendant with a 1052
violation of a municipal ordinance that is substantially similar 1053
to ........................ (section of the Revised Code 1054
designating the specified violation or, offense of violence, or 1055
sexually oriented offense charged) involving a family or household 1056
member. 1057

       I understand that I must appear before the court, at a time 1058
set by the court within twenty-four hours after the filing of this 1059
motion, for a hearing on the motion or that, if I am unable to 1060
appear because of hospitalization or a medical condition resulting 1061
from the offense alleged in the complaint, a person who can 1062
provide information about my need for a temporary protection order 1063
must appear before the court in lieu of my appearing in court. I 1064
understand that any temporary protection order granted pursuant to 1065
this motion is a pretrial condition of release and is effective 1066
only until the disposition of the criminal proceeding arising out 1067
of the attached complaint, or the issuance of a civil protection 1068
order or the approval of a consent agreement, arising out of the 1069
same activities as those that were the basis of the complaint, 1070
under section 3113.31 of the Revised Code. 1071

.......................................... 1072

Signature of person 1073

(or signature of the arresting officer who filed the motion on 1074
behalf of the alleged victim) 1075

.......................................... 1076

Address of person (or office address of the arresting officer who 1077
filed the motion on behalf of the alleged victim)" 1078

       (C)(1) As soon as possible after the filing of a motion that 1079
requests the issuance of a temporary protection order, but not 1080
later than twenty-four hours after the filing of the motion, the 1081
court shall conduct a hearing to determine whether to issue the 1082
order. The person who requested the order shall appear before the 1083
court and provide the court with the information that it requests 1084
concerning the basis of the motion. If the person who requested 1085
the order is unable to appear and if the court finds that the 1086
failure to appear is because of the person's hospitalization or 1087
medical condition resulting from the offense alleged in the 1088
complaint, another person who is able to provide the court with 1089
the information it requests may appear in lieu of the person who 1090
requested the order. If the court finds that the safety and 1091
protection of the complainant, alleged victim, or any other family 1092
or household member of the alleged victim may be impaired by the 1093
continued presence of the alleged offender, the court may issue a 1094
temporary protection order, as a pretrial condition of release, 1095
that contains terms designed to ensure the safety and protection 1096
of the complainant, alleged victim, or the family or household 1097
member, including a requirement that the alleged offender refrain 1098
from entering the residence, school, business, or place of 1099
employment of the complainant, alleged victim, or the family or 1100
household member. 1101

       (2)(a) If the court issues a temporary protection order that 1102
includes a requirement that the alleged offender refrain from 1103
entering the residence, school, business, or place of employment 1104
of the complainant, the alleged victim, or the family or household 1105
member, the order shall state clearly that the order cannot be 1106
waived or nullified by an invitation to the alleged offender from 1107
the complainant, alleged victim, or family or household member to 1108
enter the residence, school, business, or place of employment or 1109
by the alleged offender's entry into one of those places otherwise 1110
upon the consent of the complainant, alleged victim, or family or 1111
household member. 1112

       (b) Division (C)(2)(a) of this section does not limit any 1113
discretion of a court to determine that an alleged offender 1114
charged with a violation of section 2919.27 of the Revised Code, 1115
with a violation of a municipal ordinance substantially equivalent 1116
to that section, or with contempt of court, which charge is based 1117
on an alleged violation of a temporary protection order issued 1118
under this section, did not commit the violation or was not in 1119
contempt of court. 1120

       (D)(1) Upon the filing of a complaint that alleges a 1121
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the 1122
Revised Code if the alleged victim of the violation was a family 1123
or household member at the time of the violation, a violation of a 1124
municipal ordinance that is substantially similar to any of those 1125
sections if the alleged victim of the violation was a family or 1126
household member at the time of the violation, any offense of 1127
violence if the alleged victim of the offense was a family or 1128
household member at the time of the commission of the offense, or 1129
any sexually oriented offense if the alleged victim of the offense 1130
was a family or household member at the time of the commission of 1131
the offense, the court, upon its own motion, may issue a temporary 1132
protection order as a pretrial condition of release if it finds 1133
that the safety and protection of the complainant, alleged victim, 1134
or other family or household member of the alleged offender may be 1135
impaired by the continued presence of the alleged offender. 1136

       (2) If the court issues a temporary protection order under 1137
this section as an ex parte order, it shall conduct, as soon as 1138
possible after the issuance of the order, a hearing in the 1139
presence of the alleged offender not later than the next day on 1140
which the court is scheduled to conduct business after the day on 1141
which the alleged offender was arrested or at the time of the 1142
appearance of the alleged offender pursuant to summons to 1143
determine whether the order should remain in effect, be modified, 1144
or be revoked. The hearing shall be conducted under the standards 1145
set forth in division (C) of this section. 1146

       (3) An order issued under this section shall contain only 1147
those terms authorized in orders issued under division (C) of this 1148
section. 1149

       (4) If a municipal court or a county court issues a temporary 1150
protection order under this section and if, subsequent to the 1151
issuance of the order, the alleged offender who is the subject of 1152
the order is bound over to the court of common pleas for 1153
prosecution of a felony arising out of the same activities as 1154
those that were the basis of the complaint upon which the order is 1155
based, notwithstanding the fact that the order was issued by a 1156
municipal court or county court, the order shall remain in effect, 1157
as though it were an order of the court of common pleas, while the 1158
charges against the alleged offender are pending in the court of 1159
common pleas, for the period of time described in division (E)(2) 1160
of this section, and the court of common pleas has exclusive 1161
jurisdiction to modify the order issued by the municipal court or 1162
county court. This division applies when the alleged offender is 1163
bound over to the court of common pleas as a result of the person 1164
waiving a preliminary hearing on the felony charge, as a result of 1165
the municipal court or county court having determined at a 1166
preliminary hearing that there is probable cause to believe that 1167
the felony has been committed and that the alleged offender 1168
committed it, as a result of the alleged offender having been 1169
indicted for the felony, or in any other manner. 1170

       (E) A temporary protection order that is issued as a pretrial 1171
condition of release under this section: 1172

       (1) Is in addition to, but shall not be construed as a part 1173
of, any bail set under Criminal Rule 46; 1174

       (2) Is effective only until the occurrence of either of the 1175
following: 1176

       (a) The disposition, by the court that issued the order or, 1177
in the circumstances described in division (D)(4) of this section, 1178
by the court of common pleas to which the alleged offender is 1179
bound over for prosecution, of the criminal proceeding arising out 1180
of the complaint upon which the order is based; 1181

       (b) The issuance of a protection order or the approval of a 1182
consent agreement, arising out of the same activities as those 1183
that were the basis of the complaint upon which the order is 1184
based, under section 3113.31 of the Revised Code; 1185

       (3) Shall not be construed as a finding that the alleged 1186
offender committed the alleged offense, and shall not be 1187
introduced as evidence of the commission of the offense at the 1188
trial of the alleged offender on the complaint upon which the 1189
order is based. 1190

       (F) A person who meets the criteria for bail under Criminal 1191
Rule 46 and who, if required to do so pursuant to that rule, 1192
executes or posts bond or deposits cash or securities as bail, 1193
shall not be held in custody pending a hearing before the court on 1194
a motion requesting a temporary protection order. 1195

       (G)(1) A copy of any temporary protection order that is 1196
issued under this section shall be issued by the court to the 1197
complainant, to the alleged victim, to the person who requested 1198
the order, to the defendant, and to all law enforcement agencies 1199
that have jurisdiction to enforce the order. The court shall 1200
direct that a copy of the order be delivered to the defendant on 1201
the same day that the order is entered. If a municipal court or a 1202
county court issues a temporary protection order under this 1203
section and if, subsequent to the issuance of the order, the 1204
defendant who is the subject of the order is bound over to the 1205
court of common pleas for prosecution as described in division 1206
(D)(4) of this section, the municipal court or county court shall 1207
direct that a copy of the order be delivered to the court of 1208
common pleas to which the defendant is bound over. 1209

       (2) All law enforcement agencies shall establish and maintain 1210
an index for the temporary protection orders delivered to the 1211
agencies pursuant to division (G)(1) of this section. With 1212
respect to each order delivered, each agency shall note on the 1213
index, the date and time of the receipt of the order by the 1214
agency. 1215

       (3) A complainant, alleged victim, or other person who 1216
obtains a temporary protection order under this section may 1217
provide notice of the issuance of the temporary protection order 1218
to the judicial and law enforcement officials in any county other 1219
than the county in which the order is issued by registering that 1220
order in the other county in accordance with division (N) of 1221
section 3113.31 of the Revised Code and filing a copy of the 1222
registered protection order with a law enforcement agency in the 1223
other county in accordance with that division. 1224

       (4) Any officer of a law enforcement agency shall enforce a 1225
temporary protection order issued by any court in this state in 1226
accordance with the provisions of the order, including removing 1227
the defendant from the premises, regardless of whether the order 1228
is registered in the county in which the officer's agency has 1229
jurisdiction as authorized by division (G)(3) of this section. 1230

       (H) Upon a violation of a temporary protection order, the 1231
court may issue another temporary protection order, as a pretrial 1232
condition of release, that modifies the terms of the order that 1233
was violated. 1234

       (I)(1) As used in divisions (I)(1) and (2) of this section, 1235
"defendant" means a person who is alleged in a complaint to have 1236
committed a violation or, offense of violence, or sexually 1237
oriented offense of the type described in division (A) of this 1238
section. 1239

       (2) If a complaint is filed that alleges that a person 1240
committed a violation or, offense of violence, or sexually 1241
oriented offense of the type described in division (A) of this 1242
section, the court may not issue a temporary protection order 1243
under this section that requires the complainant, the alleged 1244
victim, or another family or household member of the defendant to 1245
do or refrain from doing an act that the court may require the 1246
defendant to do or refrain from doing under a temporary protection 1247
order unless both of the following apply: 1248

       (a) The defendant has filed a separate complaint that alleges 1249
that the complainant, alleged victim, or other family or household 1250
member in question who would be required under the order to do or 1251
refrain from doing the act committed a violation or offense of 1252
violence of the type described in division (A) of this section. 1253

       (b) The court determines that both the complainant, alleged 1254
victim, or other family or household member in question who would 1255
be required under the order to do or refrain from doing the act 1256
and the defendant acted primarily as aggressors, that neither the 1257
complainant, alleged victim, or other family or household member 1258
in question who would be required under the order to do or refrain 1259
from doing the act nor the defendant acted primarily in 1260
self-defense, and, in accordance with the standards and criteria 1261
of this section as applied in relation to the separate complaint 1262
filed by the defendant, that it should issue the order to require 1263
the complainant, alleged victim, or other family or household 1264
member in question to do or refrain from doing the act. 1265

       (J) Notwithstanding any provision of law to the contrary and 1266
regardless of whether a protection order is issued or a consent 1267
agreement is approved by a court of another county or a court of 1268
another state, no court or unit of state or local government shall 1269
charge any fee, cost, deposit, or money in connection with the 1270
filing of a motion pursuant to this section, in connection with 1271
the filing, issuance, registration, or service of a protection 1272
order or consent agreement, or for obtaining a certified copy of a 1273
protection order or consent agreement. 1274

       (K) As used in this section: 1275

       (1) "Sexually oriented offense" has the same meaning as in 1276
section 2950.01 of the Revised Code. 1277

       (2) "Victim advocate" means a person who provides support and 1278
assistance for a victim of an offense during court proceedings. 1279

       Sec. 2921.34. (A)(1) No person, knowing the person is under 1280
detention or being reckless in that regard, shall purposely break 1281
or attempt to break the detention, or purposely fail to return to 1282
detention, either following temporary leave granted for a specific 1283
purpose or limited period, or at the time required when serving a 1284
sentence in intermittent confinement. 1285

       (2) ~~No person~~Division (A)(2) of this section applies to any 1286
person who is adjudicated a sexually violent predator and is 1287
sentenced to a prison term pursuant to division (A)(3) of section 1288
2971.03 of the Revised Code for the sexually violent offense, to 1289
any person who is convicted of or pleads guilty to a violation of 1290
division (A)(1)(b) of section 2907.02 of the Revised Code 1291
committed on or after the effective date of this amendment and is 1292
sentenced to a prison term pursuant to division (B)(1)(a), (b), or 1293
(c) of section 2971.03 of the Revised Code for the violation, and 1294
to any person who is convicted of or pleads guilty to attempted 1295
rape committed on or after the effective date of this amendment 1296
and a specification of the type described in section 2941.1418, 1297
2941.1419, or 2941.1420 of the Revised Code and is sentenced to a 1298
prison term pursuant to division (B)(2)(a), (b), or (c) of section 1299
2971.03 of the Revised Code for the attempted rape. No person to 1300
whom this division applies, for whom the requirement that the 1301
entire prison term imposed upon the person pursuant to division 1302
(A)(3) or (B) of section 2971.03 of the Revised Code be served in 1303
a state correctional institution has been modified pursuant to 1304
section 2971.05 of the Revised Code, and who, pursuant to that 1305
modification, is restricted to a geographic area, knowing that the 1306
person is under a geographic restriction or being reckless in that 1307
regard, shall purposely leave the geographic area to which the 1308
restriction applies or purposely fail to return to that geographic 1309
area following a temporary leave granted for a specific purpose or 1310
for a limited period of time. 1311

       (B) Irregularity in bringing about or maintaining detention, 1312
or lack of jurisdiction of the committing or detaining authority, 1313
is not a defense to a charge under this section if the detention 1314
is pursuant to judicial order or in a detention facility. In the 1315
case of any other detention, irregularity or lack of jurisdiction 1316
is an affirmative defense only if either of the following occurs: 1317

       (1) The escape involved no substantial risk of harm to the 1318
person or property of another. 1319

       (2) The detaining authority knew or should have known there 1320
was no legal basis or authority for the detention. 1321

       (C) Whoever violates this section is guilty of escape. 1322

       (1) If the offender, at the time of the commission of the 1323
offense, was under detention as an alleged or adjudicated 1324
delinquent child or unruly child and if the act for which the 1325
offender was under detention would not be a felony if committed by 1326
an adult, escape is a misdemeanor of the first degree. 1327

       (2) If the offender, at the time of the commission of the 1328
offense, was under detention in any other manner or, the offender 1329
is a person who was adjudicated a sexually violent predator for 1330
whom the requirement that the entire prison term imposed upon the 1331
person pursuant to division (A)(3) of section 2971.03 of the 1332
Revised Code be served in a state correctional institution has 1333
been modified pursuant to section 2971.05 of the Revised Code, the 1334
offender is a person who was convicted of or pleaded guilty to 1335
committing on or after the effective date of this amendment a 1336
violation of division (A)(1)(b) of section 2907.02 of the Revised 1337
Code for whom the requirement that the entire prison term imposed 1338
upon the person pursuant to division (B)(1)(a), (b), or (c) of 1339
section 2971.03 of the Revised Code be served in a state 1340
correctional institution has been modified pursuant to section 1341
2971.05 of the Revised Code, or the offender is a person who was 1342
convicted of or pleaded guilty to committing on or after the 1343
effective date of this amendment attempted rape, who also was 1344
convicted of or pleaded guilty to a specification of the type 1345
described in section 2941.1418, 2941.1419, or 2941.1420 of the 1346
Revised Code, who was sentenced pursuant to division (B)(2)(a), 1347
(b), or (c) of section 2971.03 of the Revised Code, and for whom 1348
the requirement that the entire prison term imposed pursuant to 1349
that division be served in a state correctional institution has 1350
been modified pursuant to section 2971.05 of the Revised Code, 1351
escape is one of the following: 1352

       (a) A felony of the second degree, when the most serious 1353
offense for which the person was under detention or ~~adjudicated a~~ 1354
~~sexually violent predator~~for which the person had been sentenced 1355
to the prison term under division (A)(3), (B)(1)(a), (b), or (c), 1356
or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code 1357
is aggravated murder, murder, or a felony of the first or second 1358
degree or, if the person was under detention as an alleged or 1359
adjudicated delinquent child, when the most serious act for which 1360
the person was under detention would be aggravated murder, murder, 1361
or a felony of the first or second degree if committed by an 1362
adult; 1363

       (b) A felony of the third degree, when the most serious 1364
offense for which the person was under detention or ~~adjudicated a~~ 1365
~~sexually violent predator~~for which the person had been sentenced 1366
to the prison term under division (A)(3), (B)(1)(a),(b), or (c), 1367
or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code 1368
is a felony of the third, fourth, or fifth degree or an 1369
unclassified felony or, if the person was under detention as an 1370
alleged or adjudicated delinquent child, when the most serious act 1371
for which the person was under detention would be a felony of the 1372
third, fourth, or fifth degree or an unclassified felony if 1373
committed by an adult; 1374

       (c) A felony of the fifth degree, when any of the following 1375
applies: 1376

       (i) The most serious offense for which the person was under 1377
detention is a misdemeanor. 1378

       (ii) The person was found not guilty by reason of insanity, 1379
and the person's detention consisted of hospitalization, 1380
institutionalization, or confinement in a facility under an order 1381
made pursuant to or under authority of section 2945.40, 2945.401, 1382
or 2945.402 of the Revised Code. 1383

       (d) A misdemeanor of the first degree, when the most serious 1384
offense for which the person was under detention is a misdemeanor 1385
and when the person fails to return to detention at a specified 1386
time following temporary leave granted for a specific purpose or 1387
limited period or at the time required when serving a sentence in 1388
intermittent confinement. 1389

       (D) As used in this section: 1390

       (1) "Adjudicated a sexually violent predator" has the same 1391
meaning as in section 2929.01 of the Revised Code, and a person is 1392
"adjudicated a sexually violent predator" in the same manner and 1393
the same circumstances as are described in that section. 1394

       (2) "Sexually violent offense" has the same meaning as in 1395
section 2971.01 of the Revised Code. 1396

       Sec. 2923.02. (A) No person, purposely or knowingly, and 1397
when purpose or knowledge is sufficient culpability for the 1398
commission of an offense, shall engage in conduct that, if 1399
successful, would constitute or result in the offense. 1400

       (B) It is no defense to a charge under this section that, in 1401
retrospect, commission of the offense that was the object of the 1402
attempt was either factually or legally impossible under the 1403
attendant circumstances, if that offense could have been committed 1404
had the attendant circumstances been as the actor believed them to 1405
be. 1406

       (C) No person who is convicted of committing a specific 1407
offense, of complicity in the commission of an offense, or of 1408
conspiracy to commit an offense shall be convicted of an attempt 1409
to commit the same offense in violation of this section. 1410

       (D) It is an affirmative defense to a charge under this 1411
section that the actor abandoned the actor's effort to commit the 1412
offense or otherwise prevented its commission, under circumstances 1413
manifesting a complete and voluntary renunciation of the actor's 1414
criminal purpose. 1415

       (E)(1) Whoever violates this section is guilty of an attempt 1416
to commit an offense. An attempt to commit aggravated murder, 1417
murder, or an offense for which the maximum penalty is 1418
imprisonment for life is a felony of the first degree. An attempt 1419
to commit a drug abuse offense for which the penalty is determined 1420
by the amount or number of unit doses of the controlled substance 1421
involved in the drug abuse offense is an offense of the same 1422
degree as the drug abuse offense attempted would be if that drug 1423
abuse offense had been committed and had involved an amount or 1424
number of unit doses of the controlled substance that is within 1425
the next lower range of controlled substance amounts than was 1426
involved in the attempt. An attempt to commit any other offense is 1427
an offense of the next lesser degree than the offense attempted. 1428
In the case of an attempt to commit an offense other than a 1429
violation of Chapter 3734. of the Revised Code that is not 1430
specifically classified, an attempt is a misdemeanor of the first 1431
degree if the offense attempted is a felony, and a misdemeanor of 1432
the fourth degree if the offense attempted is a misdemeanor. In 1433
the case of an attempt to commit a violation of any provision of 1434
Chapter 3734. of the Revised Code, other than section 3734.18 of 1435
the Revised Code, that relates to hazardous wastes, an attempt is 1436
a felony punishable by a fine of not more than twenty-five 1437
thousand dollars or imprisonment for not more than eighteen 1438
months, or both. An attempt to commit a minor misdemeanor, or to 1439
engage in conspiracy, is not an offense under this section. 1440

       (2) If a person is convicted of or pleads guilty to attempted 1441
rape and also is convicted of or pleads guilty to a specification 1442
of the type described in section 2941.1418, 2941.1419, or 1443
2941.1420 of the Revised Code, the offender shall be sentenced to 1444
a prison term or term of life imprisonment pursuant to section 1445
2971.03 of the Revised Code. 1446

       (F) As used in this section, "drug abuse offense" has the 1447
same meaning as in section 2925.01 of the Revised Code. 1448

       Sec. 2929.01. As used in this chapter: 1449

       (A)(1) "Alternative residential facility" means, subject to 1450
division (A)(2) of this section, any facility other than an 1451
offender's home or residence in which an offender is assigned to 1452
live and that satisfies all of the following criteria: 1453

       (a) It provides programs through which the offender may seek 1454
or maintain employment or may receive education, training, 1455
treatment, or habilitation. 1456

       (b) It has received the appropriate license or certificate 1457
for any specialized education, training, treatment, habilitation, 1458
or other service that it provides from the government agency that 1459
is responsible for licensing or certifying that type of education, 1460
training, treatment, habilitation, or service. 1461

       (2) "Alternative residential facility" does not include a 1462
community-based correctional facility, jail, halfway house, or 1463
prison. 1464

       (B) "Bad time" means the time by which the parole board 1465
administratively extends an offender's stated prison term or terms 1466
pursuant to section 2967.11 of the Revised Code because the parole 1467
board finds by clear and convincing evidence that the offender, 1468
while serving the prison term or terms, committed an act that is a 1469
criminal offense under the law of this state or the United States, 1470
whether or not the offender is prosecuted for the commission of 1471
that act. 1472

       (C) "Basic probation supervision" means a requirement that 1473
the offender maintain contact with a person appointed to supervise 1474
the offender in accordance with sanctions imposed by the court or 1475
imposed by the parole board pursuant to section 2967.28 of the 1476
Revised Code. "Basic probation supervision" includes basic parole 1477
supervision and basic post-release control supervision. 1478

       (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and 1479
"unit dose" have the same meanings as in section 2925.01 of the 1480
Revised Code. 1481

       (E) "Community-based correctional facility" means a 1482
community-based correctional facility and program or district 1483
community-based correctional facility and program developed 1484
pursuant to sections 2301.51 to 2301.58 of the Revised Code. 1485

       (F) "Community control sanction" means a sanction that is not 1486
a prison term and that is described in section 2929.15, 2929.16, 1487
2929.17, or 2929.18 of the Revised Code or a sanction that is not 1488
a jail term and that is described in section 2929.26, 2929.27, or 1489
2929.28 of the Revised Code. "Community control sanction" 1490
includes probation if the sentence involved was imposed for a 1491
felony that was committed prior to July 1, 1996, or if the 1492
sentence involved was imposed for a misdemeanor that was committed 1493
prior to January 1, 2004. 1494

       (G) "Controlled substance," "marihuana," "schedule I," and 1495
"schedule II" have the same meanings as in section 3719.01 of the 1496
Revised Code. 1497

       (H) "Curfew" means a requirement that an offender during a 1498
specified period of time be at a designated place. 1499

       (I) "Day reporting" means a sanction pursuant to which an 1500
offender is required each day to report to and leave a center or 1501
other approved reporting location at specified times in order to 1502
participate in work, education or training, treatment, and other 1503
approved programs at the center or outside the center. 1504

       (J) "Deadly weapon" has the same meaning as in section 1505
2923.11 of the Revised Code. 1506

       (K) "Drug and alcohol use monitoring" means a program under 1507
which an offender agrees to submit to random chemical analysis of 1508
the offender's blood, breath, or urine to determine whether the 1509
offender has ingested any alcohol or other drugs. 1510

       (L) "Drug treatment program" means any program under which a 1511
person undergoes assessment and treatment designed to reduce or 1512
completely eliminate the person's physical or emotional reliance 1513
upon alcohol, another drug, or alcohol and another drug and under 1514
which the person may be required to receive assessment and 1515
treatment on an outpatient basis or may be required to reside at a 1516
facility other than the person's home or residence while 1517
undergoing assessment and treatment. 1518

       (M) "Economic loss" means any economic detriment suffered by 1519
a victim as a direct and proximate result of the commission of an 1520
offense and includes any loss of income due to lost time at work 1521
because of any injury caused to the victim, and any property loss, 1522
medical cost, or funeral expense incurred as a result of the 1523
commission of the offense. "Economic loss" does not include 1524
non-economic loss or any punitive or exemplary damages. 1525

       (N) "Education or training" includes study at, or in 1526
conjunction with a program offered by, a university, college, or 1527
technical college or vocational study and also includes the 1528
completion of primary school, secondary school, and literacy 1529
curricula or their equivalent. 1530

        (O) "Firearm" has the same meaning as in section 2923.11 of 1531
the Revised Code. 1532

       (P) "Halfway house" means a facility licensed by the division 1533
of parole and community services of the department of 1534
rehabilitation and correction pursuant to section 2967.14 of the 1535
Revised Code as a suitable facility for the care and treatment of 1536
adult offenders. 1537

       (Q) "House arrest" means a period of confinement of an 1538
offender that is in the offender's home or in other premises 1539
specified by the sentencing court or by the parole board pursuant 1540
to section 2967.28 of the Revised Code and during which all of the 1541
following apply: 1542

       (1) The offender is required to remain in the offender's home 1543
or other specified premises for the specified period of 1544
confinement, except for periods of time during which the offender 1545
is at the offender's place of employment or at other premises as 1546
authorized by the sentencing court or by the parole board. 1547

       (2) The offender is required to report periodically to a 1548
person designated by the court or parole board. 1549

       (3) The offender is subject to any other restrictions and 1550
requirements that may be imposed by the sentencing court or by the 1551
parole board. 1552

       (R) "Intensive probation supervision" means a requirement 1553
that an offender maintain frequent contact with a person appointed 1554
by the court, or by the parole board pursuant to section 2967.28 1555
of the Revised Code, to supervise the offender while the offender 1556
is seeking or maintaining necessary employment and participating 1557
in training, education, and treatment programs as required in the 1558
court's or parole board's order. "Intensive probation supervision" 1559
includes intensive parole supervision and intensive post-release 1560
control supervision. 1561

       (S) "Jail" means a jail, workhouse, minimum security jail, or 1562
other residential facility used for the confinement of alleged or 1563
convicted offenders that is operated by a political subdivision or 1564
a combination of political subdivisions of this state. 1565

       (T) "Jail term" means the term in a jail that a sentencing 1566
court imposes or is authorized to impose pursuant to section 1567
2929.24 or 2929.25 of the Revised Code or pursuant to any other 1568
provision of the Revised Code that authorizes a term in a jail for 1569
a misdemeanor conviction. 1570

       (U) "Mandatory jail term" means the term in a jail that a 1571
sentencing court is required to impose pursuant to division (G) of 1572
section 1547.99 of the Revised Code, division (E) of section 1573
2903.06 or division (D) of section 2903.08 of the Revised Code, 1574
division (E) of section 2929.24 of the Revised Code, division (B) 1575
of section 4510.14 of the Revised Code, or division (G) of section 1576
4511.19 of the Revised Code or pursuant to any other provision of 1577
the Revised Code that requires a term in a jail for a misdemeanor 1578
conviction. 1579

       (V) "Delinquent child" has the same meaning as in section 1580
2152.02 of the Revised Code. 1581

       (W) "License violation report" means a report that is made by 1582
a sentencing court, or by the parole board pursuant to section 1583
2967.28 of the Revised Code, to the regulatory or licensing board 1584
or agency that issued an offender a professional license or a 1585
license or permit to do business in this state and that specifies 1586
that the offender has been convicted of or pleaded guilty to an 1587
offense that may violate the conditions under which the offender's 1588
professional license or license or permit to do business in this 1589
state was granted or an offense for which the offender's 1590
professional license or license or permit to do business in this 1591
state may be revoked or suspended. 1592

       (X) "Major drug offender" means an offender who is convicted 1593
of or pleads guilty to the possession of, sale of, or offer to 1594
sell any drug, compound, mixture, preparation, or substance that 1595
consists of or contains at least one thousand grams of hashish; at 1596
least one hundred grams of crack cocaine; at least one thousand 1597
grams of cocaine that is not crack cocaine; at least two thousand 1598
five hundred unit doses or two hundred fifty grams of heroin; at 1599
least five thousand unit doses of L.S.D. or five hundred grams of 1600
L.S.D. in a liquid concentrate, liquid extract, or liquid 1601
distillate form; or at least one hundred times the amount of any 1602
other schedule I or II controlled substance other than marihuana 1603
that is necessary to commit a felony of the third degree pursuant 1604
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised 1605
Code that is based on the possession of, sale of, or offer to sell 1606
the controlled substance. 1607

       (Y) "Mandatory prison term" means any of the following: 1608

       (1) Subject to division (Y)(2) of this section, the term in 1609
prison that must be imposed for the offenses or circumstances set 1610
forth in divisions (F)(1) to (8) or (F)(12) to (14) of section 1611
2929.13 and division (D) of section 2929.14 of the Revised Code. 1612
Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, 1613
and 2925.11 of the Revised Code, unless the maximum or another 1614
specific term is required under section 2929.14 of the Revised 1615
Code, a mandatory prison term described in this division may be 1616
any prison term authorized for the level of offense. 1617

       (2) The term of sixty or one hundred twenty days in prison 1618
that a sentencing court is required to impose for a third or 1619
fourth degree felony OVI offense pursuant to division (G)(2) of 1620
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 1621
of the Revised Code or the term of one, two, three, four, or five 1622
years in prison that a sentencing court is required to impose 1623
pursuant to division (G)(2) of section 2929.13 of the Revised 1624
Code. 1625

       (3) The term in prison imposed pursuant to division (A) of 1626
section 2971.03 of the Revised Code for the offenses and in the 1627
circumstances described in division (F)(11) of section 2929.13 of 1628
the Revised Code, pursuant to division (B)(1)(a), (b), or (c) of 1629
section 2971.03 of the Revised Code for the offense of rape 1630
committed on or after the effective date of this amendment in 1631
violation of division (A)(1)(b) of section 2907.02 of the Revised 1632
Code, pursuant to division (B)(2)(a) of section 2971.03 of the 1633
Revised Code for the offense of attempted rape committed on or 1634
after the effective date of this amendment and a specification of 1635
the type described in section 2941.1418 of the Revised Code, 1636
pursuant to division (B)(2)(b) of section 2971.03 of the Revised 1637
Code for the offense of attempted rape committed on or after the 1638
effective date of this amendment and a specification of the type 1639
described in section 2941.1419 of the Revised Code, or pursuant to 1640
division (B)(2)(c) of section 2971.03 of the Revised Code for the 1641
offense of attempted rape committed on or after the effective date 1642
of this amendment and a specification of the type described in 1643
section 2941.1420 of the Revised Code and that term as modified or 1644
terminated pursuant to section 2971.05 of the Revised Code. 1645

       (Z) "Monitored time" means a period of time during which an 1646
offender continues to be under the control of the sentencing court 1647
or parole board, subject to no conditions other than leading a 1648
law-abiding life. 1649

       (AA) "Offender" means a person who, in this state, is 1650
convicted of or pleads guilty to a felony or a misdemeanor. 1651

       (BB) "Prison" means a residential facility used for the 1652
confinement of convicted felony offenders that is under the 1653
control of the department of rehabilitation and correction but 1654
does not include a violation sanction center operated under 1655
authority of section 2967.141 of the Revised Code. 1656

       (CC) "Prison term" includes any of the following sanctions 1657
for an offender: 1658

       (1) A stated prison term; 1659

       (2) A term in a prison shortened by, or with the approval of, 1660
the sentencing court pursuant to section 2929.20, 2967.26, 1661
5120.031, 5120.032, or 5120.073 of the Revised Code; 1662

       (3) A term in prison extended by bad time imposed pursuant to 1663
section 2967.11 of the Revised Code or imposed for a violation of 1664
post-release control pursuant to section 2967.28 of the Revised 1665
Code. 1666

       (DD) "Repeat violent offender" means a person about whom both 1667
of the following apply: 1668

       (1) The person is being sentenced for committing or for 1669
complicity in committing any of the following: 1670

       (a) Aggravated murder, murder, any felony of the first or 1671
second degree that is an offense of violence, or an attempt to 1672
commit any of these offenses if the attempt is a felony of the 1673
first or second degree; 1674

       (b) An offense under an existing or former law of this state, 1675
another state, or the United States that is or was substantially 1676
equivalent to an offense described in division (DD)(1)(a) of this 1677
section. 1678

       (2) The person previously was convicted of or pleaded guilty 1679
to an offense described in division (DD)(1)(a) or (b) of this 1680
section. 1681

       (EE) "Sanction" means any penalty imposed upon an offender 1682
who is convicted of or pleads guilty to an offense, as punishment 1683
for the offense. "Sanction" includes any sanction imposed pursuant 1684
to any provision of sections 2929.14 to 2929.18 or 2929.24 to 1685
2929.28 of the Revised Code. 1686

       (FF) "Sentence" means the sanction or combination of 1687
sanctions imposed by the sentencing court on an offender who is 1688
convicted of or pleads guilty to an offense. 1689

       (GG) "Stated prison term" means the prison term, mandatory 1690
prison term, or combination of all prison terms and mandatory 1691
prison terms imposed by the sentencing court pursuant to section 1692
2929.14 or 2971.03 of the Revised Code. "Stated prison term" 1693
includes any credit received by the offender for time spent in 1694
jail awaiting trial, sentencing, or transfer to prison for the 1695
offense and any time spent under house arrest or house arrest with 1696
electronic monitoring imposed after earning credits pursuant to 1697
section 2967.193 of the Revised Code. 1698

       (HH) "Victim-offender mediation" means a reconciliation or 1699
mediation program that involves an offender and the victim of the 1700
offense committed by the offender and that includes a meeting in 1701
which the offender and the victim may discuss the offense, discuss 1702
restitution, and consider other sanctions for the offense. 1703

       (II) "Fourth degree felony OVI offense" means a violation of 1704
division (A) of section 4511.19 of the Revised Code that, under 1705
division (G) of that section, is a felony of the fourth degree. 1706

       (JJ) "Mandatory term of local incarceration" means the term 1707
of sixty or one hundred twenty days in a jail, a community-based 1708
correctional facility, a halfway house, or an alternative 1709
residential facility that a sentencing court may impose upon a 1710
person who is convicted of or pleads guilty to a fourth degree 1711
felony OVI offense pursuant to division (G)(1) of section 2929.13 1712
of the Revised Code and division (G)(1)(d) or (e) of section 1713
4511.19 of the Revised Code. 1714

       (KK) "Designated homicide, assault, or kidnapping offense," 1715
"violent sex offense," "sexual motivation specification," 1716
"sexually violent offense," "sexually violent predator," and 1717
"sexually violent predator specification" have the same meanings 1718
as in section 2971.01 of the Revised Code. 1719

       (LL) "Habitual sex offender," "sexually oriented offense," 1720
"sexual predator," "registration-exempt sexually oriented 1721
offense," "child-victim oriented offense," "habitual child-victim 1722
offender," and "child-victim predator" have the same meanings as 1723
in section 2950.01 of the Revised Code. 1724

       (MM) An offense is "committed in the vicinity of a child" if 1725
the offender commits the offense within thirty feet of or within 1726
the same residential unit as a child who is under eighteen years 1727
of age, regardless of whether the offender knows the age of the 1728
child or whether the offender knows the offense is being committed 1729
within thirty feet of or within the same residential unit as the 1730
child and regardless of whether the child actually views the 1731
commission of the offense. 1732

       (NN) "Family or household member" has the same meaning as in 1733
section 2919.25 of the Revised Code. 1734

       (OO) "Motor vehicle" and "manufactured home" have the same 1735
meanings as in section 4501.01 of the Revised Code. 1736

       (PP) "Detention" and "detention facility" have the same 1737
meanings as in section 2921.01 of the Revised Code. 1738

       (QQ) "Third degree felony OVI offense" means a violation of 1739
division (A) of section 4511.19 of the Revised Code that, under 1740
division (G) of that section, is a felony of the third degree. 1741

       (RR) "Random drug testing" has the same meaning as in section 1742
5120.63 of the Revised Code. 1743

       (SS) "Felony sex offense" has the same meaning as in section 1744
2967.28 of the Revised Code. 1745

       (TT) "Body armor" has the same meaning as in section 1746
2941.1411 of the Revised Code. 1747

       (UU) "Electronic monitoring" means monitoring through the use 1748
of an electronic monitoring device. 1749

        (VV) "Electronic monitoring device" means any of the 1750
following: 1751

        (1) Any device that can be operated by electrical or battery 1752
power and that conforms with all of the following: 1753

        (a) The device has a transmitter that can be attached to a 1754
person, that will transmit a specified signal to a receiver of the 1755
type described in division (VV)(1)(b) of this section if the 1756
transmitter is removed from the person, turned off, or altered in 1757
any manner without prior court approval in relation to electronic 1758
monitoring or without prior approval of the department of 1759
rehabilitation and correction in relation to the use of an 1760
electronic monitoring device for an inmate on transitional control 1761
or otherwise is tampered with, that can transmit continuously and 1762
periodically a signal to that receiver when the person is within a 1763
specified distance from the receiver, and that can transmit an 1764
appropriate signal to that receiver if the person to whom it is 1765
attached travels a specified distance from that receiver. 1766

        (b) The device has a receiver that can receive continuously 1767
the signals transmitted by a transmitter of the type described in 1768
division (VV)(1)(a) of this section, can transmit continuously 1769
those signals by telephone to a central monitoring computer of the 1770
type described in division (VV)(1)(c) of this section, and can 1771
transmit continuously an appropriate signal to that central 1772
monitoring computer if the receiver is turned off or altered 1773
without prior court approval or otherwise tampered with. 1774

        (c) The device has a central monitoring computer that can 1775
receive continuously the signals transmitted by telephone by a 1776
receiver of the type described in division (VV)(1)(b) of this 1777
section and can monitor continuously the person to whom an 1778
electronic monitoring device of the type described in division 1779
(VV)(1)(a) of this section is attached. 1780

        (2) Any device that is not a device of the type described in 1781
division (VV)(1) of this section and that conforms with all of the 1782
following: 1783

       (a) The device includes a transmitter and receiver that can 1784
monitor and determine the location of a subject person at any 1785
time, or at a designated point in time, through the use of a 1786
central monitoring computer or through other electronic means. 1787

        (b) The device includes a transmitter and receiver that can 1788
determine at any time, or at a designated point in time, through 1789
the use of a central monitoring computer or other electronic means 1790
the fact that the transmitter is turned off or altered in any 1791
manner without prior approval of the court in relation to the 1792
electronic monitoring or without prior approval of the department 1793
of rehabilitation and correction in relation to the use of an 1794
electronic monitoring device for an inmate on transitional control 1795
or otherwise is tampered with. 1796

        (3) Any type of technology that can adequately track or 1797
determine the location of a subject person at any time and that is 1798
approved by the director of rehabilitation and correction, 1799
including, but not limited to, any satellite technology, voice 1800
tracking system, or retinal scanning system that is so approved. 1801

       (WW) "Non-economic loss" means nonpecuniary harm suffered by 1802
a victim of an offense as a result of or related to the commission 1803
of the offense, including, but not limited to, pain and suffering; 1804
loss of society, consortium, companionship, care, assistance, 1805
attention, protection, advice, guidance, counsel, instruction, 1806
training, or education; mental anguish; and any other intangible 1807
loss. 1808

       (XX) "Prosecutor" has the same meaning as in section 2935.01 1809
of the Revised Code. 1810

       (YY) "Continuous alcohol monitoring" means the ability to 1811
automatically test and periodically transmit alcohol consumption 1812
levels and tamper attempts at least every hour, regardless of the 1813
location of the person who is being monitored. 1814

       (ZZ) A person is "adjudicated a sexually violent predator" if 1815
the person is convicted of or pleads guilty to a violent sex 1816
offense and also is convicted of or pleads guilty to a sexually 1817
violent predator specification that was included in the 1818
indictment, count in the indictment, or information charging that 1819
violent sex offense or if the person is convicted of or pleads 1820
guilty to a designated homicide, assault, or kidnapping offense 1821
and also is convicted of or pleads guilty to both a sexual 1822
motivation specification and a sexually violent predator 1823
specification that were included in the indictment, count in the 1824
indictment, or information charging that designated homicide, 1825
assault, or kidnapping offense. 1826

       Sec. 2929.13. (A) Except as provided in division (E), (F), 1827
or (G) of this section and unless a specific sanction is required 1828
to be imposed or is precluded from being imposed pursuant to law, 1829
a court that imposes a sentence upon an offender for a felony may 1830
impose any sanction or combination of sanctions on the offender 1831
that are provided in sections 2929.14 to 2929.18 of the Revised 1832
Code. The sentence shall not impose an unnecessary burden on state 1833
or local government resources. 1834

       If the offender is eligible to be sentenced to community 1835
control sanctions, the court shall consider the appropriateness of 1836
imposing a financial sanction pursuant to section 2929.18 of the 1837
Revised Code or a sanction of community service pursuant to 1838
section 2929.17 of the Revised Code as the sole sanction for the 1839
offense. Except as otherwise provided in this division, if the 1840
court is required to impose a mandatory prison term for the 1841
offense for which sentence is being imposed, the court also may 1842
impose a financial sanction pursuant to section 2929.18 of the 1843
Revised Code but may not impose any additional sanction or 1844
combination of sanctions under section 2929.16 or 2929.17 of the 1845
Revised Code. 1846

       If the offender is being sentenced for a fourth degree felony 1847
OVI offense or for a third degree felony OVI offense, in addition 1848
to the mandatory term of local incarceration or the mandatory 1849
prison term required for the offense by division (G)(1) or (2) of 1850
this section, the court shall impose upon the offender a mandatory 1851
fine in accordance with division (B)(3) of section 2929.18 of the 1852
Revised Code and may impose whichever of the following is 1853
applicable: 1854

       (1) For a fourth degree felony OVI offense for which sentence 1855
is imposed under division (G)(1) of this section, an additional 1856
community control sanction or combination of community control 1857
sanctions under section 2929.16 or 2929.17 of the Revised Code. If 1858
the court imposes upon the offender a community control sanction 1859
and the offender violates any condition of the community control 1860
sanction, the court may take any action prescribed in division (B) 1861
of section 2929.15 of the Revised Code relative to the offender, 1862
including imposing a prison term on the offender pursuant to that 1863
division. 1864

       (2) For a third or fourth degree felony OVI offense for which 1865
sentence is imposed under division (G)(2) of this section, an 1866
additional prison term as described in division (D)(4) of section 1867
2929.14 of the Revised Code or a community control sanction as 1868
described in division (G)(2) of this section. 1869

       (B)(1) Except as provided in division (B)(2), (E), (F), or 1870
(G) of this section, in sentencing an offender for a felony of the 1871
fourth or fifth degree, the sentencing court shall determine 1872
whether any of the following apply: 1873

       (a) In committing the offense, the offender caused physical 1874
harm to a person. 1875

       (b) In committing the offense, the offender attempted to 1876
cause or made an actual threat of physical harm to a person with a 1877
deadly weapon. 1878

       (c) In committing the offense, the offender attempted to 1879
cause or made an actual threat of physical harm to a person, and 1880
the offender previously was convicted of an offense that caused 1881
physical harm to a person. 1882

       (d) The offender held a public office or position of trust 1883
and the offense related to that office or position; the offender's 1884
position obliged the offender to prevent the offense or to bring 1885
those committing it to justice; or the offender's professional 1886
reputation or position facilitated the offense or was likely to 1887
influence the future conduct of others. 1888

       (e) The offender committed the offense for hire or as part of 1889
an organized criminal activity. 1890

       (f) The offense is a sex offense that is a fourth or fifth 1891
degree felony violation of section 2907.03, 2907.04, 2907.05, 1892
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the 1893
Revised Code. 1894

       (g) The offender at the time of the offense was serving, or 1895
the offender previously had served, a prison term. 1896

       (h) The offender committed the offense while under a 1897
community control sanction, while on probation, or while released 1898
from custody on a bond or personal recognizance. 1899

       (i) The offender committed the offense while in possession of 1900
a firearm. 1901

       (2)(a) If the court makes a finding described in division 1902
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this 1903
section and if the court, after considering the factors set forth 1904
in section 2929.12 of the Revised Code, finds that a prison term 1905
is consistent with the purposes and principles of sentencing set 1906
forth in section 2929.11 of the Revised Code and finds that the 1907
offender is not amenable to an available community control 1908
sanction, the court shall impose a prison term upon the offender. 1909

       (b) Except as provided in division (E), (F), or (G) of this 1910
section, if the court does not make a finding described in 1911
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of 1912
this section and if the court, after considering the factors set 1913
forth in section 2929.12 of the Revised Code, finds that a 1914
community control sanction or combination of community control 1915
sanctions is consistent with the purposes and principles of 1916
sentencing set forth in section 2929.11 of the Revised Code, the 1917
court shall impose a community control sanction or combination of 1918
community control sanctions upon the offender. 1919

       (C) Except as provided in division (D), (E), (F), or (G) of 1920
this section, in determining whether to impose a prison term as a 1921
sanction for a felony of the third degree or a felony drug offense 1922
that is a violation of a provision of Chapter 2925. of the Revised 1923
Code and that is specified as being subject to this division for 1924
purposes of sentencing, the sentencing court shall comply with the 1925
purposes and principles of sentencing under section 2929.11 of the 1926
Revised Code and with section 2929.12 of the Revised Code. 1927

       (D)(1) Except as provided in division (E) or (F) of this 1928
section, for a felony of the first or second degree, for a felony 1929
drug offense that is a violation of any provision of Chapter 1930
2925., 3719., or 4729. of the Revised Code for which a presumption 1931
in favor of a prison term is specified as being applicable, and 1932
for a violation of division (A)(4) of section 2907.05 of the 1933
Revised Code for which a presumption in favor of a prison term is 1934
specified as being applicable, it is presumed that a prison term 1935
is necessary in order to comply with the purposes and principles 1936
of sentencing under section 2929.11 of the Revised Code. Division 1937
(D)(2) of this section does not apply to a presumption established 1938
under this division for a violation of division (A)(4) of section 1939
2907.05 of the Revised Code. 1940

       (2) Notwithstanding the presumption established under 1941
division (D)(1) of this section for the offenses listed in that 1942
division other than a violation of division (A)(4) of section 1943
2907.05 of the Revised Code, the sentencing court may impose a 1944
community control sanction or a combination of community control 1945
sanctions instead of a prison term on an offender for a felony of 1946
the first or second degree or for a felony drug offense that is a 1947
violation of any provision of Chapter 2925., 3719., or 4729. of 1948
the Revised Code for which a presumption in favor of a prison term 1949
is specified as being applicable if it makes both of the following 1950
findings: 1951

       (a) A community control sanction or a combination of 1952
community control sanctions would adequately punish the offender 1953
and protect the public from future crime, because the applicable 1954
factors under section 2929.12 of the Revised Code indicating a 1955
lesser likelihood of recidivism outweigh the applicable factors 1956
under that section indicating a greater likelihood of recidivism. 1957

       (b) A community control sanction or a combination of 1958
community control sanctions would not demean the seriousness of 1959
the offense, because one or more factors under section 2929.12 of 1960
the Revised Code that indicate that the offender's conduct was 1961
less serious than conduct normally constituting the offense are 1962
applicable, and they outweigh the applicable factors under that 1963
section that indicate that the offender's conduct was more serious 1964
than conduct normally constituting the offense. 1965

       (E)(1) Except as provided in division (F) of this section, 1966
for any drug offense that is a violation of any provision of 1967
Chapter 2925. of the Revised Code and that is a felony of the 1968
third, fourth, or fifth degree, the applicability of a presumption 1969
under division (D) of this section in favor of a prison term or of 1970
division (B) or (C) of this section in determining whether to 1971
impose a prison term for the offense shall be determined as 1972
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 1973
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the 1974
Revised Code, whichever is applicable regarding the violation. 1975

       (2) If an offender who was convicted of or pleaded guilty to 1976
a felony violates the conditions of a community control sanction 1977
imposed for the offense solely by reason of producing positive 1978
results on a drug test, the court, as punishment for the violation 1979
of the sanction, shall not order that the offender be imprisoned 1980
unless the court determines on the record either of the following: 1981

       (a) The offender had been ordered as a sanction for the 1982
felony to participate in a drug treatment program, in a drug 1983
education program, or in narcotics anonymous or a similar program, 1984
and the offender continued to use illegal drugs after a reasonable 1985
period of participation in the program. 1986

       (b) The imprisonment of the offender for the violation is 1987
consistent with the purposes and principles of sentencing set 1988
forth in section 2929.11 of the Revised Code. 1989

       (F) Notwithstanding divisions (A) to (E) of this section, the 1990
court shall impose a prison term or terms under sections 2929.02 1991
to 2929.06, section 2929.14, or section 2971.03 of the Revised 1992
Code and except as specifically provided in section 2929.20 or 1993
2967.191 of the Revised Code or when parole is authorized for the 1994
offense under section 2967.13 of the Revised Code shall not reduce 1995
the terms pursuant to section 2929.20, section 2967.193, or any 1996
other provision of Chapter 2967. or Chapter 5120. of the Revised 1997
Code for any of the following offenses: 1998

       (1) Aggravated murder when death is not imposed or murder; 1999

       (2) Any rape, regardless of whether force was involved and 2000
regardless of the age of the victim, or an attempt to commit rape 2001
if, had the offender completed the rape that was attempted, the 2002
offender would have been ~~subject to a sentence of life~~ 2003
~~imprisonment or life imprisonment without parole for the rape~~ 2004
guilty of a violation of division (A)(1)(b) of section 2907.02 of 2005
the Revised Code; 2006

       (3) Gross sexual imposition or sexual battery, if the victim 2007
is under thirteen years of age and if any of the following 2008
applies: 2009

       (a) Regarding gross sexual imposition, the offender 2010
previously was convicted of or pleaded guilty to rape, the former 2011
offense of felonious sexual penetration, gross sexual imposition, 2012
or sexual battery, and the victim of the previous offense was 2013
under thirteen years of age; 2014

       (b) Regarding gross sexual imposition, the offense was 2015
committed on or after ~~the effective date of this amendment~~August 2016
3, 2006, and evidence other than the testimony of the victim was 2017
admitted in the case corroborating the violation. 2018

       (c) Regarding sexual battery, either of the following 2019
applies: 2020

       (i) The offense was committed prior to ~~the effective date of~~ 2021
~~this amendment~~August 3, 2006, the offender previously was 2022
convicted of or pleaded guilty to rape, the former offense of 2023
felonious sexual penetration, or sexual battery, and the victim of 2024
the previous offense was under thirteen years of age. 2025

       (ii) The offense was committed on or after ~~the effective date~~ 2026
~~of this amendment~~August 3, 2006. 2027

       (4) A felony violation of section 2903.04, 2903.06, 2903.08, 2028
2903.11, 2903.12, or 2903.13 of the Revised Code if the section 2029
requires the imposition of a prison term; 2030

       (5) A first, second, or third degree felony drug offense for 2031
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2032
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 2033
4729.99 of the Revised Code, whichever is applicable regarding the 2034
violation, requires the imposition of a mandatory prison term; 2035

       (6) Any offense that is a first or second degree felony and 2036
that is not set forth in division (F)(1), (2), (3), or (4) of this 2037
section, if the offender previously was convicted of or pleaded 2038
guilty to aggravated murder, murder, any first or second degree 2039
felony, or an offense under an existing or former law of this 2040
state, another state, or the United States that is or was 2041
substantially equivalent to one of those offenses; 2042

       (7) Any offense that is a third degree felony and either is 2043
a violation of section 2903.04 of the Revised Code or an attempt 2044
to commit a felony of the second degree that is an offense of 2045
violence and involved an attempt to cause serious physical harm to 2046
a person or that resulted in serious physical harm to a person if 2047
the offender previously was convicted of or pleaded guilty to any 2048
of the following offenses: 2049

       (a) Aggravated murder, murder, involuntary manslaughter, 2050
rape, felonious sexual penetration as it existed under section 2051
2907.12 of the Revised Code prior to September 3, 1996, a felony 2052
of the first or second degree that resulted in the death of a 2053
person or in physical harm to a person, or complicity in or an 2054
attempt to commit any of those offenses; 2055

       (b) An offense under an existing or former law of this state, 2056
another state, or the United States that is or was substantially 2057
equivalent to an offense listed in division (F)(7)(a) of this 2058
section that resulted in the death of a person or in physical harm 2059
to a person. 2060

       (8) Any offense, other than a violation of section 2923.12 of 2061
the Revised Code, that is a felony, if the offender had a firearm 2062
on or about the offender's person or under the offender's control 2063
while committing the felony, with respect to a portion of the 2064
sentence imposed pursuant to division (D)(1)(a) of section 2929.14 2065
of the Revised Code for having the firearm; 2066

       (9) Any offense of violence that is a felony, if the offender 2067
wore or carried body armor while committing the felony offense of 2068
violence, with respect to the portion of the sentence imposed 2069
pursuant to division (D)(1)(d) of section 2929.14 of the Revised 2070
Code for wearing or carrying the body armor; 2071

       (10) Corrupt activity in violation of section 2923.32 of the 2072
Revised Code when the most serious offense in the pattern of 2073
corrupt activity that is the basis of the offense is a felony of 2074
the first degree; 2075

       (11) Any violent sex offense or designated homicide, assault, 2076
or kidnapping offense if, in relation to that offense, the 2077
offender is adjudicated a sexually violent predator; 2078

       (12) A violation of division (A)(1) or (2) of section 2921.36 2079
of the Revised Code, or a violation of division (C) of that 2080
section involving an item listed in division (A)(1) or (2) of that 2081
section, if the offender is an officer or employee of the 2082
department of rehabilitation and correction; 2083

        (13) A violation of division (A)(1) or (2) of section 2903.06 2084
of the Revised Code if the victim of the offense is a peace 2085
officer, as defined in section 2935.01 of the Revised Code, with 2086
respect to the portion of the sentence imposed pursuant to 2087
division (D)(5) of section 2929.14 of the Revised Code; 2088

        (14) A violation of division (A)(1) or (2) of section 2903.06 2089
of the Revised Code if the offender has been convicted of or 2090
pleaded guilty to three or more violations of division (A) or (B) 2091
of section 4511.19 of the Revised Code or an equivalent offense, 2092
as defined in section 2941.1415 of the Revised Code, or three or 2093
more violations of any combination of those divisions and 2094
offenses, with respect to the portion of the sentence imposed 2095
pursuant to division (D)(6) of section 2929.14 of the Revised 2096
Code. 2097

       (G) Notwithstanding divisions (A) to (E) of this section, if 2098
an offender is being sentenced for a fourth degree felony OVI 2099
offense or for a third degree felony OVI offense, the court shall 2100
impose upon the offender a mandatory term of local incarceration 2101
or a mandatory prison term in accordance with the following: 2102

       (1) If the offender is being sentenced for a fourth degree 2103
felony OVI offense and if the offender has not been convicted of 2104
and has not pleaded guilty to a specification of the type 2105
described in section 2941.1413 of the Revised Code, the court may 2106
impose upon the offender a mandatory term of local incarceration 2107
of sixty days or one hundred twenty days as specified in division 2108
(G)(1)(d) of section 4511.19 of the Revised Code. The court shall 2109
not reduce the term pursuant to section 2929.20, 2967.193, or any 2110
other provision of the Revised Code. The court that imposes a 2111
mandatory term of local incarceration under this division shall 2112
specify whether the term is to be served in a jail, a 2113
community-based correctional facility, a halfway house, or an 2114
alternative residential facility, and the offender shall serve the 2115
term in the type of facility specified by the court. A mandatory 2116
term of local incarceration imposed under division (G)(1) of this 2117
section is not subject to extension under section 2967.11 of the 2118
Revised Code, to a period of post-release control under section 2119
2967.28 of the Revised Code, or to any other Revised Code 2120
provision that pertains to a prison term except as provided in 2121
division (A)(1) of this section. 2122

       (2) If the offender is being sentenced for a third degree 2123
felony OVI offense, or if the offender is being sentenced for a 2124
fourth degree felony OVI offense and the court does not impose a 2125
mandatory term of local incarceration under division (G)(1) of 2126
this section, the court shall impose upon the offender a mandatory 2127
prison term of one, two, three, four, or five years if the 2128
offender also is convicted of or also pleads guilty to a 2129
specification of the type described in section 2941.1413 of the 2130
Revised Code or shall impose upon the offender a mandatory prison 2131
term of sixty days or one hundred twenty days as specified in 2132
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code 2133
if the offender has not been convicted of and has not pleaded 2134
guilty to a specification of that type. The court shall not reduce 2135
the term pursuant to section 2929.20, 2967.193, or any other 2136
provision of the Revised Code. The offender shall serve the one-, 2137
two-, three-, four-, or five-year mandatory prison term 2138
consecutively to and prior to the prison term imposed for the 2139
underlying offense and consecutively to any other mandatory prison 2140
term imposed in relation to the offense. In no case shall an 2141
offender who once has been sentenced to a mandatory term of local 2142
incarceration pursuant to division (G)(1) of this section for a 2143
fourth degree felony OVI offense be sentenced to another mandatory 2144
term of local incarceration under that division for any violation 2145
of division (A) of section 4511.19 of the Revised Code. In 2146
addition to the mandatory prison term described in division (G)(2) 2147
of this section, the court may sentence the offender to a 2148
community control sanction under section 2929.16 or 2929.17 of the 2149
Revised Code, but the offender shall serve the prison term prior 2150
to serving the community control sanction. The department of 2151
rehabilitation and correction may place an offender sentenced to a 2152
mandatory prison term under this division in an intensive program 2153
prison established pursuant to section 5120.033 of the Revised 2154
Code if the department gave the sentencing judge prior notice of 2155
its intent to place the offender in an intensive program prison 2156
established under that section and if the judge did not notify the 2157
department that the judge disapproved the placement. Upon the 2158
establishment of the initial intensive program prison pursuant to 2159
section 5120.033 of the Revised Code that is privately operated 2160
and managed by a contractor pursuant to a contract entered into 2161
under section 9.06 of the Revised Code, both of the following 2162
apply: 2163

       (a) The department of rehabilitation and correction shall 2164
make a reasonable effort to ensure that a sufficient number of 2165
offenders sentenced to a mandatory prison term under this division 2166
are placed in the privately operated and managed prison so that 2167
the privately operated and managed prison has full occupancy. 2168

       (b) Unless the privately operated and managed prison has full 2169
occupancy, the department of rehabilitation and correction shall 2170
not place any offender sentenced to a mandatory prison term under 2171
this division in any intensive program prison established pursuant 2172
to section 5120.033 of the Revised Code other than the privately 2173
operated and managed prison. 2174

       (H) If an offender is being sentenced for a sexually oriented 2175
offense committed on or after January 1, 1997, the judge shall 2176
require the offender to submit to a DNA specimen collection 2177
procedure pursuant to section 2901.07 of the Revised Code if 2178
either of the following applies: 2179

       (1) The offense was a violent sex offense or a designated 2180
homicide, assault, or kidnapping offense and, in relation to that 2181
offense, the offender was adjudicated a sexually violent predator. 2182

       (2) The offense was a violation of division (A)(1)(b) of 2183
section 2907.02 of the Revised Code committed on or after the 2184
effective date of this amendment. 2185

       (3) The offense was attempted rape committed on or after the 2186
effective date of this amendment, and the offender also was 2187
convicted of or pleaded guilty to a specification of the type 2188
described in section 2941.1418, 2941.1419, or 2941.1420 of the 2189
Revised Code. 2190

       (4) The judge imposing sentence for the sexually oriented 2191
offense determines pursuant to division (B) of section 2950.09 of 2192
the Revised Code that the offender is a sexual predator. 2193

       (I) If an offender is being sentenced for a sexually oriented 2194
offense that is not a registration-exempt sexually oriented 2195
offense or for a child-victim oriented offense committed on or 2196
after January 1, 1997, the judge shall include in the sentence a 2197
summary of the offender's duties imposed under sections 2950.04, 2198
2950.041, 2950.05, and 2950.06 of the Revised Code and the 2199
duration of the duties. The judge shall inform the offender, at 2200
the time of sentencing, of those duties and of their duration and, 2201
if required under division (A)(2) of section 2950.03 of the 2202
Revised Code, shall perform the duties specified in that section. 2203

       (J)(1) Except as provided in division (J)(2) of this section, 2204
when considering sentencing factors under this section in relation 2205
to an offender who is convicted of or pleads guilty to an attempt 2206
to commit an offense in violation of section 2923.02 of the 2207
Revised Code, the sentencing court shall consider the factors 2208
applicable to the felony category of the violation of section 2209
2923.02 of the Revised Code instead of the factors applicable to 2210
the felony category of the offense attempted. 2211

       (2) When considering sentencing factors under this section in 2212
relation to an offender who is convicted of or pleads guilty to an 2213
attempt to commit a drug abuse offense for which the penalty is 2214
determined by the amount or number of unit doses of the controlled 2215
substance involved in the drug abuse offense, the sentencing court 2216
shall consider the factors applicable to the felony category that 2217
the drug abuse offense attempted would be if that drug abuse 2218
offense had been committed and had involved an amount or number of 2219
unit doses of the controlled substance that is within the next 2220
lower range of controlled substance amounts than was involved in 2221
the attempt. 2222

       (K) As used in this section, "drug abuse offense" has the 2223
same meaning as in section 2925.01 of the Revised Code. 2224

       (L) At the time of sentencing an offender who is a sexual 2225
predator for any sexually oriented offense, if the offender does 2226
not serve a prison term or jail term, the court may require that 2227
the offender be monitored by means of a global positioning device. 2228
If the court requires such monitoring, the cost of monitoring 2229
shall be borne by the offender. If the offender is indigent, the 2230
cost of compliance shall be paid by the crime victims reparations 2231
fund. 2232

       Sec. 2929.14. (A) Except as provided in division (C), 2233
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this 2234
section and except in relation to an offense for which a sentence 2235
of death or life imprisonment is to be imposed, if the court 2236
imposing a sentence upon an offender for a felony elects or is 2237
required to impose a prison term on the offender pursuant to this 2238
chapter, the court shall impose a definite prison term that shall 2239
be one of the following: 2240

       (1) For a felony of the first degree, the prison term shall 2241
be three, four, five, six, seven, eight, nine, or ten years. 2242

       (2) For a felony of the second degree, the prison term shall 2243
be two, three, four, five, six, seven, or eight years. 2244

       (3) For a felony of the third degree, the prison term shall 2245
be one, two, three, four, or five years. 2246

       (4) For a felony of the fourth degree, the prison term shall 2247
be six, seven, eight, nine, ten, eleven, twelve, thirteen, 2248
fourteen, fifteen, sixteen, seventeen, or eighteen months. 2249

       (5) For a felony of the fifth degree, the prison term shall 2250
be six, seven, eight, nine, ten, eleven, or twelve months. 2251

       (B) Except as provided in division (C), (D)(1), (D)(2), 2252
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 2253
or 2907.05 of the Revised Code, or in Chapter 2925. of the Revised 2254
Code, if the court imposing a sentence upon an offender for a 2255
felony elects or is required to impose a prison term on the 2256
offender, the court shall impose the shortest prison term 2257
authorized for the offense pursuant to division (A) of this 2258
section, unless one or more of the following applies: 2259

       (1) The offender was serving a prison term at the time of the 2260
offense, or the offender previously had served a prison term. 2261

       (2) The court finds on the record that the shortest prison 2262
term will demean the seriousness of the offender's conduct or will 2263
not adequately protect the public from future crime by the 2264
offender or others. 2265

       (C) Except as provided in division (G) of this section or in 2266
Chapter 2925. of the Revised Code, the court imposing a sentence 2267
upon an offender for a felony may impose the longest prison term 2268
authorized for the offense pursuant to division (A) of this 2269
section only upon offenders who committed the worst forms of the 2270
offense, upon offenders who pose the greatest likelihood of 2271
committing future crimes, upon certain major drug offenders under 2272
division (D)(3) of this section, and upon certain repeat violent 2273
offenders in accordance with division (D)(2) of this section. 2274

       (D)(1)(a) Except as provided in division (D)(1)(e) of this 2275
section, if an offender who is convicted of or pleads guilty to a 2276
felony also is convicted of or pleads guilty to a specification of 2277
the type described in section 2941.141, 2941.144, or 2941.145 of 2278
the Revised Code, the court shall impose on the offender one of 2279
the following prison terms: 2280

       (i) A prison term of six years if the specification is of the 2281
type described in section 2941.144 of the Revised Code that 2282
charges the offender with having a firearm that is an automatic 2283
firearm or that was equipped with a firearm muffler or silencer on 2284
or about the offender's person or under the offender's control 2285
while committing the felony; 2286

       (ii) A prison term of three years if the specification is of 2287
the type described in section 2941.145 of the Revised Code that 2288
charges the offender with having a firearm on or about the 2289
offender's person or under the offender's control while committing 2290
the offense and displaying the firearm, brandishing the firearm, 2291
indicating that the offender possessed the firearm, or using it to 2292
facilitate the offense; 2293

       (iii) A prison term of one year if the specification is of 2294
the type described in section 2941.141 of the Revised Code that 2295
charges the offender with having a firearm on or about the 2296
offender's person or under the offender's control while committing 2297
the felony. 2298

       (b) If a court imposes a prison term on an offender under 2299
division (D)(1)(a) of this section, the prison term shall not be 2300
reduced pursuant to section 2929.20, section 2967.193, or any 2301
other provision of Chapter 2967. or Chapter 5120. of the Revised 2302
Code. A court shall not impose more than one prison term on an 2303
offender under division (D)(1)(a) of this section for felonies 2304
committed as part of the same act or transaction. 2305

       (c) Except as provided in division (D)(1)(e) of this section, 2306
if an offender who is convicted of or pleads guilty to a violation 2307
of section 2923.161 of the Revised Code or to a felony that 2308
includes, as an essential element, purposely or knowingly causing 2309
or attempting to cause the death of or physical harm to another, 2310
also is convicted of or pleads guilty to a specification of the 2311
type described in section 2941.146 of the Revised Code that 2312
charges the offender with committing the offense by discharging a 2313
firearm from a motor vehicle other than a manufactured home, the 2314
court, after imposing a prison term on the offender for the 2315
violation of section 2923.161 of the Revised Code or for the other 2316
felony offense under division (A), (D)(2), or (D)(3) of this 2317
section, shall impose an additional prison term of five years upon 2318
the offender that shall not be reduced pursuant to section 2319
2929.20, section 2967.193, or any other provision of Chapter 2967. 2320
or Chapter 5120. of the Revised Code. A court shall not impose 2321
more than one additional prison term on an offender under division 2322
(D)(1)(c) of this section for felonies committed as part of the 2323
same act or transaction. If a court imposes an additional prison 2324
term on an offender under division (D)(1)(c) of this section 2325
relative to an offense, the court also shall impose a prison term 2326
under division (D)(1)(a) of this section relative to the same 2327
offense, provided the criteria specified in that division for 2328
imposing an additional prison term are satisfied relative to the 2329
offender and the offense. 2330

       (d) If an offender who is convicted of or pleads guilty to 2331
an offense of violence that is a felony also is convicted of or 2332
pleads guilty to a specification of the type described in section 2333
2941.1411 of the Revised Code that charges the offender with 2334
wearing or carrying body armor while committing the felony offense 2335
of violence, the court shall impose on the offender a prison term 2336
of two years. The prison term so imposed shall not be reduced 2337
pursuant to section 2929.20, section 2967.193, or any other 2338
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A 2339
court shall not impose more than one prison term on an offender 2340
under division (D)(1)(d) of this section for felonies committed as 2341
part of the same act or transaction. If a court imposes an 2342
additional prison term under division (D)(1)(a) or (c) of this 2343
section, the court is not precluded from imposing an additional 2344
prison term under division (D)(1)(d) of this section. 2345

       (e) The court shall not impose any of the prison terms 2346
described in division (D)(1)(a) of this section or any of the 2347
additional prison terms described in division (D)(1)(c) of this 2348
section upon an offender for a violation of section 2923.12 or 2349
2923.123 of the Revised Code. The court shall not impose any of 2350
the prison terms described in division (D)(1)(a) of this section 2351
or any of the additional prison terms described in division 2352
(D)(1)(c) of this section upon an offender for a violation of 2353
section 2923.13 of the Revised Code unless all of the following 2354
apply: 2355

       (i) The offender previously has been convicted of aggravated 2356
murder, murder, or any felony of the first or second degree. 2357

       (ii) Less than five years have passed since the offender was 2358
released from prison or post-release control, whichever is later, 2359
for the prior offense. 2360

        (f) If an offender is convicted of or pleads guilty to a 2361
felony that includes, as an essential element, causing or 2362
attempting to cause the death of or physical harm to another and 2363
also is convicted of or pleads guilty to a specification of the 2364
type described in section 2941.1412 of the Revised Code that 2365
charges the offender with committing the offense by discharging a 2366
firearm at a peace officer as defined in section 2935.01 of the 2367
Revised Code or a corrections officer as defined in section 2368
2941.1412 of the Revised Code, the court, after imposing a prison 2369
term on the offender for the felony offense under division (A), 2370
(D)(2), or (D)(3) of this section, shall impose an additional 2371
prison term of seven years upon the offender that shall not be 2372
reduced pursuant to section 2929.20, section 2967.193, or any 2373
other provision of Chapter 2967. or Chapter 5120. of the Revised 2374
Code. A court shall not impose more than one additional prison 2375
term on an offender under division (D)(1)(f) of this section for 2376
felonies committed as part of the same act or transaction. If a 2377
court imposes an additional prison term on an offender under 2378
division (D)(1)(f) of this section relative to an offense, the 2379
court shall not impose a prison term under division (D)(1)(a) or 2380
(c) of this section relative to the same offense. 2381

       (2)(a) If division (D)(2)(b) of this section does not apply, 2382
the court may impose on an offender, in addition to the longest 2383
prison term authorized or required for the offense, an additional 2384
definite prison term of one, two, three, four, five, six, seven, 2385
eight, nine, or ten years if all of the following criteria are 2386
met: 2387

       (i) The offender is convicted of or pleads guilty to a 2388
specification of the type described in section 2941.149 of the 2389
Revised Code that the offender is a repeat violent offender. 2390

       (ii) The offense of which the offender currently is convicted 2391
or to which the offender currently pleads guilty is aggravated 2392
murder and the court does not impose a sentence of death or life 2393
imprisonment without parole, murder, terrorism and the court does 2394
not impose a sentence of life imprisonment without parole, any 2395
felony of the first degree that is an offense of violence and the 2396
court does not impose a sentence of life imprisonment without 2397
parole, or any felony of the second degree that is an offense of 2398
violence and the trier of fact finds that the offense involved an 2399
attempt to cause or a threat to cause serious physical harm to a 2400
person or resulted in serious physical harm to a person. 2401

       (iii) The court imposes the longest prison term for the 2402
offense that is not life imprisonment without parole. 2403

       (iv) The court finds that the prison terms imposed pursuant 2404
to division (D)(2)(a)(iii) of this section and, if applicable, 2405
division (D)(1) or (3) of this section are inadequate to punish 2406
the offender and protect the public from future crime, because the 2407
applicable factors under section 2929.12 of the Revised Code 2408
indicating a greater likelihood of recidivism outweigh the 2409
applicable factors under that section indicating a lesser 2410
likelihood of recidivism. 2411

       (v) The court finds that the prison terms imposed pursuant to 2412
division (D)(2)(a)(iii) of this section and, if applicable, 2413
division (D)(1) or (3) of this section are demeaning to the 2414
seriousness of the offense, because one or more of the factors 2415
under section 2929.12 of the Revised Code indicating that the 2416
offender's conduct is more serious than conduct normally 2417
constituting the offense are present, and they outweigh the 2418
applicable factors under that section indicating that the 2419
offender's conduct is less serious than conduct normally 2420
constituting the offense. 2421

       (b) The court shall impose on an offender the longest prison 2422
term authorized or required for the offense and shall impose on 2423
the offender an additional definite prison term of one, two, 2424
three, four, five, six, seven, eight, nine, or ten years if all of 2425
the following criteria are met: 2426

       (i) The offender is convicted of or pleads guilty to a 2427
specification of the type described in section 2941.149 of the 2428
Revised Code that the offender is a repeat violent offender. 2429

       (ii) The offender within the preceding twenty years has been 2430
convicted of or pleaded guilty to three or more offenses described 2431
in division (DD)(1) of section 2929.01 of the Revised Code, 2432
including all offenses described in that division of which the 2433
offender is convicted or to which the offender pleads guilty in 2434
the current prosecution and all offenses described in that 2435
division of which the offender previously has been convicted or to 2436
which the offender previously pleaded guilty, whether prosecuted 2437
together or separately. 2438

       (iii) The offense or offenses of which the offender currently 2439
is convicted or to which the offender currently pleads guilty is 2440
aggravated murder and the court does not impose a sentence of 2441
death or life imprisonment without parole, murder, terrorism and 2442
the court does not impose a sentence of life imprisonment without 2443
parole, any felony of the first degree that is an offense of 2444
violence and the court does not impose a sentence of life 2445
imprisonment without parole, or any felony of the second degree 2446
that is an offense of violence and the trier of fact finds that 2447
the offense involved an attempt to cause or a threat to cause 2448
serious physical harm to a person or resulted in serious physical 2449
harm to a person. 2450

       (c) For purposes of division (D)(2)(b) of this section, two 2451
or more offenses committed at the same time or as part of the same 2452
act or event shall be considered one offense, and that one offense 2453
shall be the offense with the greatest penalty. 2454

       (d) A sentence imposed under division (D)(2)(a) or (b) of 2455
this section shall not be reduced pursuant to section 2929.20 or 2456
section 2967.193, or any other provision of Chapter 2967. or 2457
Chapter 5120. of the Revised Code. The offender shall serve an 2458
additional prison term imposed under this section consecutively to 2459
and prior to the prison term imposed for the underlying offense. 2460

       (e) When imposing a sentence pursuant to division (D)(2)(a) 2461
or (b) of this section, the court shall state its findings 2462
explaining the imposed sentence. 2463

       (3)(a) Except when an offender commits a violation of section 2464
2903.01 or 2907.02 of the Revised Code and the penalty imposed for 2465
the violation is life imprisonment or commits a violation of 2466
section 2903.02 of the Revised Code, if the offender commits a 2467
violation of section 2925.03 or 2925.11 of the Revised Code and 2468
that section classifies the offender as a major drug offender and 2469
requires the imposition of a ten-year prison term on the offender, 2470
if the offender commits a felony violation of section 2925.02, 2471
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 2472
4729.37, or 4729.61, division (C) or (D) of section 3719.172, 2473
division (C) of section 4729.51, or division (J) of section 2474
4729.54 of the Revised Code that includes the sale, offer to sell, 2475
or possession of a schedule I or II controlled substance, with the 2476
exception of marihuana, and the court imposing sentence upon the 2477
offender finds that the offender is guilty of a specification of 2478
the type described in section 2941.1410 of the Revised Code 2479
charging that the offender is a major drug offender, if the court 2480
imposing sentence upon an offender for a felony finds that the 2481
offender is guilty of corrupt activity with the most serious 2482
offense in the pattern of corrupt activity being a felony of the 2483
first degree, or if the offender is guilty of an attempted 2484
violation of section 2907.02 of the Revised Code and, had the 2485
offender completed the violation of section 2907.02 of the Revised 2486
Code that was attempted, the offender would have been subject to a 2487
sentence of life imprisonment or life imprisonment without parole 2488
for the violation of section 2907.02 of the Revised Code, the 2489
court shall impose upon the offender for the felony violation a 2490
ten-year prison term that cannot be reduced pursuant to section 2491
2929.20 or Chapter 2967. or 5120. of the Revised Code. 2492

       (b) The court imposing a prison term on an offender under 2493
division (D)(3)(a) of this section may impose an additional prison 2494
term of one, two, three, four, five, six, seven, eight, nine, or 2495
ten years, if the court, with respect to the term imposed under 2496
division (D)(3)(a) of this section and, if applicable, divisions 2497
(D)(1) and (2) of this section, makes both of the findings set 2498
forth in divisions (D)(2)(a)(iv) and (v) of this section. 2499

       (4) If the offender is being sentenced for a third or fourth 2500
degree felony OVI offense under division (G)(2) of section 2929.13 2501
of the Revised Code, the sentencing court shall impose upon the 2502
offender a mandatory prison term in accordance with that division. 2503
In addition to the mandatory prison term, if the offender is being 2504
sentenced for a fourth degree felony OVI offense, the court, 2505
notwithstanding division (A)(4) of this section, may sentence the 2506
offender to a definite prison term of not less than six months and 2507
not more than thirty months, and if the offender is being 2508
sentenced for a third degree felony OVI offense, the sentencing 2509
court may sentence the offender to an additional prison term of 2510
any duration specified in division (A)(3) of this section. In 2511
either case, the additional prison term imposed shall be reduced 2512
by the sixty or one hundred twenty days imposed upon the offender 2513
as the mandatory prison term. The total of the additional prison 2514
term imposed under division (D)(4) of this section plus the sixty 2515
or one hundred twenty days imposed as the mandatory prison term 2516
shall equal a definite term in the range of six months to thirty 2517
months for a fourth degree felony OVI offense and shall equal one 2518
of the authorized prison terms specified in division (A)(3) of 2519
this section for a third degree felony OVI offense. If the court 2520
imposes an additional prison term under division (D)(4) of this 2521
section, the offender shall serve the additional prison term after 2522
the offender has served the mandatory prison term required for the 2523
offense. In addition to the mandatory prison term or mandatory and 2524
additional prison term imposed as described in division (D)(4) of 2525
this section, the court also may sentence the offender to a 2526
community control sanction under section 2929.16 or 2929.17 of the 2527
Revised Code, but the offender shall serve all of the prison terms 2528
so imposed prior to serving the community control sanction. 2529

        If the offender is being sentenced for a fourth degree felony 2530
OVI offense under division (G)(1) of section 2929.13 of the 2531
Revised Code and the court imposes a mandatory term of local 2532
incarceration, the court may impose a prison term as described in 2533
division (A)(1) of that section. 2534

       (5) If an offender is convicted of or pleads guilty to a 2535
violation of division (A)(1) or (2) of section 2903.06 of the 2536
Revised Code and also is convicted of or pleads guilty to a 2537
specification of the type described in section 2941.1414 of the 2538
Revised Code that charges that the victim of the offense is a 2539
peace officer, as defined in section 2935.01 of the Revised Code, 2540
the court shall impose on the offender a prison term of five 2541
years. If a court imposes a prison term on an offender under 2542
division (D)(5) of this section, the prison term shall not be 2543
reduced pursuant to section 2929.20, section 2967.193, or any 2544
other provision of Chapter 2967. or Chapter 5120. of the Revised 2545
Code. A court shall not impose more than one prison term on an 2546
offender under division (D)(5) of this section for felonies 2547
committed as part of the same act. 2548

        (6) If an offender is convicted of or pleads guilty to a 2549
violation of division (A)(1) or (2) of section 2903.06 of the 2550
Revised Code and also is convicted of or pleads guilty to a 2551
specification of the type described in section 2941.1415 of the 2552
Revised Code that charges that the offender previously has been 2553
convicted of or pleaded guilty to three or more violations of 2554
division (A) or (B) of section 4511.19 of the Revised Code or an 2555
equivalent offense, as defined in section 2941.1415 of the Revised 2556
Code, or three or more violations of any combination of those 2557
divisions and offenses, the court shall impose on the offender a 2558
prison term of three years. If a court imposes a prison term on an 2559
offender under division (D)(6) of this section, the prison term 2560
shall not be reduced pursuant to section 2929.20, section 2561
2967.193, or any other provision of Chapter 2967. or Chapter 5120. 2562
of the Revised Code. A court shall not impose more than one prison 2563
term on an offender under division (D)(6) of this section for 2564
felonies committed as part of the same act. 2565

       (E)(1)(a) Subject to division (E)(1)(b) of this section, if a 2566
mandatory prison term is imposed upon an offender pursuant to 2567
division (D)(1)(a) of this section for having a firearm on or 2568
about the offender's person or under the offender's control while 2569
committing a felony, if a mandatory prison term is imposed upon an 2570
offender pursuant to division (D)(1)(c) of this section for 2571
committing a felony specified in that division by discharging a 2572
firearm from a motor vehicle, or if both types of mandatory prison 2573
terms are imposed, the offender shall serve any mandatory prison 2574
term imposed under either division consecutively to any other 2575
mandatory prison term imposed under either division or under 2576
division (D)(1)(d) of this section, consecutively to and prior to 2577
any prison term imposed for the underlying felony pursuant to 2578
division (A), (D)(2), or (D)(3) of this section or any other 2579
section of the Revised Code, and consecutively to any other prison 2580
term or mandatory prison term previously or subsequently imposed 2581
upon the offender. 2582

       (b) If a mandatory prison term is imposed upon an offender 2583
pursuant to division (D)(1)(d) of this section for wearing or 2584
carrying body armor while committing an offense of violence that 2585
is a felony, the offender shall serve the mandatory term so 2586
imposed consecutively to any other mandatory prison term imposed 2587
under that division or under division (D)(1)(a) or (c) of this 2588
section, consecutively to and prior to any prison term imposed for 2589
the underlying felony under division (A), (D)(2), or (D)(3) of 2590
this section or any other section of the Revised Code, and 2591
consecutively to any other prison term or mandatory prison term 2592
previously or subsequently imposed upon the offender. 2593

       (c) If a mandatory prison term is imposed upon an offender 2594
pursuant to division (D)(1)(f) of this section, the offender shall 2595
serve the mandatory prison term so imposed consecutively to and 2596
prior to any prison term imposed for the underlying felony under 2597
division (A), (D)(2), or (D)(3) of this section or any other 2598
section of the Revised Code, and consecutively to any other prison 2599
term or mandatory prison term previously or subsequently imposed 2600
upon the offender. 2601

       (2) If an offender who is an inmate in a jail, prison, or 2602
other residential detention facility violates section 2917.02, 2603
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender 2604
who is under detention at a detention facility commits a felony 2605
violation of section 2923.131 of the Revised Code, or if an 2606
offender who is an inmate in a jail, prison, or other residential 2607
detention facility or is under detention at a detention facility 2608
commits another felony while the offender is an escapee in 2609
violation of section 2921.34 of the Revised Code, any prison term 2610
imposed upon the offender for one of those violations shall be 2611
served by the offender consecutively to the prison term or term of 2612
imprisonment the offender was serving when the offender committed 2613
that offense and to any other prison term previously or 2614
subsequently imposed upon the offender. 2615

       (3) If a prison term is imposed for a violation of division 2616
(B) of section 2911.01 of the Revised Code, a violation of 2617
division (A) of section 2913.02 of the Revised Code in which the 2618
stolen property is a firearm or dangerous ordnance, or a felony 2619
violation of division (B) of section 2921.331 of the Revised Code, 2620
the offender shall serve that prison term consecutively to any 2621
other prison term or mandatory prison term previously or 2622
subsequently imposed upon the offender. 2623

       (4) If multiple prison terms are imposed on an offender for 2624
convictions of multiple offenses, the court may require the 2625
offender to serve the prison terms consecutively if the court 2626
finds that the consecutive service is necessary to protect the 2627
public from future crime or to punish the offender and that 2628
consecutive sentences are not disproportionate to the seriousness 2629
of the offender's conduct and to the danger the offender poses to 2630
the public, and if the court also finds any of the following: 2631

       (a) The offender committed one or more of the multiple 2632
offenses while the offender was awaiting trial or sentencing, was 2633
under a sanction imposed pursuant to section 2929.16, 2929.17, or 2634
2929.18 of the Revised Code, or was under post-release control for 2635
a prior offense. 2636

       (b) At least two of the multiple offenses were committed as 2637
part of one or more courses of conduct, and the harm caused by two 2638
or more of the multiple offenses so committed was so great or 2639
unusual that no single prison term for any of the offenses 2640
committed as part of any of the courses of conduct adequately 2641
reflects the seriousness of the offender's conduct. 2642

       (c) The offender's history of criminal conduct demonstrates 2643
that consecutive sentences are necessary to protect the public 2644
from future crime by the offender. 2645

       (5) If a mandatory prison term is imposed upon an offender 2646
pursuant to division (D)(5) or (6) of this section, the offender 2647
shall serve the mandatory prison term consecutively to and prior 2648
to any prison term imposed for the underlying violation of 2649
division (A)(1) or (2) of section 2903.06 of the Revised Code 2650
pursuant to division (A) of this section. If a mandatory prison 2651
term is imposed upon an offender pursuant to division (D)(5) of 2652
this section, and if a mandatory prison term also is imposed upon 2653
the offender pursuant to division (D)(6) of this section in 2654
relation to the same violation, the offender shall serve the 2655
mandatory prison term imposed pursuant to division (D)(5) of this 2656
section consecutively to and prior to the mandatory prison term 2657
imposed pursuant to division (D)(6) of this section and 2658
consecutively to and prior to any prison term imposed for the 2659
underlying violation of division (A)(1) or (2) of section 2903.06 2660
of the Revised Code pursuant to division (A) of this section. 2661

       (6) When consecutive prison terms are imposed pursuant to 2662
division (E)(1), (2), (3), (4), or (5) of this section, the term 2663
to be served is the aggregate of all of the terms so imposed. 2664

       (F)(1) If a court imposes a prison term for a felony of the 2665
first degree, for a felony of the second degree, for a felony sex 2666
offense, or for a felony of the third degree that is not a felony 2667
sex offense and in the commission of which the offender caused or 2668
threatened to cause physical harm to a person, it shall include in 2669
the sentence a requirement that the offender be subject to a 2670
period of post-release control after the offender's release from 2671
imprisonment, in accordance with that division. If a court imposes 2672
a sentence including a prison term of a type described in this 2673
division on or after ~~the effective date of this amendment~~July 11, 2674
2006, the failure of a court to include a post-release control 2675
requirement in the sentence pursuant to this division does not 2676
negate, limit, or otherwise affect the mandatory period of 2677
post-release control that is required for the offender under 2678
division (B) of section 2967.28 of the Revised Code. Section 2679
2929.191 of the Revised Code applies if, prior to ~~the effective~~ 2680
~~date of this amendment~~July 11, 2006, a court imposed a sentence 2681
including a prison term of a type described in this division and 2682
failed to include in the sentence pursuant to this division a 2683
statement regarding post-release control. 2684

       (2) If a court imposes a prison term for a felony of the 2685
third, fourth, or fifth degree that is not subject to division 2686
(F)(1) of this section, it shall include in the sentence a 2687
requirement that the offender be subject to a period of 2688
post-release control after the offender's release from 2689
imprisonment, in accordance with that division, if the parole 2690
board determines that a period of post-release control is 2691
necessary. Section 2929.191 of the Revised Code applies if, prior 2692
to ~~the effective date of this amendment~~July 11, 2006, a court 2693
imposed a sentence including a prison term of a type described in 2694
this division and failed to include in the sentence pursuant to 2695
this division a statement regarding post-release control. 2696

       (G) If a person is convicted of or pleads guilty to a violent 2697
sex offense or a designated homicide, assault, or kidnapping 2698
offense and, in relation to that offense, the offender is 2699
adjudicated a sexually violent predator, if a person is convicted 2700
of or pleads guilty to a violation of division (A)(1)(b) of 2701
section 2907.02 of the Revised Code committed on or after the 2702
effective date of this amendment and the court does not impose a 2703
sentence of life without parole when authorized pursuant to 2704
division (B) of section 2907.02 of the Revised Code, or if a 2705
person is convicted of or pleads guilty to attempted rape 2706
committed on or after the effective date of this amendment and a 2707
specification of the type described in section 2941.1418, 2708
2941.1419, or 2941.1420 of the Revised Code, the court shall 2709
impose sentence upon the offender in accordance with section 2710
2971.03 of the Revised Code, and Chapter 2971. of the Revised Code 2711
applies regarding the prison term or term of life imprisonment 2712
without parole imposed upon the offender and the service of that 2713
term of imprisonment. 2714

       (H) If a person who has been convicted of or pleaded guilty 2715
to a felony is sentenced to a prison term or term of imprisonment 2716
under this section, sections 2929.02 to 2929.06 of the Revised 2717
Code, section 2971.03 of the Revised Code, or any other provision 2718
of law, section 5120.163 of the Revised Code applies regarding the 2719
person while the person is confined in a state correctional 2720
institution. 2721

       (I) If an offender who is convicted of or pleads guilty to a 2722
felony that is an offense of violence also is convicted of or 2723
pleads guilty to a specification of the type described in section 2724
2941.142 of the Revised Code that charges the offender with having 2725
committed the felony while participating in a criminal gang, the 2726
court shall impose upon the offender an additional prison term of 2727
one, two, or three years. 2728

       (J) If an offender who is convicted of or pleads guilty to 2729
aggravated murder, murder, or a felony of the first, second, or 2730
third degree that is an offense of violence also is convicted of 2731
or pleads guilty to a specification of the type described in 2732
section 2941.143 of the Revised Code that charges the offender 2733
with having committed the offense in a school safety zone or 2734
towards a person in a school safety zone, the court shall impose 2735
upon the offender an additional prison term of two years. The 2736
offender shall serve the additional two years consecutively to and 2737
prior to the prison term imposed for the underlying offense. 2738

       (K) At the time of sentencing, the court may recommend the 2739
offender for placement in a program of shock incarceration under 2740
section 5120.031 of the Revised Code or for placement in an 2741
intensive program prison under section 5120.032 of the Revised 2742
Code, disapprove placement of the offender in a program of shock 2743
incarceration or an intensive program prison of that nature, or 2744
make no recommendation on placement of the offender. In no case 2745
shall the department of rehabilitation and correction place the 2746
offender in a program or prison of that nature unless the 2747
department determines as specified in section 5120.031 or 5120.032 2748
of the Revised Code, whichever is applicable, that the offender is 2749
eligible for the placement. 2750

       If the court disapproves placement of the offender in a 2751
program or prison of that nature, the department of rehabilitation 2752
and correction shall not place the offender in any program of 2753
shock incarceration or intensive program prison. 2754

       If the court recommends placement of the offender in a 2755
program of shock incarceration or in an intensive program prison, 2756
and if the offender is subsequently placed in the recommended 2757
program or prison, the department shall notify the court of the 2758
placement and shall include with the notice a brief description of 2759
the placement. 2760

       If the court recommends placement of the offender in a 2761
program of shock incarceration or in an intensive program prison 2762
and the department does not subsequently place the offender in the 2763
recommended program or prison, the department shall send a notice 2764
to the court indicating why the offender was not placed in the 2765
recommended program or prison. 2766

       If the court does not make a recommendation under this 2767
division with respect to an offender and if the department 2768
determines as specified in section 5120.031 or 5120.032 of the 2769
Revised Code, whichever is applicable, that the offender is 2770
eligible for placement in a program or prison of that nature, the 2771
department shall screen the offender and determine if there is an 2772
available program of shock incarceration or an intensive program 2773
prison for which the offender is suited. If there is an available 2774
program of shock incarceration or an intensive program prison for 2775
which the offender is suited, the department shall notify the 2776
court of the proposed placement of the offender as specified in 2777
section 5120.031 or 5120.032 of the Revised Code and shall include 2778
with the notice a brief description of the placement. The court 2779
shall have ten days from receipt of the notice to disapprove the 2780
placement. 2781

       Sec. 2929.19. (A)(1) The court shall hold a sentencing 2782
hearing before imposing a sentence under this chapter upon an 2783
offender who was convicted of or pleaded guilty to a felony and 2784
before resentencing an offender who was convicted of or pleaded 2785
guilty to a felony and whose case was remanded pursuant to section 2786
2953.07 or 2953.08 of the Revised Code. At the hearing, the 2787
offender, the prosecuting attorney, the victim or the victim's 2788
representative in accordance with section 2930.14 of the Revised 2789
Code, and, with the approval of the court, any other person may 2790
present information relevant to the imposition of sentence in the 2791
case. The court shall inform the offender of the verdict of the 2792
jury or finding of the court and ask the offender whether the 2793
offender has anything to say as to why sentence should not be 2794
imposed upon the offender. 2795

       (2) Except as otherwise provided in this division, before 2796
imposing sentence on an offender who is being sentenced on or 2797
after January 1, 1997, for a sexually oriented offense that is not 2798
a registration-exempt sexually oriented offense and who is in any 2799
category of offender described in division (B)(1)(a)(i), (ii), or 2800
(iii) of section 2950.09 of the Revised Code, the court shall 2801
conduct a hearing in accordance with division (B) of section 2802
2950.09 of the Revised Code to determine whether the offender is a 2803
sexual predator. The court shall not conduct a hearing under that 2804
division if the offender is being sentenced for a violent sex 2805
offense or a designated homicide, assault, or kidnapping offense 2806
and, in relation to that offense, the offender was adjudicated a 2807
sexually violent predator, if the offender is being sentenced for 2808
a violation of division (A)(1)(b) of section 2907.02 of the 2809
Revised Code committed on or after the effective date of this 2810
amendment, or if the offender is being sentenced for attempted 2811
rape committed on or after the effective date of this amendment 2812
and a specification of the type described in section 2941.1418, 2813
2941.1419, or 2941.1420 of the Revised Code. Before imposing 2814
sentence on an offender who is being sentenced for a sexually 2815
oriented offense that is not a registration-exempt sexually 2816
oriented offense, the court also shall comply with division (E) of 2817
section 2950.09 of the Revised Code. 2818

       Before imposing sentence on or after July 31, 2003, on an 2819
offender who is being sentenced for a child-victim oriented 2820
offense, regardless of when the offense was committed, the court 2821
shall conduct a hearing in accordance with division (B) of section 2822
2950.091 of the Revised Code to determine whether the offender is 2823
a child-victim predator. Before imposing sentence on an offender 2824
who is being sentenced for a child-victim oriented offense, the 2825
court also shall comply with division (E) of section 2950.091 of 2826
the Revised Code. 2827

       (B)(1) At the sentencing hearing, the court, before imposing 2828
sentence, shall consider the record, any information presented at 2829
the hearing by any person pursuant to division (A) of this 2830
section, and, if one was prepared, the presentence investigation 2831
report made pursuant to section 2951.03 of the Revised Code or 2832
Criminal Rule 32.2, and any victim impact statement made pursuant 2833
to section 2947.051 of the Revised Code. 2834

       (2) The court shall impose a sentence and shall make a 2835
finding that gives its reasons for selecting the sentence imposed 2836
in any of the following circumstances: 2837

       (a) Unless the offense is a violent sex offense or designated 2838
homicide, assault, or kidnapping offense for which the court is 2839
required to impose sentence pursuant to division (G) of section 2840
2929.14 of the Revised Code, if it imposes a prison term for a 2841
felony of the fourth or fifth degree or for a felony drug offense 2842
that is a violation of a provision of Chapter 2925. of the Revised 2843
Code and that is specified as being subject to division (B) of 2844
section 2929.13 of the Revised Code for purposes of sentencing, 2845
its reasons for imposing the prison term, based upon the 2846
overriding purposes and principles of felony sentencing set forth 2847
in section 2929.11 of the Revised Code, and any factors listed in 2848
divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code 2849
that it found to apply relative to the offender. 2850

       (b) If it does not impose a prison term for a felony of the 2851
first or second degree or for a felony drug offense that is a 2852
violation of a provision of Chapter 2925. of the Revised Code and 2853
for which a presumption in favor of a prison term is specified as 2854
being applicable, its reasons for not imposing the prison term and 2855
for overriding the presumption, based upon the overriding purposes 2856
and principles of felony sentencing set forth in section 2929.11 2857
of the Revised Code, and the basis of the findings it made under 2858
divisions (D)(1) and (2) of section 2929.13 of the Revised Code. 2859

       (c) If it imposes consecutive sentences under section 2929.14 2860
of the Revised Code, its reasons for imposing the consecutive 2861
sentences; 2862

       (d) If the sentence is for one offense and it imposes a 2863
prison term for the offense that is the maximum prison term 2864
allowed for that offense by division (A) of section 2929.14 of the 2865
Revised Code, its reasons for imposing the maximum prison term; 2866

       (e) If the sentence is for two or more offenses arising out 2867
of a single incident and it imposes a prison term for those 2868
offenses that is the maximum prison term allowed for the offense 2869
of the highest degree by division (A) of section 2929.14 of the 2870
Revised Code, its reasons for imposing the maximum prison term. 2871

       (3) Subject to division (B)(4) of this section, if the 2872
sentencing court determines at the sentencing hearing that a 2873
prison term is necessary or required, the court shall do all of 2874
the following: 2875

       (a) Impose a stated prison term; 2876

       (b) Notify the offender that, as part of the sentence, the 2877
parole board may extend the stated prison term for certain 2878
violations of prison rules for up to one-half of the stated prison 2879
term; 2880

       (c) Notify the offender that the offender will be supervised 2881
under section 2967.28 of the Revised Code after the offender 2882
leaves prison if the offender is being sentenced for a felony of 2883
the first degree or second degree, for a felony sex offense, or 2884
for a felony of the third degree that is not a felony sex offense 2885
and in the commission of which the offender caused or threatened 2886
to cause physical harm to a person. If a court imposes a sentence 2887
including a prison term of a type described in division (B)(3)(c) 2888
of this section on or after ~~the effective date of this amendment~~ 2889
July 11, 2006, the failure of a court to notify the offender 2890
pursuant to division (B)(3)(c) of this section that the offender 2891
will be supervised under section 2967.28 of the Revised Code after 2892
the offender leaves prison or to include in the judgment of 2893
conviction entered on the journal a statement to that effect does 2894
not negate, limit, or otherwise affect the mandatory period of 2895
supervision that is required for the offender under division (B) 2896
of section 2967.28 of the Revised Code. Section 2929.191 of the 2897
Revised Code applies if, prior to ~~the effective date of this~~ 2898
~~amendment~~July 11, 2006, a court imposed a sentence including a 2899
prison term of a type described in division (B)(3)(c) of this 2900
section and failed to notify the offender pursuant to division 2901
(B)(3)(c) of this section regarding post-release control or to 2902
include in the judgment of conviction entered on the journal or in 2903
the sentence a statement regarding post-release control. 2904

       (d) Notify the offender that the offender may be supervised 2905
under section 2967.28 of the Revised Code after the offender 2906
leaves prison if the offender is being sentenced for a felony of 2907
the third, fourth, or fifth degree that is not subject to division 2908
(B)(3)(c) of this section. Section 2929.191 of the Revised Code 2909
applies if, prior to ~~the effective date of this amendment~~July 11, 2910
2006, a court imposed a sentence including a prison term of a type 2911
described in division (B)(3)(d) of this section and failed to 2912
notify the offender pursuant to division (B)(3)(d) of this section 2913
regarding post-release control or to include in the judgment of 2914
conviction entered on the journal or in the sentence a statement 2915
regarding post-release control. 2916

       (e) Notify the offender that, if a period of supervision is 2917
imposed following the offender's release from prison, as described 2918
in division (B)(3)(c) or (d) of this section, and if the offender 2919
violates that supervision or a condition of post-release control 2920
imposed under division (B) of section 2967.131 of the Revised 2921
Code, the parole board may impose a prison term, as part of the 2922
sentence, of up to one-half of the stated prison term originally 2923
imposed upon the offender. If a court imposes a sentence including 2924
a prison term on or after ~~the effective date of this amendment~~ 2925
July 11, 2006, the failure of a court to notify the offender 2926
pursuant to division (B)(3)(e) of this section that the parole 2927
board may impose a prison term as described in division (B)(3)(e) 2928
of this section for a violation of that supervision or a condition 2929
of post-release control imposed under division (B) of section 2930
2967.131 of the Revised Code or to include in the judgment of 2931
conviction entered on the journal a statement to that effect does 2932
not negate, limit, or otherwise affect the authority of the parole 2933
board to so impose a prison term for a violation of that nature 2934
if, pursuant to division (D)(1) of section 2967.28 of the Revised 2935
Code, the parole board notifies the offender prior to the 2936
offender's release of the board's authority to so impose a prison 2937
term. Section 2929.191 of the Revised Code applies if, prior to 2938
~~the effective date of this amendment~~July 11, 2006, a court 2939
imposed a sentence including a prison term and failed to notify 2940
the offender pursuant to division (B)(3)(e) of this section 2941
regarding the possibility of the parole board imposing a prison 2942
term for a violation of supervision or a condition of post-release 2943
control. 2944

       (f) Require that the offender not ingest or be injected with 2945
a drug of abuse and submit to random drug testing as provided in 2946
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever 2947
is applicable to the offender who is serving a prison term, and 2948
require that the results of the drug test administered under any 2949
of those sections indicate that the offender did not ingest or was 2950
not injected with a drug of abuse. 2951

       (4) If the offender is being sentenced for a violent sex 2952
offense or designated homicide, assault, or kidnapping offense 2953
that the offender committed on or after January 1, 1997, and the 2954
offender is adjudicated a sexually violent predator in relation to 2955
that offense, if the offender is being sentenced for a sexually 2956
oriented offense that is not a registration-exempt sexually 2957
oriented offense and that the offender committed on or after 2958
January 1, 1997, and the court imposing the sentence has 2959
determined pursuant to division (B) of section 2950.09 of the 2960
Revised Code that the offender is a sexual predator, if the 2961
offender is being sentenced on or after July 31, 2003, for a 2962
child-victim oriented offense and the court imposing the sentence 2963
has determined pursuant to division (B) of section 2950.091 of the 2964
Revised Code that the offender is a child-victim predator, or if 2965
the offender is being sentenced for an aggravated sexually 2966
oriented offense as defined in section 2950.01 of the Revised 2967
Code, if the offender is being sentenced for a violation of 2968
division (A)(1)(b) of section 2907.02 of the Revised Code 2969
committed on or after the effective date of this amendment, or if 2970
the offender is being sentenced for attempted rape committed on or 2971
after the effective date of this amendment and a specification of 2972
the type described in section 2941.1418, 2941.1419, or 2941.1420 2973
of the Revised Code, the court shall include in the offender's 2974
sentence a statement that the offender has been adjudicated a 2975
sexual predator, has been adjudicated a child victim predator, or 2976
has been convicted of or pleaded guilty to an aggravated sexually 2977
oriented offense, whichever is applicable, and shall comply with 2978
the requirements of section 2950.03 of the Revised Code. 2979
Additionally, in the circumstances described in division (G) of 2980
section 2929.14 of the Revised Code, the court shall impose 2981
sentence on the offender as described in that division. 2982

       (5) If the sentencing court determines at the sentencing 2983
hearing that a community control sanction should be imposed and 2984
the court is not prohibited from imposing a community control 2985
sanction, the court shall impose a community control sanction. The 2986
court shall notify the offender that, if the conditions of the 2987
sanction are violated, if the offender commits a violation of any 2988
law, or if the offender leaves this state without the permission 2989
of the court or the offender's probation officer, the court may 2990
impose a longer time under the same sanction, may impose a more 2991
restrictive sanction, or may impose a prison term on the offender 2992
and shall indicate the specific prison term that may be imposed as 2993
a sanction for the violation, as selected by the court from the 2994
range of prison terms for the offense pursuant to section 2929.14 2995
of the Revised Code. 2996

       (6) Before imposing a financial sanction under section 2997
2929.18 of the Revised Code or a fine under section 2929.32 of the 2998
Revised Code, the court shall consider the offender's present and 2999
future ability to pay the amount of the sanction or fine. 3000

       (7) If the sentencing court sentences the offender to a 3001
sanction of confinement pursuant to section 2929.14 or 2929.16 of 3002
the Revised Code that is to be served in a local detention 3003
facility, as defined in section 2929.36 of the Revised Code, and 3004
if the local detention facility is covered by a policy adopted 3005
pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 3006
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code 3007
and section 2929.37 of the Revised Code, both of the following 3008
apply: 3009

       (a) The court shall specify both of the following as part of 3010
the sentence: 3011

       (i) If the offender is presented with an itemized bill 3012
pursuant to section 2929.37 of the Revised Code for payment of the 3013
costs of confinement, the offender is required to pay the bill in 3014
accordance with that section. 3015

       (ii) If the offender does not dispute the bill described in 3016
division (B)(7)(a)(i) of this section and does not pay the bill by 3017
the times specified in section 2929.37 of the Revised Code, the 3018
clerk of the court may issue a certificate of judgment against the 3019
offender as described in that section. 3020

       (b) The sentence automatically includes any certificate of 3021
judgment issued as described in division (B)(7)(a)(ii) of this 3022
section. 3023

       (C)(1) If the offender is being sentenced for a fourth degree 3024
felony OVI offense under division (G)(1) of section 2929.13 of the 3025
Revised Code, the court shall impose the mandatory term of local 3026
incarceration in accordance with that division, shall impose a 3027
mandatory fine in accordance with division (B)(3) of section 3028
2929.18 of the Revised Code, and, in addition, may impose 3029
additional sanctions as specified in sections 2929.15, 2929.16, 3030
2929.17, and 2929.18 of the Revised Code. The court shall not 3031
impose a prison term on the offender except that the court may 3032
impose a prison term upon the offender as provided in division 3033
(A)(1) of section 2929.13 of the Revised Code. 3034

       (2) If the offender is being sentenced for a third or fourth 3035
degree felony OVI offense under division (G)(2) of section 2929.13 3036
of the Revised Code, the court shall impose the mandatory prison 3037
term in accordance with that division, shall impose a mandatory 3038
fine in accordance with division (B)(3) of section 2929.18 of the 3039
Revised Code, and, in addition, may impose an additional prison 3040
term as specified in section 2929.14 of the Revised Code. In 3041
addition to the mandatory prison term or mandatory prison term and 3042
additional prison term the court imposes, the court also may 3043
impose a community control sanction on the offender, but the 3044
offender shall serve all of the prison terms so imposed prior to 3045
serving the community control sanction. 3046

       (D) The sentencing court, pursuant to division (K) of section 3047
2929.14 of the Revised Code, may recommend placement of the 3048
offender in a program of shock incarceration under section 3049
5120.031 of the Revised Code or an intensive program prison under 3050
section 5120.032 of the Revised Code, disapprove placement of the 3051
offender in a program or prison of that nature, or make no 3052
recommendation. If the court recommends or disapproves placement, 3053
it shall make a finding that gives its reasons for its 3054
recommendation or disapproval. 3055

       Sec. 2930.16. (A) If a defendant is incarcerated, a victim 3056
in a case who has requested to receive notice under this section 3057
shall be given notice of the incarceration of the defendant. If an 3058
alleged juvenile offender is committed to the temporary custody of 3059
a school, camp, institution, or other facility operated for the 3060
care of delinquent children or to the legal custody of the 3061
department of youth services, a victim in a case who has requested 3062
to receive notice under this section shall be given notice of the 3063
commitment. Promptly after sentence is imposed upon the defendant 3064
or the commitment of the alleged juvenile offender is ordered, the 3065
prosecutor in the case shall notify the victim of the date on 3066
which the defendant will be released from confinement or the 3067
prosecutor's reasonable estimate of that date or the date on which 3068
the alleged juvenile offender will have served the minimum period 3069
of commitment or the prosecutor's reasonable estimate of that 3070
date. The prosecutor also shall notify the victim of the name of 3071
the custodial agency of the defendant or alleged juvenile offender 3072
and tell the victim how to contact that custodial agency. If the 3073
custodial agency is the department of rehabilitation and 3074
correction, the prosecutor shall notify the victim of the services 3075
offered by the office of victims' services pursuant to section 3076
5120.60 of the Revised Code. If the custodial agency is the 3077
department of youth services, the prosecutor shall notify the 3078
victim of the services provided by the office of victims' services 3079
within the release authority of the department pursuant to section 3080
5139.55 of the Revised Code and the victim's right pursuant to 3081
section 5139.56 of the Revised Code to submit a written request to 3082
the release authority to be notified of actions the release 3083
authority takes with respect to the alleged juvenile offender. The 3084
victim shall keep the custodial agency informed of the victim's 3085
current address and telephone number. 3086

       (B)(1) Upon the victim's request, the prosecutor promptly 3087
shall notify the victim of any hearing for judicial release of the 3088
defendant pursuant to section 2929.20 of the Revised Code or of 3089
any hearing for judicial release or early release of the alleged 3090
juvenile offender pursuant to section 2151.38 of the Revised Code 3091
and of the victim's right to make a statement under those 3092
sections. The court shall notify the victim of its ruling in each 3093
of those hearings and on each of those applications. 3094

       (2) If an offender is convicted of or pleads guilty to a 3095
violent sex offense or designated homicide, assault, or kidnapping 3096
offense, if the offender is adjudicated a sexually violent 3097
predator in relation to that crime, and if the offender is 3098
sentenced to a prison term for that crime pursuant to division 3099
(A)(3) of section 2971.03 of the Revised Code, if an offender is 3100
convicted of or pleads guilty to a violation of division (A)(1)(b) 3101
of section 2907.02 of the Revised Code committed on or after the 3102
effective date of this amendment, and the offender is sentenced to 3103
a prison term for that offense pursuant to division (B)(1)(a), 3104
(b), or (c) of section 2971.03 of the Revised Code, if an offender 3105
is convicted of or pleads guilty to attempted rape committed on or 3106
after the effective date of this amendment, the offender also is 3107
convicted of or pleads guilty to a specification of the type 3108
described in section 2941.1418 of the Revised Code, and the 3109
offender is sentenced to a prison term for that offense pursuant 3110
to division (B)(2)(a) of section 2971.03 of the Revised Code, if 3111
the offender is convicted of or pleads guilty to attempted rape 3112
committed on or after the effective date of this amendment, the 3113
offender also is convicted of or pleads guilty to a specification 3114
of the type described in section 2941.1419 of the Revised Code, 3115
and the offender is sentenced to a prison term for that offense 3116
pursuant to division (B)(2)(b) of section 2971.03 of the Revised 3117
Code, or if the offender is convicted of or pleads guilty to 3118
attempted rape committed on or after the effective date of this 3119
amendment, the offender also is convicted of or pleads guilty to a 3120
specification of the type described in section 2941.1420 of the 3121
Revised Code, and the offender is sentenced to a prison term for 3122
that offense pursuant to division (B)(2)(c) of section 2971.03 of 3123
the Revised Code, upon the request of the victim of the crime, the 3124
prosecutor promptly shall notify the victim of any hearing to be 3125
conducted pursuant to section 2971.05 of the Revised Code to 3126
determine whether to modify the requirement that the offender 3127
serve the entire prison term in a state correctional facility in 3128
accordance with division (C) of that section, whether to continue, 3129
revise, or revoke any existing modification of that requirement, 3130
or whether to terminate the prison term in accordance with 3131
division (D) of that section. The court shall notify the victim of 3132
any order issued at the conclusion of the hearing. As used in 3133
this division: 3134

       (a) "Adjudicated a sexually violent predator" has the same 3135
meaning as in section 2929.01 of the Revised Code and a person is 3136
"adjudicated a sexually violent predator" in the same manner and 3137
the same circumstances as are described in that section. 3138

       (b) "Designated homicide, assault, or kidnapping offense" and 3139
"violent sex offense" have the same meanings as in section 2971.01 3140
of the Revised Code. 3141

       (C) Upon the victim's request made at any time before the 3142
particular notice would be due, the custodial agency of a 3143
defendant or alleged juvenile offender shall give the victim any 3144
of the following notices that is applicable: 3145

       (1) At least three weeks before the adult parole authority 3146
recommends a pardon or commutation of sentence for the defendant 3147
or at least three weeks prior to a hearing before the adult parole 3148
authority regarding a grant of parole to the defendant, notice of 3149
the victim's right to submit a statement regarding the impact of 3150
the defendant's release in accordance with section 2967.12 of the 3151
Revised Code and, if applicable, of the victim's right to appear 3152
at a full board hearing of the parole board to give testimony as 3153
authorized by section 5149.101 of the Revised Code; 3154

       (2) At least three weeks before the defendant is transferred 3155
to transitional control under section 2967.26 of the Revised Code, 3156
notice of the pendency of the transfer and of the victim's right 3157
under that section to submit a statement regarding the impact of 3158
the transfer; 3159

       (3) At least thirty days before the release authority of the 3160
department of youth services holds a release review, release 3161
hearing, or discharge review for the alleged juvenile offender, 3162
notice of the pendency of the review or hearing, of the victim's 3163
right to make an oral or written statement regarding the impact of 3164
the crime upon the victim or regarding the possible release or 3165
discharge, and, if the notice pertains to a hearing, of the 3166
victim's right to attend and make statements or comments at the 3167
hearing as authorized by section 5139.56 of the Revised Code; 3168

       (4) Prompt notice of the defendant's or alleged juvenile 3169
offender's escape from a facility of the custodial agency in which 3170
the defendant was incarcerated or in which the alleged juvenile 3171
offender was placed after commitment, of the defendant's or 3172
alleged juvenile offender's absence without leave from a mental 3173
health or mental retardation and developmental disabilities 3174
facility or from other custody, and of the capture of the 3175
defendant or alleged juvenile offender after an escape or absence; 3176

       (5) Notice of the defendant's or alleged juvenile offender's 3177
death while in confinement or custody; 3178

       (6) Notice of the defendant's or alleged juvenile offender's 3179
release from confinement or custody and the terms and conditions 3180
of the release. 3181

       Sec. 2941.148. (A)(1) The application of Chapter 2971. of 3182
the Revised Code to an offender is precluded unless ~~the~~one of the 3183
following applies: 3184

       (a) The offender is charged with a violent sex offense, and 3185
the indictment, count in the indictment, or information charging 3186
the violent sex offense also includes a specification that the 3187
offender is a sexually violent predator, or the offender is 3188
charged with a designated homicide, assault, or kidnapping 3189
offense, and the indictment, count in the indictment, or 3190
information charging the designated homicide, assault, or 3191
kidnapping offense also includes both a specification of the type 3192
described in section 2941.147 of the Revised Code and a 3193
specification that the offender is a sexually violent predator. 3194
~~The~~ 3195

       (b) The offender is convicted of or pleads guilty to a 3196
violation of division (A)(1)(b) of section 2907.02 of the Revised 3197
Code committed on or after the effective date of this amendment. 3198

       (c) The offender is convicted of or pleads guilty to 3199
attempted rape committed on or after the effective date of this 3200
amendment and to a specification of the type described in section 3201
2941.1418, 2941.1419, or 2941.1420 of the Revised Code. 3202

       (2) A specification required under division (A)(1)(a) of this 3203
section that ~~the~~an offender is a sexually violent predator shall 3204
be stated at the end of the body of the indictment, count, or 3205
information and shall be stated in substantially the following 3206
form: 3207

       "Specification (or, specification to the first count). The 3208
grand jury (or insert the person's or prosecuting attorney's name 3209
when appropriate) further find and specify that the offender is a 3210
sexually violent predator." 3211

       (B) In determining for purposes of this section whether a 3212
person is a sexually violent predator, all of the factors set 3213
forth in divisions (H)(1) to (6) of section 2971.01 of the Revised 3214
Code that apply regarding the person may be considered as evidence 3215
tending to indicate that it is likely that the person will engage 3216
in the future in one or more sexually violent offenses. 3217

       (C) As used in this section, "designated homicide, assault, 3218
or kidnapping offense," "violent sex offense," and "sexually 3219
violent predator" have the same meanings as in section 2971.01 of 3220
the Revised Code. 3221

       Sec. 2941.1418. (A) Imposition of a mandatory indefinite 3222
prison term consisting of a minimum term of five years and a 3223
maximum term of twenty-five years upon an offender pursuant to 3224
division (A)(3)(e)(ii) or (B)(2)(a) of section 2971.03 of the 3225
Revised Code is precluded unless the offender is convicted of or 3226
pleads guilty to attempted rape and unless the indictment, count 3227
in the indictment, or information charging the offense specifies 3228
that, had the offender completed the rape that was attempted, the 3229
offender would have been guilty of rape in violation of division 3230
(A)(1)(b) of section 2907.02 of the Revised Code. 3231

       (B) The specification shall be stated at the end of the body 3232
of the indictment, count, or information and shall be stated in 3233
substantially the following form: 3234

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 3235
Grand Jurors (or insert the person's or the prosecuting attorney's 3236
name when appropriate) further find and specify that (set forth 3237
that, had the offender completed the rape that was attempted, the 3238
offender would have been guilty of a violation of division 3239
(A)(1)(b) of section 2907.02 of the Revised Code." 3240

       Sec. 2941.1419. Imposition of a mandatory indefinite prison 3241
term consisting of a minimum term of ten years and a maximum term 3242
of life imprisonment upon an offender pursuant to division 3243
(A)(3)(e)(iii) or (B)(2)(b) of section 2971.03 of the Revised Code 3244
is precluded unless the offender is convicted of or pleads guilty 3245
to attempted rape and unless the indictment, count in the 3246
indictment, or information charging the offense specifies that, 3247
had the offender completed the rape that was attempted, the 3248
offender would have been guilty of rape in violation of division 3249
(A)(1)(b) of section 2907.02 of the Revised Code and either the 3250
victim was under ten years of age or the offender attempted to 3251
commit rape by purposely compelling the victim to submit by force 3252
or threat of force. The specification shall be stated at the end 3253
of the body of the indictment, count, or information and shall be 3254
stated in substantially the following form: 3255

       "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 3256
Grand Jurors (or insert the person's or the prosecuting attorney's 3257
name when appropriate) further find and specify that (set forth 3258
that, had the offender completed the rape that was attempted, the 3259
offender would have been guilty of a violation of division 3260
(A)(1)(b) of section 2907.02 of the Revised Code, and either the 3261
victim was under ten years of age or the offender attempted to 3262
commit rape by purposely compelling the victim to submit by force 3263
or threat of force)." 3264

       Sec. 2941.1420. (A) Imposition of a mandatory indefinite 3265
prison term consisting of a minimum term of fifteen years and a 3266
maximum term of life imprisonment upon an offender pursuant to 3267
division (A)(3)(e)(iv) or (B)(2)(c) of section 2971.03 of the 3268
Revised Code is precluded unless the offender is convicted of or 3269
pleads guilty to attempted rape and unless the indictment, count 3270
in the indictment, or information charging the offense specifies 3271
that, had the offender completed the rape that was attempted, the 3272
offender would have been guilty of rape in violation of division 3273
(A)(1)(b) of section 2907.02 of the Revised Code, and any of the 3274
following apply: 3275

       (1) The offender previously has been convicted of or pleaded 3276
guilty to one of the following: 3277

        (a) Attempted rape and previously has been convicted of or 3278
pleaded guilty to a specification of the type described in this 3279
section or section 2941.1418 or 2941.1419 of the Revised Code; 3280

        (b) Attempted rape under circumstances that are substantially 3281
similar to the circumstances described in this section or section 3282
2941.1419 or 2941.1420 of the Revised Code; 3283

       (c) A violation of an existing or former law of this state, 3284
another state, or the United States that is substantially similar 3285
to any of the offenses described in divisions (A)(1)(a) and (b) of 3286
this section. 3287

       (2) The offender previously has been convicted of or pleaded 3288
guilty to violating division (A)(1)(b) of section 2907.02 of the 3289
Revised Code or to violating a substantially similar existing or 3290
former law of this state, another state, or the United States. 3291

       (3) The offender during or immediately after the commission 3292
of the offense caused serious physical harm to the victim. 3293

       (B) The specification shall be stated at the end of the body 3294
of the indictment, count, or information and shall be stated in 3295
substantially the following form: 3296

        "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The 3297
Grand Jurors (or insert the person's or the prosecuting attorney's 3298
name when appropriate) further find and specify that (set forth 3299
that, had the offender completed the rape that was attempted, the 3300
offender would have been guilty of a violation of division 3301
(A)(1)(b) of section 2907.02 of the Revised Code, and the offender 3302
previously has been convicted of or pleaded guilty to attempted 3303
rape and previously has been convicted of or pleaded guilty to a 3304
specification of the type described in this section or section 3305
2941.1418 or 2941.1419 of the Revised Code, previously has been 3306
convicted of or pleaded guilty to attempted rape under 3307
circumstances that are substantially similar to the circumstances 3308
described in this section or section 2941.1419 or 2941.1420 of the 3309
Revised Code, or previously has been convicted of or pleaded 3310
guilty to violating a substantially similar existing or former law 3311
of this state, another state, or the United States; previously has 3312
been convicted of or pleaded guilty to violating division 3313
(A)(1)(b) of section 2907.02 of the Revised Code or to violating a 3314
substantially similar existing or former law of this state, 3315
another state, or the United States; or the offender during or 3316
immediately after the commission of the offense caused serious 3317
physical harm to the victim)." 3318

       Sec. 2950.01. As used in this chapter, unless the context 3319
clearly requires otherwise: 3320

       (A) "Confinement" includes, but is not limited to, a 3321
community residential sanction imposed pursuant to section 2929.16 3322
or 2929.26 of the Revised Code. 3323

       (B) "Habitual sex offender" means, except when a juvenile 3324
judge removes this classification pursuant to division (A)(2) of 3325
section 2152.84 or division (C)(2) of section 2152.85 of the 3326
Revised Code, a person to whom both of the following apply: 3327

       (1) The person is convicted of or pleads guilty to a sexually 3328
oriented offense that is not a registration-exempt sexually 3329
oriented offense, or the person is adjudicated a delinquent child 3330
for committing on or after January 1, 2002, a sexually oriented 3331
offense that is not a registration-exempt sexually oriented 3332
offense, was fourteen years of age or older at the time of 3333
committing the offense, and is classified a juvenile sex offender 3334
registrant based on that adjudication. 3335

       (2) One of the following applies to the person: 3336

       (a) Regarding a person who is an offender, the person 3337
previously was convicted of or pleaded guilty to one or more 3338
sexually oriented offenses or child-victim oriented offenses or 3339
previously was adjudicated a delinquent child for committing one 3340
or more sexually oriented offenses or child-victim oriented 3341
offenses and was classified a juvenile offender registrant or 3342
out-of-state juvenile offender registrant based on one or more of 3343
those adjudications, regardless of when the offense was committed 3344
and regardless of the person's age at the time of committing the 3345
offense. 3346

       (b) Regarding a delinquent child, the person previously was 3347
convicted of, pleaded guilty to, or was adjudicated a delinquent 3348
child for committing one or more sexually oriented offenses or 3349
child-victim oriented offenses, regardless of when the offense was 3350
committed and regardless of the person's age at the time of 3351
committing the offense. 3352

       (C) "Prosecutor" has the same meaning as in section 2935.01 3353
of the Revised Code. 3354

       (D) "Sexually oriented offense" means any of the following: 3355

       (1) Any of the following violations or offenses committed by 3356
a person eighteen years of age or older: 3357

       (a) Regardless of the age of the victim of the offense, a 3358
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the 3359
Revised Code; 3360

       (b) Any of the following offenses involving a minor, in the 3361
circumstances specified: 3362

       (i) A violation of division (A)(4) of section 2905.01 or 3363
section 2907.04, 2907.06, or 2907.08 of the Revised Code, when the 3364
victim of the offense is under eighteen years of age; 3365

       (ii) A violation of section 2907.21 of the Revised Code when 3366
the person who is compelled, induced, procured, encouraged, 3367
solicited, requested, or facilitated to engage in, paid or agreed 3368
to be paid for, or allowed to engage in the sexual activity in 3369
question is under eighteen years of age; 3370

       (iii) A violation of division (A)(1) or (3) of section 3371
2907.321 or 2907.322 of the Revised Code; 3372

       (iv) A violation of division (A)(1) or (2) of section 3373
2907.323 of the Revised Code; 3374

       (v) A violation of division (B)(5) of section 2919.22 of the 3375
Revised Code when the child who is involved in the offense is 3376
under eighteen years of age; 3377

       (vi) A violation of division (A)(1), (2), (3), or (5) of 3378
section 2905.01, of section 2903.211, 2905.02, 2905.03, or 3379
2905.05, or of former section 2905.04 of the Revised Code, when 3380
the victim of the offense is under eighteen years of age and the 3381
offense is committed with a sexual motivation. 3382

       (c) Regardless of the age of the victim of the offense, a 3383
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the 3384
Revised Code, or of division (A) of section 2903.04 of the Revised 3385
Code, that is committed with a sexual motivation; 3386

       (d) A violent sex offense, or a designated homicide, assault, 3387
or kidnapping offense if the offender also was convicted of or 3388
pleaded guilty to a sexual motivation specification that was 3389
included in the indictment, count in the indictment, or 3390
information charging the designated homicide, assault, or 3391
kidnapping offense; 3392

       (e) A violation of section 2907.06 or 2907.08 of the Revised 3393
Code when the victim of the offense is eighteen years of age or 3394
older, or a violation of section 2903.211 of the Revised Code when 3395
the victim of the offense is eighteen years of age or older and 3396
the offense is committed with a sexual motivation; 3397

       (f) A violation of any former law of this state, any existing 3398
or former municipal ordinance or law of another state or the 3399
United States, any existing or former law applicable in a military 3400
court or in an Indian tribal court, or any existing or former law 3401
of any nation other than the United States, that is or was 3402
substantially equivalent to any offense listed in division 3403
(D)(1)(a), (b), (c), (d), or (e) of this section; 3404

       (g) An attempt to commit, conspiracy to commit, or complicity 3405
in committing any offense listed in division (D)(1)(a), (b), (c), 3406
(d), (e), or (f) of this section. 3407

       (2) An act committed by a person under eighteen years of age 3408
that is any of the following: 3409

       (a) Subject to division (D)(2)(i) of this section, regardless 3410
of the age of the victim of the violation, a violation of section 3411
2907.02, 2907.03, 2907.05, or 2907.07 of the Revised Code; 3412

       (b) Subject to division (D)(2)(i) of this section, any of the 3413
following acts involving a minor in the circumstances specified: 3414

       (i) A violation of division (A)(4) of section 2905.01 or 3415
section 2907.06 or 2907.08 of the Revised Code, when the victim 3416
of the violation is under eighteen years of age; 3417

       (ii) A violation of section 2907.21 of the Revised Code when 3418
the person who is compelled, induced, procured, encouraged, 3419
solicited, requested, or facilitated to engage in, paid or agreed 3420
to be paid for, or allowed to engage in the sexual activity in 3421
question is under eighteen years of age; 3422

       (iii) A violation of division (B)(5) of section 2919.22 of 3423
the Revised Code when the child who is involved in the violation 3424
is under eighteen years of age; 3425

       (iv) A violation of division (A)(1), (2), (3), or (5) of 3426
section 2905.01, section 2903.211, or former section 2905.04 of 3427
the Revised Code, when the victim of the violation is under 3428
eighteen years of age and the offense is committed with a sexual 3429
motivation. 3430

       (c) Subject to division (D)(2)(i) of this section, any of the 3431
following: 3432

       (i) Any violent sex offense that, if committed by an adult, 3433
would be a felony of the first, second, third, or fourth degree; 3434

       (ii) Any designated homicide, assault, or kidnapping offense 3435
if that offense, if committed by an adult, would be a felony of 3436
the first, second, third, or fourth degree and if the court 3437
determined that, if the child was an adult, the child would be 3438
guilty of a sexual motivation specification regarding that 3439
offense. 3440

       (d) Subject to division (D)(2)(i) of this section, a 3441
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or 3442
2905.02 of the Revised Code, a violation of division (A) of 3443
section 2903.04 of the Revised Code, or an attempt to violate any 3444
of those sections or that division that is committed with a sexual 3445
motivation; 3446

       (e) Subject to division (D)(2)(i) of this section, a 3447
violation of division (A)(1) or (3) of section 2907.321, division 3448
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of 3449
section 2907.323 of the Revised Code, or an attempt to violate any 3450
of those divisions, if the person who violates or attempts to 3451
violate the division is four or more years older than the minor 3452
who is the victim of the violation; 3453

       (f) Subject to division (D)(2)(i) of this section, a 3454
violation of section 2907.06 or 2907.08 of the Revised Code when 3455
the victim of the violation is eighteen years of age or older, or 3456
a violation of section 2903.211 of the Revised Code when the 3457
victim of the violation is eighteen years of age or older and the 3458
offense is committed with a sexual motivation; 3459

       (g) Subject to division (D)(2)(i) of this section, any 3460
violation of any former law of this state, any existing or former 3461
municipal ordinance or law of another state or the United States, 3462
any existing or former law applicable in a military court or in an 3463
Indian tribal court, or any existing or former law of any nation 3464
other than the United States, that is or was substantially 3465
equivalent to any offense listed in division (D)(2)(a), (b), (c), 3466
(d), (e), or (f) of this section and that, if committed by an 3467
adult, would be a felony of the first, second, third, or fourth 3468
degree; 3469

       (h) Subject to division (D)(2)(i) of this section, any 3470
attempt to commit, conspiracy to commit, or complicity in 3471
committing any offense listed in division (D)(2)(a), (b), (c), 3472
(d), (e), (f), or (g) of this section; 3473

       (i) If the child's case has been transferred for criminal 3474
prosecution under section 2152.12 of the Revised Code, the act is 3475
any violation listed in division (D)(1)(a), (b), (c), (d), (e), 3476
(f), or (g) of this section or would be any offense listed in any 3477
of those divisions if committed by an adult. 3478

       (E) "Sexual predator" means a person to whom either of the 3479
following applies: 3480

       (1) The person has been convicted of or pleaded guilty to 3481
committing a sexually oriented offense that is not a 3482
registration-exempt sexually oriented offense and is likely to 3483
engage in the future in one or more sexually oriented offenses. 3484

       (2) The person has been adjudicated a delinquent child for 3485
committing a sexually oriented offense that is not a 3486
registration-exempt sexually oriented offense, was fourteen years 3487
of age or older at the time of committing the offense, was 3488
classified a juvenile offender registrant based on that 3489
adjudication, and is likely to engage in the future in one or more 3490
sexually oriented offenses. 3491

       (F) "Supervised release" means a release of an offender from 3492
a prison term, a term of imprisonment, or another type of 3493
confinement that satisfies either of the following conditions: 3494

       (1) The release is on parole, a conditional pardon, under a 3495
community control sanction, under transitional control, or under a 3496
post-release control sanction, and it requires the person to 3497
report to or be supervised by a parole officer, probation officer, 3498
field officer, or another type of supervising officer. 3499

       (2) The release is any type of release that is not described 3500
in division (F)(1) of this section and that requires the person to 3501
report to or be supervised by a probation officer, a parole 3502
officer, a field officer, or another type of supervising officer. 3503

       (G) An offender or delinquent child is "adjudicated as being 3504
a sexual predator" or "adjudicated a sexual predator" if any of 3505
the following applies and if, regarding a delinquent child, that 3506
status has not been removed pursuant to section 2152.84, 2152.85, 3507
or 2950.09 of the Revised Code: 3508

       (1) The offender is convicted of or pleads guilty to 3509
committing, on or after January 1, 1997, a sexually oriented 3510
offense that is not a registration-exempt sexually oriented 3511
offense, ~~the~~and either of the following applies: 3512

       (a) The sexually oriented offense is a violent sex offense or 3513
a designated homicide, assault, or kidnapping offense, and the 3514
offender is adjudicated a sexually violent predator in relation to 3515
that offense. 3516

       (b) The sexually oriented offense is a violation of division 3517
(A)(1)(b) of section 2907.02 of the Revised Code committed on or 3518
after the effective date of this amendment. 3519

       (c) The sexually oriented offense is attempted rape committed 3520
on or after the effective date of this amendment, and the offender 3521
also was convicted of or pleaded guilty to a specification of the 3522
type described in section 2941.1418, 2941.1419, or 2941.1420 of 3523
the Revised Code. 3524

       (2) Regardless of when the sexually oriented offense was 3525
committed, on or after January 1, 1997, the offender is sentenced 3526
for a sexually oriented offense that is not a registration-exempt 3527
sexually oriented offense, and the sentencing judge determines 3528
pursuant to division (B) of section 2950.09 of the Revised Code 3529
that the offender is a sexual predator. 3530

       (3) The delinquent child is adjudicated a delinquent child 3531
for committing a sexually oriented offense that is not a 3532
registration-exempt sexually oriented offense, was fourteen years 3533
of age or older at the time of committing the offense, and has 3534
been classified a juvenile offender registrant based on that 3535
adjudication, and the adjudicating judge or that judge's successor 3536
in office determines pursuant to division (B) of section 2950.09 3537
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of 3538
the Revised Code that the delinquent child is a sexual predator. 3539

       (4) Prior to January 1, 1997, the offender was convicted of 3540
or pleaded guilty to, and was sentenced for, a sexually oriented 3541
offense that is not a registration-exempt sexually oriented 3542
offense, the offender is imprisoned in a state correctional 3543
institution on or after January 1, 1997, and the court determines 3544
pursuant to division (C) of section 2950.09 of the Revised Code 3545
that the offender is a sexual predator. 3546

       (5) Regardless of when the sexually oriented offense was 3547
committed, the offender or delinquent child is convicted of or 3548
pleads guilty to, has been convicted of or pleaded guilty to, or 3549
is adjudicated a delinquent child for committing a sexually 3550
oriented offense that is not a registration-exempt sexually 3551
oriented offense in another state, in a federal court, military 3552
court, or Indian tribal court, or in a court in any nation other 3553
than the United States, as a result of that conviction, plea of 3554
guilty, or adjudication, the offender or delinquent child is 3555
required, under the law of the jurisdiction in which the offender 3556
was convicted or pleaded guilty or the delinquent child was 3557
adjudicated, to register as a sex offender until the offender's or 3558
delinquent child's death, and, on or after July 1, 1997, for 3559
offenders or January 1, 2002, for delinquent children, the 3560
offender or delinquent child moves to and resides in this state or 3561
temporarily is domiciled in this state for more than five days or 3562
the offender is required under section 2950.04 of the Revised Code 3563
to register a school, institution of higher education, or place of 3564
employment address in this state, unless a court of common pleas 3565
or juvenile court determines that the offender or delinquent child 3566
is not a sexual predator pursuant to division (F) of section 3567
2950.09 of the Revised Code. 3568

       (H) "Sexually violent predator specification," "sexually 3569
violent offense," "sexual motivation specification," "designated 3570
homicide, assault, or kidnapping offense," and "violent sex 3571
offense" have the same meanings as in section 2971.01 of the 3572
Revised Code. 3573

       (I) "Post-release control sanction" and "transitional 3574
control" have the same meanings as in section 2967.01 of the 3575
Revised Code. 3576

       (J) "Juvenile offender registrant" means a person who is 3577
adjudicated a delinquent child for committing on or after January 3578
1, 2002, a sexually oriented offense that is not a 3579
registration-exempt sexually oriented offense or a child-victim 3580
oriented offense, who is fourteen years of age or older at the 3581
time of committing the offense, and who a juvenile court judge, 3582
pursuant to an order issued under section 2152.82, 2152.83, 3583
2152.84, or 2152.85 of the Revised Code, classifies a juvenile 3584
offender registrant and specifies has a duty to comply with 3585
sections 2950.04, 2950.05, and 2950.06 of the Revised Code if the 3586
child committed a sexually oriented offense or with sections 3587
2950.041, 2950.05, and 2950.06 of the Revised Code if the child 3588
committed a child-victim oriented offense. "Juvenile offender 3589
registrant" includes a person who, prior to July 31, 2003, was a 3590
"juvenile sex offender registrant" under the former definition of 3591
that former term. 3592

       (K) "Secure facility" means any facility that is designed and 3593
operated to ensure that all of its entrances and exits are locked 3594
and under the exclusive control of its staff and to ensure that, 3595
because of that exclusive control, no person who is 3596
institutionalized or confined in the facility may leave the 3597
facility without permission or supervision. 3598

       (L) "Out-of-state juvenile offender registrant" means a 3599
person who is adjudicated a delinquent child in a court in another 3600
state, in a federal court, military court, or Indian tribal court, 3601
or in a court in any nation other than the United States for 3602
committing a sexually oriented offense that is not a 3603
registration-exempt sexually oriented offense or a child-victim 3604
oriented offense, who on or after January 1, 2002, moves to and 3605
resides in this state or temporarily is domiciled in this state 3606
for more than five days, and who has a duty under section 2950.04 3607
of the Revised Code to register in this state and the duty to 3608
otherwise comply with that section and sections 2950.05 and 3609
2950.06 of the Revised Code if the child committed a sexually 3610
oriented offense or has a duty under section 2950.041 of the 3611
Revised Code to register in this state and the duty to otherwise 3612
comply with that section and sections 2950.05 and 2950.06 of the 3613
Revised Code if the child committed a child-victim oriented 3614
offense. "Out-of-state juvenile offender registrant" includes a 3615
person who, prior to July 31, 2003, was an "out-of-state juvenile 3616
sex offender registrant" under the former definition of that 3617
former term. 3618

       (M) "Juvenile court judge" includes a magistrate to whom the 3619
juvenile court judge confers duties pursuant to division (A)(15) 3620
of section 2151.23 of the Revised Code. 3621

       (N) "Adjudicated a delinquent child for committing a sexually 3622
oriented offense" includes a child who receives a serious youthful 3623
offender dispositional sentence under section 2152.13 of the 3624
Revised Code for committing a sexually oriented offense. 3625

       (O) "Aggravated sexually oriented offense" means a violation 3626
of division (A)(1)(b) of section 2907.02 of the Revised Code 3627
committed on or after June 13, 2002, or a violation of division 3628
(A)(2) of that section committed on or after July 31, 2003. 3629

       (P)(1) "Presumptive registration-exempt sexually oriented 3630
offense" means any of the following sexually oriented offenses 3631
described in division (P)(1)(a), (b), (c), (d), or (e) of this 3632
section, when the offense is committed by a person who previously 3633
has not been convicted of, pleaded guilty to, or adjudicated a 3634
delinquent child for committing any sexually oriented offense 3635
described in division (P)(1)(a), (b), (c), (d), or (e) of this 3636
section, any other sexually oriented offense, or any child-victim 3637
oriented offense and when the victim or intended victim of the 3638
offense is eighteen years of age or older: 3639

       (a) Any sexually oriented offense listed in division 3640
(D)(1)(e) or (D)(2)(f) of this section committed by a person who 3641
is eighteen years of age or older or, subject to division 3642
(P)(1)(e) of this section, committed by a person who is under 3643
eighteen years of age; 3644

       (b) Any violation of any former law of this state, any 3645
existing or former municipal ordinance or law of another state or 3646
the United States, any existing or former law applicable in a 3647
military court or in an Indian tribal court, or any existing or 3648
former law of any nation other than the United States that is 3649
committed by a person who is eighteen years of age or older and 3650
that is or was substantially equivalent to any sexually oriented 3651
offense listed in division (P)(1)(a) of this section; 3652

       (c) Subject to division (P)(1)(e) of this section, any 3653
violation of any former law of this state, any existing or former 3654
municipal ordinance or law of another state or the United States, 3655
any existing or former law applicable in a military court or in an 3656
Indian tribal court, or any existing or former law of any nation 3657
other than the United States that is committed by a person who is 3658
under eighteen years of age, that is or was substantially 3659
equivalent to any sexually oriented offense listed in division 3660
(P)(1)(a) of this section, and that would be a felony of the 3661
fourth degree if committed by an adult; 3662

       (d) Any attempt to commit, conspiracy to commit, or 3663
complicity in committing any offense listed in division (P)(1)(a) 3664
or (b) of this section if the person is eighteen years of age or 3665
older or, subject to division (P)(1)(e) of this section, listed in 3666
division (P)(1)(a) or (c) of this section if the person is under 3667
eighteen years of age. 3668

       (e) Regarding an act committed by a person under eighteen 3669
years of age, if the child's case has been transferred for 3670
criminal prosecution under section 2152.12 of the Revised Code, 3671
the act is any sexually oriented offense listed in division 3672
(P)(1)(a), (b), or (d) of this section. 3673

       (2) "Presumptive registration-exempt sexually oriented 3674
offense" does not include any sexually oriented offense described 3675
in division (P)(1)(a), (b), (c), (d), or (e) of this section that 3676
is committed by a person who previously has been convicted of, 3677
pleaded guilty to, or adjudicated a delinquent child for 3678
committing any sexually oriented offense described in division 3679
(P)(1)(a), (b), (c), (d), or (e) of this section or any other 3680
sexually oriented offense. 3681

       (Q)(1) "Registration-exempt sexually oriented offense" means 3682
any presumptive registration-exempt sexually oriented offense, if 3683
a court does not issue an order under section 2950.021 of the 3684
Revised Code that removes the presumptive exemption and subjects 3685
the offender who was convicted of or pleaded guilty to the offense 3686
to registration under section 2950.04 of the Revised Code and all 3687
other duties and responsibilities generally imposed under this 3688
chapter upon persons who are convicted of or plead guilty to any 3689
sexually oriented offense other than a presumptive 3690
registration-exempt sexually oriented offense or that removes the 3691
presumptive exemption and potentially subjects the child who was 3692
adjudicated a delinquent child for committing the offense to 3693
classification as a juvenile offender registrant under section 3694
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to 3695
registration under section 2950.04 of the Revised Code and all 3696
other duties and responsibilities generally imposed under this 3697
chapter upon persons who are adjudicated delinquent children for 3698
committing a sexually oriented offense other than a presumptive 3699
registration-exempt sexually oriented offense. 3700

        (2) "Registration-exempt sexually oriented offense" does not 3701
include a presumptive registration-exempt sexually oriented 3702
offense if a court issues an order under section 2950.021 of the 3703
Revised Code that removes the presumptive exemption and subjects 3704
the offender or potentially subjects the delinquent child to the 3705
duties and responsibilities described in division (Q)(1) of this 3706
section. 3707

       (R) "School" and "school premises" have the same meanings as 3708
in section 2925.01 of the Revised Code. 3709

       (S)(1) "Child-victim oriented offense" means any of the 3710
following: 3711

       (a) Subject to division (S)(2) of this section, any of the 3712
following violations or offenses committed by a person eighteen 3713
years of age or older, when the victim of the violation is under 3714
eighteen years of age and is not a child of the person who commits 3715
the violation: 3716

       (i) A violation of division (A)(1), (2), (3), or (5) of 3717
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of 3718
former section 2905.04 of the Revised Code; 3719

       (ii) A violation of any former law of this state, any 3720
existing or former municipal ordinance or law of another state or 3721
the United States, any existing or former law applicable in a 3722
military court or in an Indian tribal court, or any existing or 3723
former law of any nation other than the United States, that is or 3724
was substantially equivalent to any offense listed in division 3725
(S)(1)(a)(i) of this section; 3726

       (iii) An attempt to commit, conspiracy to commit, or 3727
complicity in committing any offense listed in division 3728
(S)(1)(a)(i) or (ii) of this section. 3729

       (b) Subject to division (S)(2) of this section, an act 3730
committed by a person under eighteen years of age that is any of 3731
the following, when the victim of the violation is under eighteen 3732
years of age and is not a child of the person who commits the 3733
violation: 3734

       (i) Subject to division (S)(1)(b)(iv) of this section, a 3735
violation of division (A)(1), (2), (3), or (5) of section 2905.01 3736
or of former section 2905.04 of the Revised Code; 3737

       (ii) Subject to division (S)(1)(b)(iv) of this section, any 3738
violation of any former law of this state, any existing or former 3739
municipal ordinance or law of another state or the United States, 3740
any existing or former law applicable in a military court or in an 3741
Indian tribal court, or any existing or former law of any nation 3742
other than the United States, that is or was substantially 3743
equivalent to any offense listed in division (S)(1)(b)(i) of this 3744
section and that, if committed by an adult, would be a felony of 3745
the first, second, third, or fourth degree; 3746

       (iii) Subject to division (S)(1)(b)(iv) of this section, any 3747
attempt to commit, conspiracy to commit, or complicity in 3748
committing any offense listed in division (S)(1)(b)(i) or (ii) of 3749
this section; 3750

       (iv) If the child's case has been transferred for criminal 3751
prosecution under section 2152.12 of the Revised Code, the act is 3752
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of 3753
this section or would be any offense listed in any of those 3754
divisions if committed by an adult. 3755

       (2) "Child-victim oriented offense" does not include any 3756
offense identified in division (S)(1)(a) or (b) of this section 3757
that is a sexually violent offense. An offense identified in 3758
division (S)(1)(a) or (b) of this section that is a sexually 3759
violent offense is within the definition of a sexually oriented 3760
offense. 3761

       (T)(1) "Habitual child-victim offender" means, except when a 3762
juvenile judge removes this classification pursuant to division 3763
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of 3764
the Revised Code, a person to whom both of the following apply: 3765

       (a) The person is convicted of or pleads guilty to a 3766
child-victim oriented offense, or the person is adjudicated a 3767
delinquent child for committing on or after January 1, 2002, a 3768
child-victim oriented offense, was fourteen years of age or older 3769
at the time of committing the offense, and is classified a 3770
juvenile offender registrant based on that adjudication. 3771

       (b) One of the following applies to the person: 3772

       (i) Regarding a person who is an offender, the person 3773
previously was convicted of or pleaded guilty to one or more 3774
child-victim oriented offenses or previously was adjudicated a 3775
delinquent child for committing one or more child-victim oriented 3776
offenses and was classified a juvenile offender registrant or 3777
out-of-state juvenile offender registrant based on one or more of 3778
those adjudications, regardless of when the offense was committed 3779
and regardless of the person's age at the time of committing the 3780
offense. 3781

       (ii) Regarding a delinquent child, the person previously was 3782
convicted of, pleaded guilty to, or was adjudicated a delinquent 3783
child for committing one or more child-victim oriented offenses, 3784
regardless of when the offense was committed and regardless of the 3785
person's age at the time of committing the offense. 3786

       (2) "Habitual child-victim offender" includes a person who 3787
has been convicted of, pleaded guilty to, or adjudicated a 3788
delinquent child for committing, a child-victim oriented offense 3789
and who, on and after July 31, 2003, is automatically classified a 3790
habitual child-victim offender pursuant to division (E) of section 3791
2950.091 of the Revised Code. 3792

       (U) "Child-victim predator" means a person to whom either of 3793
the following applies: 3794

       (1) The person has been convicted of or pleaded guilty to 3795
committing a child-victim oriented offense and is likely to engage 3796
in the future in one or more child-victim oriented offenses. 3797

       (2) The person has been adjudicated a delinquent child for 3798
committing a child-victim oriented offense, was fourteen years of 3799
age or older at the time of committing the offense, was classified 3800
a juvenile offender registrant based on that adjudication, and is 3801
likely to engage in the future in one or more child-victim 3802
oriented offenses. 3803

       (V) An offender or delinquent child is "adjudicated as being 3804
a child-victim predator" or "adjudicated a child-victim predator" 3805
if any of the following applies and if, regarding a delinquent 3806
child, that status has not been removed pursuant to section 3807
2152.84, 2152.85, or 2950.09 of the Revised Code: 3808

       (1) The offender or delinquent child has been convicted of, 3809
pleaded guilty to, or adjudicated a delinquent child for 3810
committing, a child-victim oriented offense and, on and after July 3811
31, 2003, is automatically classified a child-victim predator 3812
pursuant to division (A) of section 2950.091 of the Revised Code. 3813

       (2) Regardless of when the child-victim oriented offense was 3814
committed, on or after July 31, 2003, the offender is sentenced 3815
for a child-victim oriented offense, and the sentencing judge 3816
determines pursuant to division (B) of section 2950.091 of the 3817
Revised Code that the offender is a child-victim predator. 3818

       (3) The delinquent child is adjudicated a delinquent child 3819
for committing a child-victim oriented offense, was fourteen years 3820
of age or older at the time of committing the offense, and has 3821
been classified a juvenile offender registrant based on that 3822
adjudication, and the adjudicating judge or that judge's successor 3823
in office determines pursuant to division (B) of section 2950.09 3824
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of 3825
the Revised Code that the delinquent child is a child-victim 3826
predator. 3827

       (4) Prior to July 31, 2003, the offender was convicted of or 3828
pleaded guilty to a child-victim oriented offense, at the time of 3829
the conviction or guilty plea, the offense was considered a 3830
sexually oriented offense, on or after July 31, 2003, the offender 3831
is serving a term of imprisonment in a state correctional 3832
institution, and the court determines pursuant to division (C) of 3833
section 2950.091 of the Revised Code that the offender is a 3834
child-victim predator. 3835

       (5) Regardless of when the child-victim oriented offense was 3836
committed, the offender or delinquent child is convicted, pleads 3837
guilty, has been convicted, pleaded guilty, or adjudicated a 3838
delinquent child in a court in another state, in a federal court, 3839
military court, or Indian tribal court, or in a court in any 3840
nation other than the United States for committing a child-victim 3841
oriented offense, as a result of that conviction, plea of guilty, 3842
or adjudication, the offender or delinquent child is required 3843
under the law of the jurisdiction in which the offender was 3844
convicted or pleaded guilty or the delinquent child was 3845
adjudicated, to register as a child-victim offender or sex 3846
offender until the offender's or delinquent child's death, and, on 3847
or after July 1, 1997, for offenders or January 1, 2002, for 3848
delinquent children the offender or delinquent child moves to and 3849
resides in this state or temporarily is domiciled in this state 3850
for more than five days or the offender is required under section 3851
2950.041 of the Revised Code to register a school, institution of 3852
higher education, or place of employment address in this state, 3853
unless a court of common pleas or juvenile court determines that 3854
the offender or delinquent child is not a child-victim predator 3855
pursuant to division (F) of section 2950.091 of the Revised Code. 3856

       (W) "Residential premises" means the building in which a 3857
residential unit is located and the grounds upon which that 3858
building stands, extending to the perimeter of the property. 3859
"Residential premises" includes any type of structure in which a 3860
residential unit is located, including, but not limited to, 3861
multi-unit buildings and mobile and manufactured homes. 3862

       (X) "Residential unit" means a dwelling unit for residential 3863
use and occupancy, and includes the structure or part of a 3864
structure that is used as a home, residence, or sleeping place by 3865
one person who maintains a household or two or more persons who 3866
maintain a common household. "Residential unit" does not include a 3867
halfway house or a community-based correctional facility. 3868

       (Y) "Multi-unit building" means a building in which is 3869
located more than twelve residential units that have entry doors 3870
that open directly into the unit from a hallway that is shared 3871
with one or more other units. A residential unit is not considered 3872
located in a multi-unit building if the unit does not have an 3873
entry door that opens directly into the unit from a hallway that 3874
is shared with one or more other units or if the unit is in a 3875
building that is not a multi-unit building as described in this 3876
division. 3877

       (Z) "Community control sanction" has the same meaning as in 3878
section 2929.01 of the Revised Code. 3879

       (AA) "Halfway house" and "community-based correctional 3880
facility" have the same meanings as in section 2929.01 of the 3881
Revised Code. 3882

       (BB) "Adjudicated a sexually violent predator" has the same 3883
meaning as in section 2929.01 of the Revised Code, and a person is 3884
"adjudicated a sexually violent predator" in the same manner and 3885
the same circumstances as are described in that section. 3886

       Sec. 2950.09. (A) If a person is convicted of or pleads 3887
guilty to committing, on or after January 1, 1997, a sexually 3888
oriented offense that is not a registration-exempt sexually 3889
oriented offense, and if the sexually oriented offense is a 3890
violent sex offense or a designated homicide, assault, or 3891
kidnapping offense and the offender is adjudicated a sexually 3892
violent predator in relation to that offense, the conviction of or 3893
plea of guilty to the offense and the adjudication as a sexually 3894
violent predator automatically classifies the offender as a sexual 3895
predator for purposes of this chapter. If a person is convicted of 3896
or pleads guilty to committing on or after the effective date of 3897
this amendment a sexually oriented offense that is a violation of 3898
division (A)(1)(b) of section 2907.02 of the Revised Code, the 3899
conviction of or plea of guilty to the offense automatically 3900
classifies the offender as a sexual predator for purposes of this 3901
chapter. If a person is convicted of or pleads guilty to 3902
committing on or after the effective date of this amendment 3903
attempted rape and also is convicted of or pleads guilty to a 3904
specification of the type described in section 2941.1418, 3905
2941.1419, or 2941.1420 of the Revised Code, the conviction of or 3906
plea of guilty to the offense and the specification automatically 3907
classify the offender as a sexual predator for purposes of this 3908
chapter. If a person is convicted, pleads guilty, or is 3909
adjudicated a delinquent child, in a court in another state, in a 3910
federal court, military court, or Indian tribal court, or in a 3911
court of any nation other than the United States for committing a 3912
sexually oriented offense that is not a registration-exempt 3913
sexually oriented offense, and if, as a result of that conviction, 3914
plea of guilty, or adjudication, the person is required, under the 3915
law of the jurisdiction in which the person was convicted, pleaded 3916
guilty, or was adjudicated, to register as a sex offender until 3917
the person's death, that conviction, plea of guilty, or 3918
adjudication automatically classifies the person as a sexual 3919
predator for the purposes of this chapter, but the person may 3920
challenge that classification pursuant to division (F) of this 3921
section. In all other cases, a person who is convicted of or 3922
pleads guilty to, has been convicted of or pleaded guilty to, or 3923
is adjudicated a delinquent child for committing, a sexually 3924
oriented offense may be classified as a sexual predator for 3925
purposes of this chapter only in accordance with division (B) or 3926
(C) of this section or, regarding delinquent children, divisions 3927
(B) and (C) of section 2152.83 of the Revised Code. 3928

       (B)(1)(a) The judge who is to impose sentence on a person who 3929
is convicted of or pleads guilty to a sexually oriented offense 3930
that is not a registration-exempt sexually oriented offense shall 3931
conduct a hearing to determine whether the offender is a sexual 3932
predator if any of the following circumstances apply: 3933

       (i) Regardless of when the sexually oriented offense was 3934
committed, the offender is to be sentenced on or after January 1, 3935
1997, for a sexually oriented offense that is not a 3936
registration-exempt sexually oriented offense and that is not a 3937
sexually violent offense. 3938

       (ii) Regardless of when the sexually oriented offense was 3939
committed, the offender is to be sentenced on or after January 1, 3940
1997, for a sexually oriented offense that is not a 3941
registration-exempt sexually oriented offense, and that is not a 3942
violation of division (A)(1)(b) of section 2907.02 of the Revised 3943
Code committed on or after the effective date of this amendment, 3944
and that is not attempted rape committed on or after the effective 3945
date of this amendment when the offender also is convicted of or 3946
pleads guilty to a specification of the type described in section 3947
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, and either 3948
of the following applies: the sexually oriented offense is a 3949
violent sex offense other than a violation of division (A)(1)(b) 3950
of section 2907.02 of the Revised Code committed on or after the 3951
effective date of this amendment and other than attempted rape 3952
committed on or after that date when the offender also is 3953
convicted of or pleads guilty to a specification of the type 3954
described in section 2941.1418, 2941.1419, or 2941.1420 of the 3955
Revised Code, and a sexually violent predator specification was 3956
not included in the indictment, count in the indictment, or 3957
information charging the violent sex offense; or the sexually 3958
oriented offense is a designated homicide, assault, or kidnapping 3959
offense and either a sexual motivation specification or a sexually 3960
violent predator specification, or both such specifications, were 3961
not included in the indictment, count in the indictment, or 3962
information charging the designated homicide, assault, or 3963
kidnapping offense. 3964

       (iii) Regardless of when the sexually oriented offense was 3965
committed, the offender is to be sentenced on or after May 7, 3966
2002, for a sexually oriented offense that is not a 3967
registration-exempt sexually oriented offense, and that offender 3968
was acquitted of a sexually violent predator specification that 3969
was included in the indictment, count in the indictment, or 3970
information charging the sexually oriented offense. 3971

       (b) The judge who is to impose or has imposed an order of 3972
disposition upon a child who is adjudicated a delinquent child for 3973
committing on or after January 1, 2002, a sexually oriented 3974
offense that is not a registration-exempt sexually oriented 3975
offense shall conduct a hearing as provided in this division to 3976
determine whether the child is to be classified as a sexual 3977
predator if either of the following applies: 3978

       (i) The judge is required by section 2152.82 or division (A) 3979
of section 2152.83 of the Revised Code to classify the child a 3980
juvenile offender registrant. 3981

       (ii) Division (B) of section 2152.83 of the Revised Code 3982
applies regarding the child, the judge conducts a hearing under 3983
that division for the purposes described in that division, and the 3984
judge determines at that hearing that the child will be classified 3985
a juvenile offender registrant. 3986

       (2) Regarding an offender, the judge shall conduct the 3987
hearing required by division (B)(1)(a) of this section prior to 3988
sentencing and, if the sexually oriented offense for which 3989
sentence is to be imposed is a felony and if the hearing is being 3990
conducted under division (B)(1)(a) of this section, the judge may 3991
conduct it as part of the sentencing hearing required by section 3992
2929.19 of the Revised Code. Regarding a delinquent child, the 3993
judge may conduct the hearing required by division (B)(1)(b) of 3994
this section at the same time as, or separate from, the 3995
dispositional hearing, as specified in the applicable provision of 3996
section 2152.82 or 2152.83 of the Revised Code. The court shall 3997
give the offender or delinquent child and the prosecutor who 3998
prosecuted the offender or handled the case against the delinquent 3999
child for the sexually oriented offense notice of the date, time, 4000
and location of the hearing. At the hearing, the offender or 4001
delinquent child and the prosecutor shall have an opportunity to 4002
testify, present evidence, call and examine witnesses and expert 4003
witnesses, and cross-examine witnesses and expert witnesses 4004
regarding the determination as to whether the offender or 4005
delinquent child is a sexual predator. The offender or delinquent 4006
child shall have the right to be represented by counsel and, if 4007
indigent, the right to have counsel appointed to represent the 4008
offender or delinquent child. 4009

       (3) In making a determination under divisions (B)(1) and (4) 4010
of this section as to whether an offender or delinquent child is a 4011
sexual predator, the judge shall consider all relevant factors, 4012
including, but not limited to, all of the following: 4013

       (a) The offender's or delinquent child's age; 4014

       (b) The offender's or delinquent child's prior criminal or 4015
delinquency record regarding all offenses, including, but not 4016
limited to, all sexual offenses; 4017

       (c) The age of the victim of the sexually oriented offense 4018
for which sentence is to be imposed or the order of disposition is 4019
to be made; 4020

       (d) Whether the sexually oriented offense for which sentence 4021
is to be imposed or the order of disposition is to be made 4022
involved multiple victims; 4023

       (e) Whether the offender or delinquent child used drugs or 4024
alcohol to impair the victim of the sexually oriented offense or 4025
to prevent the victim from resisting; 4026

       (f) If the offender or delinquent child previously has been 4027
convicted of or pleaded guilty to, or been adjudicated a 4028
delinquent child for committing an act that if committed by an 4029
adult would be, a criminal offense, whether the offender or 4030
delinquent child completed any sentence or dispositional order 4031
imposed for the prior offense or act and, if the prior offense or 4032
act was a sex offense or a sexually oriented offense, whether the 4033
offender or delinquent child participated in available programs 4034
for sexual offenders; 4035

       (g) Any mental illness or mental disability of the offender 4036
or delinquent child; 4037

       (h) The nature of the offender's or delinquent child's sexual 4038
conduct, sexual contact, or interaction in a sexual context with 4039
the victim of the sexually oriented offense and whether the sexual 4040
conduct, sexual contact, or interaction in a sexual context was 4041
part of a demonstrated pattern of abuse; 4042

       (i) Whether the offender or delinquent child, during the 4043
commission of the sexually oriented offense for which sentence is 4044
to be imposed or the order of disposition is to be made, displayed 4045
cruelty or made one or more threats of cruelty; 4046

       (j) Any additional behavioral characteristics that contribute 4047
to the offender's or delinquent child's conduct. 4048

       (4) After reviewing all testimony and evidence presented at 4049
the hearing conducted under division (B)(1) of this section and 4050
the factors specified in division (B)(3) of this section, the 4051
court shall determine by clear and convincing evidence whether the 4052
subject offender or delinquent child is a sexual predator. If the 4053
court determines that the subject offender or delinquent child is 4054
not a sexual predator, the court shall specify in the offender's 4055
sentence and the judgment of conviction that contains the sentence 4056
or in the delinquent child's dispositional order, as appropriate, 4057
that the court has determined that the offender or delinquent 4058
child is not a sexual predator and the reason or reasons why the 4059
court determined that the subject offender or delinquent child is 4060
not a sexual predator. If the court determines by clear and 4061
convincing evidence that the subject offender or delinquent child 4062
is a sexual predator, the court shall specify in the offender's 4063
sentence and the judgment of conviction that contains the sentence 4064
or in the delinquent child's dispositional order, as appropriate, 4065
that the court has determined that the offender or delinquent 4066
child is a sexual predator and shall specify that the 4067
determination was pursuant to division (B) of this section. In any 4068
case in which the sexually oriented offense in question is an 4069
aggravated sexually oriented offense, the court shall specify in 4070
the offender's sentence and the judgment of conviction that 4071
contains the sentence that the offender's offense is an aggravated 4072
sexually oriented offense. The offender or delinquent child and 4073
the prosecutor who prosecuted the offender or handled the case 4074
against the delinquent child for the sexually oriented offense in 4075
question may appeal as a matter of right the court's determination 4076
under this division as to whether the offender or delinquent child 4077
is, or is not, a sexual predator. 4078

       (5) A hearing shall not be conducted under division (B) of 4079
this section regarding an offender if ~~the~~any of the following 4080
applies: 4081

       (a) The sexually oriented offense in question is a sexually 4082
violent offense, if the indictment, count in the indictment, or 4083
information charging the offense also included a sexually violent 4084
predator specification, and if the offender is convicted of or 4085
pleads guilty to that sexually violent predator specification. 4086

       (b) The sexually oriented offense in question is a violation 4087
of division (A)(1)(b) of section 2907.02 of the Revised Code 4088
committed on or after the effective date of this amendment. 4089

       (c) The sexually oriented offense in question is attempted 4090
rape committed on or after the effective date of this amendment, 4091
and the offender also was convicted of or pleaded guilty to a 4092
specification of the type described in section 2941.1418, 4093
2941.1419, or 2941.1420 of the Revised Code. 4094

       (C)(1) If a person was convicted of or pleaded guilty to a 4095
sexually oriented offense that is not a registration-exempt 4096
sexually oriented offense prior to January 1, 1997, if the person 4097
was not sentenced for the offense on or after January 1, 1997, and 4098
if, on or after January 1, 1997, the offender is serving a term of 4099
imprisonment in a state correctional institution, the department 4100
of rehabilitation and correction shall do whichever of the 4101
following is applicable: 4102

       (a) If the sexually oriented offense was an offense described 4103
in division (D)(1)(c) of section 2950.01 of the Revised Code or 4104
was a violent sex offense, the department shall notify the court 4105
that sentenced the offender of this fact, and the court shall 4106
conduct a hearing to determine whether the offender is a sexual 4107
predator. 4108

       (b) If division (C)(1)(a) of this section does not apply, the 4109
department shall determine whether to recommend that the offender 4110
be adjudicated a sexual predator. In making a determination under 4111
this division as to whether to recommend that the offender be 4112
adjudicated a sexual predator, the department shall consider all 4113
relevant factors, including, but not limited to, all of the 4114
factors specified in divisions (B)(2) and (3) of this section. If 4115
the department determines that it will recommend that the offender 4116
be adjudicated a sexual predator, it immediately shall send the 4117
recommendation to the court that sentenced the offender. If the 4118
department determines that it will not recommend that the offender 4119
be adjudicated a sexual predator, it immediately shall send its 4120
determination to the court that sentenced the offender. In all 4121
cases, the department shall enter its determination and 4122
recommendation in the offender's institutional record, and the 4123
court shall proceed in accordance with division (C)(2) of this 4124
section. 4125

       (2)(a) If the department of rehabilitation and correction 4126
sends to a court a notice under division (C)(1)(a) of this 4127
section, the court shall conduct a hearing to determine whether 4128
the subject offender is a sexual predator. If, pursuant to 4129
division (C)(1)(b) of this section, the department sends to a 4130
court a recommendation that an offender be adjudicated a sexual 4131
predator, the court is not bound by the department's 4132
recommendation, and the court shall conduct a hearing to determine 4133
whether the offender is a sexual predator. In any case, the court 4134
shall not make a determination as to whether the offender is, or 4135
is not, a sexual predator without a hearing. The court may hold 4136
the hearing and make the determination prior to the offender's 4137
release from imprisonment or at any time within one year following 4138
the offender's release from that imprisonment. 4139

       (b) If, pursuant to division (C)(1)(b) of this section, the 4140
department sends to the court a determination that it is not 4141
recommending that an offender be adjudicated a sexual predator, 4142
the court shall not make any determination as to whether the 4143
offender is, or is not, a sexual predator but shall determine 4144
whether the offender previously has been convicted of or pleaded 4145
guilty to a sexually oriented offense other than the offense in 4146
relation to which the department made its determination or 4147
previously has been convicted of or pleaded guilty to a 4148
child-victim oriented offense. 4149

       The court may conduct a hearing to determine whether the 4150
offender previously has been convicted of or pleaded guilty to a 4151
sexually oriented offense or a child-victim oriented offense but 4152
may make the determination without a hearing. However, if the 4153
court determines that the offender previously has been convicted 4154
of or pleaded guilty to such an offense, it shall not impose a 4155
requirement that the offender be subject to the community 4156
notification provisions contained in sections 2950.10 and 2950.11 4157
of the Revised Code without a hearing. In determining whether to 4158
impose the community notification requirement, the court, in the 4159
circumstances described in division (E)(2) of this section, shall 4160
apply the presumption specified in that division. The court shall 4161
include in the offender's institutional record any determination 4162
made under this division as to whether the offender previously has 4163
been convicted of or pleaded guilty to a sexually oriented offense 4164
or child-victim oriented offense, and, as such, whether the 4165
offender is a habitual sex offender. 4166

        (c) Upon scheduling a hearing under division (C)(2)(a) or (b) 4167
of this section, the court shall give the offender and the 4168
prosecutor who prosecuted the offender for the sexually oriented 4169
offense, or that prosecutor's successor in office, notice of the 4170
date, time, and place of the hearing. If the hearing is scheduled 4171
under division (C)(2)(a) of this section to determine whether the 4172
offender is a sexual predator, the prosecutor who is given the 4173
notice may contact the department of rehabilitation and correction 4174
and request that the department provide to the prosecutor all 4175
information the department possesses regarding the offender that 4176
is relevant and necessary for use in making the determination as 4177
to whether the offender is a sexual predator and that is not 4178
privileged or confidential under law. If the prosecutor makes a 4179
request for that information, the department promptly shall 4180
provide to the prosecutor all information the department possesses 4181
regarding the offender that is not privileged or confidential 4182
under law and that is relevant and necessary for making that 4183
determination. A hearing scheduled under division (C)(2)(a) of 4184
this section to determine whether the offender is a sexual 4185
predator shall be conducted in the manner described in division 4186
(B)(1) of this section regarding hearings conducted under that 4187
division and, in making a determination under this division as to 4188
whether the offender is a sexual predator, the court shall 4189
consider all relevant factors, including, but not limited to, all 4190
of the factors specified in divisions (B)(2) and (3) of this 4191
section. After reviewing all testimony and evidence presented at 4192
the sexual predator hearing and the factors specified in divisions 4193
(B)(2) and (3) of this section, the court shall determine by clear 4194
and convincing evidence whether the offender is a sexual predator. 4195
If the court determines at the sexual predator hearing that the 4196
offender is not a sexual predator, it also shall determine whether 4197
the offender previously has been convicted of or pleaded guilty to 4198
a sexually oriented offense other than the offense in relation to 4199
which the hearing is being conducted. 4200

       Upon making its determinations at the sexual predator 4201
hearing, the court shall proceed as follows: 4202

       (i) If the court determines that the offender is not a sexual 4203
predator and that the offender previously has not been convicted 4204
of or pleaded guilty to a sexually oriented offense other than the 4205
offense in relation to which the hearing is being conducted and 4206
previously has not been convicted of or pleaded guilty to a 4207
child-victim oriented offense, it shall include in the offender's 4208
institutional record its determinations and the reason or reasons 4209
why it determined that the offender is not a sexual predator. 4210

       (ii) If the court determines that the offender is not a 4211
sexual predator but that the offender previously has been 4212
convicted of or pleaded guilty to a sexually oriented offense 4213
other than the offense in relation to which the hearing is being 4214
conducted or previously has been convicted of or pleaded guilty to 4215
a child-victim oriented offense, it shall include in the 4216
offender's institutional record its determination that the 4217
offender is not a sexual predator but is a habitual sex offender 4218
and the reason or reasons why it determined that the offender is 4219
not a sexual predator, shall attach the determinations and the 4220
reason or reasons to the offender's sentence, shall specify that 4221
the determinations were pursuant to division (C) of this section, 4222
shall provide a copy of the determinations and the reason or 4223
reasons to the offender, to the prosecuting attorney, and to the 4224
department of rehabilitation and correction, and may impose a 4225
requirement that the offender be subject to the community 4226
notification provisions contained in sections 2950.10 and 2950.11 4227
of the Revised Code. In determining whether to impose the 4228
community notification requirements, the court, in the 4229
circumstances described in division (E)(2) of this section, shall 4230
apply the presumption specified in that division. The offender 4231
shall not be subject to those community notification provisions 4232
relative to the sexually oriented offense in question if the court 4233
does not so impose the requirement described in this division. If 4234
the court imposes that requirement, the offender may appeal the 4235
judge's determination that the offender is a habitual sex 4236
offender. 4237

       (iii) If the court determines by clear and convincing 4238
evidence that the offender is a sexual predator, it shall enter 4239
its determination in the offender's institutional record, shall 4240
attach the determination to the offender's sentence, shall specify 4241
that the determination was pursuant to division (C) of this 4242
section, and shall provide a copy of the determination to the 4243
offender, to the prosecuting attorney, and to the department of 4244
rehabilitation and correction. The offender and the prosecutor may 4245
appeal as a matter of right the judge's determination under 4246
divisions (C)(2)(a) and (c) of this section as to whether the 4247
offender is, or is not, a sexual predator. 4248

       If the hearing is scheduled under division (C)(2)(b) of this 4249
section to determine whether the offender previously has been 4250
convicted of or pleaded guilty to a sexually oriented offense or a 4251
child-victim oriented offense or whether to subject the offender 4252
to the community notification provisions contained in sections 4253
2950.10 and 2950.11 of the Revised Code, upon making the 4254
determination, the court shall attach the determination or 4255
determinations to the offender's sentence, shall provide a copy to 4256
the offender, to the prosecuting attorney, and to the department 4257
of rehabilitation and correction and may impose a requirement that 4258
the offender be subject to the community notification provisions. 4259
In determining whether to impose the community notification 4260
requirements, the court, in the circumstances described in 4261
division (E)(2) of this section, shall apply the presumption 4262
specified in that division. The offender shall not be subject to 4263
the community notification provisions relative to the sexually 4264
oriented offense in question if the court does not so impose the 4265
requirement described in this division. If the court imposes that 4266
requirement, the offender may appeal the judge's determination 4267
that the offender is a habitual sex offender. 4268

       (3) The changes made in divisions (C)(1) and (2) of this 4269
section that take effect on July 31, 2003, do not require a court 4270
to conduct a new hearing under those divisions for any offender 4271
regarding a sexually oriented offense if, prior to July 31, 2003, 4272
the court previously conducted a hearing under those divisions 4273
regarding that offense to determine whether the offender was a 4274
sexual predator. The changes made in divisions (C)(1) and (2) of 4275
this section that take effect on July 31, 2003, do not require a 4276
court to conduct a hearing under those divisions for any offender 4277
regarding a sexually oriented offense if, prior to July 31, 2003, 4278
and pursuant to those divisions, the department of rehabilitation 4279
and correction recommended that the offender be adjudicated a 4280
sexual predator regarding that offense, and the court denied the 4281
recommendation and determined that the offender was not a sexual 4282
predator without a hearing, provided that this provision does not 4283
apply if the sexually oriented offense in question was an offense 4284
described in division (D)(1)(c) of section 2950.01 of the Revised 4285
Code. 4286

       (D)(1) Division (D)(1) of this section does not apply to any 4287
person who has been convicted of or pleaded guilty to a sexually 4288
oriented offense. Division (D) of this section applies only to 4289
delinquent children as provided in Chapter 2152. of the Revised 4290
Code. A person who has been adjudicated a delinquent child for 4291
committing a sexually oriented offense that is not a 4292
registration-exempt sexually oriented offense and who has been 4293
classified by a juvenile court judge a juvenile offender 4294
registrant or, if applicable, additionally has been determined by 4295
a juvenile court judge to be a sexual predator or habitual sex 4296
offender, may petition the adjudicating court for a 4297
reclassification or declassification pursuant to section 2152.85 4298
of the Revised Code. 4299

        A judge who is reviewing a sexual predator determination for 4300
a delinquent child under section 2152.84 or 2152.85 of the Revised 4301
Code shall comply with this section. At the hearing, the judge 4302
shall consider all relevant evidence and information, including, 4303
but not limited to, the factors set forth in division (B)(3) of 4304
this section. The judge shall not enter a determination that the 4305
delinquent child no longer is a sexual predator unless the judge 4306
determines by clear and convincing evidence that the delinquent 4307
child is unlikely to commit a sexually oriented offense in the 4308
future. If the judge enters a determination under this division 4309
that the delinquent child no longer is a sexual predator, the 4310
judge shall notify the bureau of criminal identification and 4311
investigation of the determination and shall include in the notice 4312
a statement of the reason or reasons why it determined that the 4313
delinquent child no longer is a sexual predator. Upon receipt of 4314
the notification, the bureau promptly shall notify the sheriff 4315
with whom the delinquent child most recently registered under 4316
section 2950.04 or 2950.05 of the Revised Code of the 4317
determination that the delinquent child no longer is a sexual 4318
predator. 4319

       (2) If an offender who has been convicted of or pleaded 4320
guilty to a sexually oriented offense is classified a sexual 4321
predator pursuant to division (A) of this section or has been 4322
adjudicated a sexual predator relative to the offense as described 4323
in division (B) or (C) of this section, subject to division (F) of 4324
this section, the classification or adjudication of the offender 4325
as a sexual predator is permanent and continues in effect until 4326
the offender's death and in no case shall the classification or 4327
adjudication be removed or terminated. 4328

       (E)(1) If a person is convicted of or pleads guilty to 4329
committing, on or after January 1, 1997, a sexually oriented 4330
offense that is not a registration-exempt sexually oriented 4331
offense, the judge who is to impose sentence on the offender shall 4332
determine, prior to sentencing, whether the offender previously 4333
has been convicted of or pleaded guilty to, or adjudicated a 4334
delinquent child for committing, a sexually oriented offense or a 4335
child-victim oriented offense and is a habitual sex offender. The 4336
judge who is to impose or has imposed an order of disposition upon 4337
a child who is adjudicated a delinquent child for committing on or 4338
after January 1, 2002, a sexually oriented offense that is not a 4339
registration-exempt sexually oriented offense shall determine, 4340
prior to entering the order classifying the delinquent child a 4341
juvenile offender registrant, whether the delinquent child 4342
previously has been convicted of or pleaded guilty to, or 4343
adjudicated a delinquent child for committing, a sexually oriented 4344
offense or a child-victim oriented offense and is a habitual sex 4345
offender, if either of the following applies: 4346

       (a) The judge is required by section 2152.82 or division (A) 4347
of section 2152.83 of the Revised Code to classify the child a 4348
juvenile offender registrant; 4349

       (b) Division (B) of section 2152.83 of the Revised Code 4350
applies regarding the child, the judge conducts a hearing under 4351
that division for the purposes described in that division, and the 4352
judge determines at that hearing that the child will be classified 4353
a juvenile offender registrant. 4354

       (2) If, under division (E)(1) of this section, the judge 4355
determines that the offender or delinquent child previously has 4356
not been convicted of or pleaded guilty to, or been adjudicated a 4357
delinquent child for committing, a sexually oriented offense or a 4358
child-victim oriented offense or that the offender otherwise does 4359
not satisfy the criteria for being a habitual sex offender, the 4360
judge shall specify in the offender's sentence or in the order 4361
classifying the delinquent child a juvenile offender registrant 4362
that the judge has determined that the offender or delinquent 4363
child is not a habitual sex offender. 4364

       If, under division (E)(1) of this section, the judge 4365
determines that the offender or delinquent child previously has 4366
been convicted of or pleaded guilty to, or been adjudicated a 4367
delinquent child for committing, a sexually oriented offense or a 4368
child-victim oriented offense and that the offender satisfies all 4369
other criteria for being a habitual sex offender, the offender or 4370
delinquent child is a habitual sex offender or habitual 4371
child-victim offender and the court shall determine whether to 4372
impose a requirement that the offender or delinquent child be 4373
subject to the community notification provisions contained in 4374
sections 2950.10 and 2950.11 of the Revised Code. In making the 4375
determination regarding the possible imposition of the community 4376
notification requirement, if at least two of the sexually oriented 4377
offenses or child-victim oriented offenses that are the basis of 4378
the habitual sex offender or habitual child-victim offender 4379
determination were committed against a victim who was under 4380
eighteen years of age, it is presumed that subjecting the offender 4381
or delinquent child to the community notification provisions is 4382
necessary in order to comply with the determinations, findings, 4383
and declarations of the general assembly regarding sex offenders 4384
and child-victim offenders that are set forth in section 2950.02 4385
of the Revised Code. When a judge determines as described in this 4386
division that an offender or delinquent child is a habitual sex 4387
offender or a habitual child-victim offender, the judge shall 4388
specify in the offender's sentence and the judgment of conviction 4389
that contains the sentence or in the order classifying the 4390
delinquent child a juvenile offender registrant that the judge has 4391
determined that the offender or delinquent child is a habitual sex 4392
offender and may impose a requirement in that sentence and 4393
judgment of conviction or in that order that the offender or 4394
delinquent child be subject to the community notification 4395
provisions contained in sections 2950.10 and 2950.11 of the 4396
Revised Code. Unless the habitual sex offender also has been 4397
adjudicated a sexual predator relative to the sexually oriented 4398
offense in question or the habitual sex offender was convicted of 4399
or pleaded guilty to an aggravated sexually oriented offense, the 4400
offender or delinquent child shall be subject to those community 4401
notification provisions only if the court imposes the requirement 4402
described in this division in the offender's sentence and the 4403
judgment of conviction or in the order classifying the delinquent 4404
child a juvenile offender registrant. If the court determines 4405
pursuant to this division or division (C)(2) of this section that 4406
an offender is a habitual sex offender, the determination is 4407
permanent and continues in effect until the offender's death, and 4408
in no case shall the determination be removed or terminated. 4409

       If a court in another state, a federal court, military court, 4410
or Indian tribal court, or a court in any nation other than the 4411
United States determines a person to be a habitual sex offender in 4412
that jurisdiction, the person is considered to be determined to be 4413
a habitual sex offender in this state. If the court in the other 4414
state, the federal court, military court, or Indian tribal court, 4415
or the court in the nation other than the United States subjects 4416
the habitual sex offender to community notification regarding the 4417
person's place of residence, the person, as much as is 4418
practicable, is subject to the community notification provisions 4419
regarding the person's place of residence that are contained in 4420
sections 2950.10 and 2950.11 of the Revised Code, unless the court 4421
that so subjected the person to community notification determines 4422
that the person no longer is subject to community notification. 4423

       (F)(1) An offender or delinquent child classified as a sexual 4424
predator may petition the court of common pleas or, for a 4425
delinquent child, the juvenile court of the county in which the 4426
offender or delinquent child resides or temporarily is domiciled 4427
to enter a determination that the offender or delinquent child is 4428
not an adjudicated sexual predator in this state for purposes of 4429
the registration and other requirements of this chapter or the 4430
community notification provisions contained in sections 2950.10 4431
and 2950.11 of the Revised Code if all of the following apply: 4432

       (a) The offender or delinquent child was convicted of, 4433
pleaded guilty to, or was adjudicated a delinquent child for 4434
committing, a sexually oriented offense that is not a 4435
registration-exempt sexually oriented offense in another state, in 4436
a federal court, a military court, or Indian tribal court, or in a 4437
court of any nation other than the United States. 4438

       (b) As a result of the conviction, plea of guilty, or 4439
adjudication described in division (F)(1)(a) of this section, the 4440
offender or delinquent child is required under the law of the 4441
jurisdiction under which the offender or delinquent child was 4442
convicted, pleaded guilty, or was adjudicated to register as a sex 4443
offender until the offender's or delinquent child's death. 4444

       (c) The offender or delinquent child was automatically 4445
classified a sexual predator under division (A) of this section in 4446
relation to the conviction, guilty plea, or adjudication described 4447
in division (F)(1)(a) of this section. 4448

       (2) The court may enter a determination that the offender or 4449
delinquent child filing the petition described in division (F)(1) 4450
of this section is not an adjudicated sexual predator in this 4451
state for purposes of the registration and other requirements of 4452
this chapter or the community notification provisions contained in 4453
sections 2950.10 and 2950.11 of the Revised Code only if the 4454
offender or delinquent child proves by clear and convincing 4455
evidence that the requirement of the other jurisdiction that the 4456
offender or delinquent child register as a sex offender until the 4457
offender's or delinquent child's death is not substantially 4458
similar to a classification as a sexual predator for purposes of 4459
this chapter. If the court enters a determination that the 4460
offender or delinquent child is not an adjudicated sexual predator 4461
in this state for those purposes, the court shall include in the 4462
determination a statement of the reason or reasons why it so 4463
determined. 4464

       (G) If, prior to ~~the effective date of this section~~July 31, 4465
2003, an offender or delinquent child was adjudicated a sexual 4466
predator or was determined to be a habitual sex offender under 4467
this section or section 2152.82, 2152.83, 2152.84, or 2152.85 of 4468
the Revised Code and if, on and after July 31, 2003, the sexually 4469
oriented offense upon which the classification or determination 4470
was based no longer is considered a sexually oriented offense but 4471
instead is a child-victim oriented offense, notwithstanding the 4472
redesignation of that offense, on and after July 31, 2003, all of 4473
the following apply: 4474

       (1) Divisions (A)(1) or (2) or (E)(1) and (2) of section 4475
2950.091 of the Revised Code apply regarding the offender or 4476
child, and the judge's classification or determination made prior 4477
to July 31, 2003, shall be considered for all purposes to be a 4478
classification or determination that classifies the offender or 4479
child as described in those divisions. 4480

       (2) The offender's or child's classification or determination 4481
under divisions (A)(1) or (2) or (E)(1) and (2) of section 4482
2950.091 of the Revised Code shall be considered, for purposes of 4483
section 2950.07 of the Revised Code and for all other purposes, to 4484
be a continuation of the classification or determination made 4485
prior to July 31, 2003. 4486

       (3) The offender's or child's duties under this chapter 4487
relative to that classification or determination shall be 4488
considered for all purposes to be a continuation of the duties 4489
related to that classification or determination as they existed 4490
prior to July 31, 2003. 4491

       Sec. 2950.11. (A) As used in this section, "specified 4492
geographical notification area" means the geographic area or areas 4493
within which the attorney general, by rule adopted under section 4494
2950.13 of the Revised Code, requires the notice described in 4495
division (B) of this section to be given to the persons identified 4496
in divisions (A)(2) to (8) of this section. If a person is 4497
convicted of or pleads guilty to, or has been convicted of or 4498
pleaded guilty to, either a sexually oriented offense that is not 4499
a registration-exempt sexually oriented offense or a child-victim 4500
oriented offense, or a person is adjudicated a delinquent child 4501
for committing either a sexually oriented offense that is not a 4502
registration-exempt sexually oriented offense or a child-victim 4503
oriented offense and is classified a juvenile offender registrant 4504
or is an out-of-state juvenile offender registrant based on that 4505
adjudication, and if the offender or delinquent child is in any 4506
category specified in division (F)(1)(a), (b), or (c) of this 4507
section, the sheriff with whom the offender or delinquent child 4508
has most recently registered under section 2950.04, 2950.041, or 4509
2950.05 of the Revised Code and the sheriff to whom the offender 4510
or delinquent child most recently sent a notice of intent to 4511
reside under section 2950.04 or 2950.041 of the Revised Code, 4512
within the period of time specified in division (C) of this 4513
section, shall provide a written notice containing the information 4514
set forth in division (B) of this section to all of the persons 4515
described in divisions (A)(1) to (9) of this section. If the 4516
sheriff has sent a notice to the persons described in those 4517
divisions as a result of receiving a notice of intent to reside 4518
and if the offender or delinquent child registers a residence 4519
address that is the same residence address described in the notice 4520
of intent to reside, the sheriff is not required to send an 4521
additional notice when the offender or delinquent child registers. 4522
The sheriff shall provide the notice to all of the following 4523
persons: 4524

       (1)(a) Any occupant of each residential unit that is located 4525
within one thousand feet of the offender's or delinquent child's 4526
residential premises, that is located within the county served by 4527
the sheriff, and that is not located in a multi-unit building. 4528
Division (D)(3) of this section applies regarding notices required 4529
under this division. 4530

       (b) If the offender or delinquent child resides in a 4531
multi-unit building, any occupant of each residential unit that is 4532
located in that multi-unit building and that shares a common 4533
hallway with the offender or delinquent child. For purposes of 4534
this division, an occupant's unit shares a common hallway with the 4535
offender or delinquent child if the entrance door into the 4536
occupant's unit is located on the same floor and opens into the 4537
same hallway as the entrance door to the unit the offender or 4538
delinquent child occupies. Division (D)(3) of this section applies 4539
regarding notices required under this division. 4540

       (c) The building manager, or the person the building owner or 4541
condominium unit owners association authorizes to exercise 4542
management and control, of each multi-unit building that is 4543
located within one thousand feet of the offender's or delinquent 4544
child's residential premises, including a multi-unit building in 4545
which the offender or delinquent child resides, and that is 4546
located within the county served by the sheriff. In addition to 4547
notifying the building manager or the person authorized to 4548
exercise management and control in the multi-unit building under 4549
this division, the sheriff shall post a copy of the notice 4550
prominently in each common entryway in the building and any other 4551
location in the building the sheriff determines appropriate. The 4552
manager or person exercising management and control of the 4553
building shall permit the sheriff to post copies of the notice 4554
under this division as the sheriff determines appropriate. In lieu 4555
of posting copies of the notice as described in this division, a 4556
sheriff may provide notice to all occupants of the multi-unit 4557
building by mail or personal contact; if the sheriff so notifies 4558
all the occupants, the sheriff is not required to post copies of 4559
the notice in the common entryways to the building. Division 4560
(D)(3) of this section applies regarding notices required under 4561
this division. 4562

       (d) All additional persons who are within any category of 4563
neighbors of the offender or delinquent child that the attorney 4564
general by rule adopted under section 2950.13 of the Revised Code 4565
requires to be provided the notice and who reside within the 4566
county served by the sheriff; 4567

       (2) The executive director of the public children services 4568
agency that has jurisdiction within the specified geographical 4569
notification area and that is located within the county served by 4570
the sheriff; 4571

       (3)(a) The superintendent of each board of education of a 4572
school district that has schools within the specified geographical 4573
notification area and that is located within the county served by 4574
the sheriff; 4575

       (b) The principal of the school within the specified 4576
geographical notification area and within the county served by the 4577
sheriff that the delinquent child attends; 4578

       (c) If the delinquent child attends a school outside of the 4579
specified geographical notification area or outside of the school 4580
district where the delinquent child resides, the superintendent of 4581
the board of education of a school district that governs the 4582
school that the delinquent child attends and the principal of the 4583
school that the delinquent child attends. 4584

       (4)(a) The appointing or hiring officer of each chartered 4585
nonpublic school located within the specified geographical 4586
notification area and within the county served by the sheriff or 4587
of each other school located within the specified geographical 4588
notification area and within the county served by the sheriff and 4589
that is not operated by a board of education described in division 4590
(A)(3) of this section; 4591

       (b) Regardless of the location of the school, the appointing 4592
or hiring officer of a chartered nonpublic school that the 4593
delinquent child attends. 4594

       (5) The director, head teacher, elementary principal, or site 4595
administrator of each preschool program governed by Chapter 3301. 4596
of the Revised Code that is located within the specified 4597
geographical notification area and within the county served by the 4598
sheriff; 4599

       (6) The administrator of each child day-care center or type A 4600
family day-care home that is located within the specified 4601
geographical notification area and within the county served by the 4602
sheriff, and the provider of each certified type B family day-care 4603
home that is located within the specified geographical 4604
notification area and within the county served by the sheriff. As 4605
used in this division, "child day-care center," "type A family 4606
day-care home," and "certified type B family day-care home" have 4607
the same meanings as in section 5104.01 of the Revised Code. 4608

       (7) The president or other chief administrative officer of 4609
each institution of higher education, as defined in section 4610
2907.03 of the Revised Code, that is located within the specified 4611
geographical notification area and within the county served by the 4612
sheriff, and the chief law enforcement officer of the state 4613
university law enforcement agency or campus police department 4614
established under section 3345.04 or 1713.50 of the Revised Code, 4615
if any, that serves that institution; 4616

       (8) The sheriff of each county that includes any portion of 4617
the specified geographical notification area; 4618

       (9) If the offender or delinquent child resides within the 4619
county served by the sheriff, the chief of police, marshal, or 4620
other chief law enforcement officer of the municipal corporation 4621
in which the offender or delinquent child resides or, if the 4622
offender or delinquent child resides in an unincorporated area, 4623
the constable or chief of the police department or police district 4624
police force of the township in which the offender or delinquent 4625
child resides. 4626

       (B) The notice required under division (A) of this section 4627
shall include all of the following information regarding the 4628
subject offender or delinquent child: 4629

       (1) The offender's or delinquent child's name; 4630

       (2) The address or addresses of the offender's residence, 4631
school, institution of higher education, or place of employment, 4632
as applicable, or the delinquent child's residence address or 4633
addresses; 4634

       (3) The sexually oriented offense or child-victim oriented 4635
offense of which the offender was convicted, to which the offender 4636
pleaded guilty, or for which the child was adjudicated a 4637
delinquent child; 4638

       (4) All of the following statements that are applicable: 4639

       (a) A statement that the offender has been adjudicated a 4640
sexual predator, a statement that the offender has been convicted 4641
of or pleaded guilty to an aggravated sexually oriented offense, a 4642
statement that the delinquent child has been adjudicated a sexual 4643
predator and that, as of the date of the notice, the court has not 4644
entered a determination that the delinquent child no longer is a 4645
sexual predator, or a statement that the sentencing or reviewing 4646
judge has determined that the offender or delinquent child is a 4647
habitual sex offender and that, as of the date of the notice, the 4648
determination regarding a delinquent child has not been removed 4649
pursuant to section 2152.84 or 2152.85 of the Revised Code; 4650

       (b) A statement that the offender has been adjudicated a 4651
child-victim predator, a statement that the delinquent child has 4652
been adjudicated a child-victim predator and that, as of the date 4653
of the notice, the court has not entered a determination that the 4654
delinquent child no longer is a child-victim predator, or a 4655
statement that the sentencing or reviewing judge has determined 4656
that the offender or delinquent child is a habitual child-victim 4657
offender and that, as of the date of the notice, the determination 4658
regarding a delinquent child has not been removed pursuant to 4659
section 2152.84 or 2152.85 of the Revised Code; 4660

       (5) The offender's or delinquent child's photograph. 4661

       (C) If a sheriff with whom an offender or delinquent child 4662
registers under section 2950.04, 2950.041, or 2950.05 of the 4663
Revised Code or to whom the offender or delinquent child most 4664
recently sent a notice of intent to reside under section 2950.04 4665
or 2950.041 of the Revised Code is required by division (A) of 4666
this section to provide notices regarding an offender or 4667
delinquent child and if, pursuant to that requirement, the sheriff 4668
provides a notice to a sheriff of one or more other counties in 4669
accordance with division (A)(8) of this section, the sheriff of 4670
each of the other counties who is provided notice under division 4671
(A)(8) of this section shall provide the notices described in 4672
divisions (A)(1) to (7) and (A)(9) of this section to each person 4673
or entity identified within those divisions that is located within 4674
the specified geographical notification area and within the county 4675
served by the sheriff in question. 4676

       (D)(1) A sheriff required by division (A) or (C) of this 4677
section to provide notices regarding an offender or delinquent 4678
child shall provide the notice to the neighbors that are described 4679
in division (A)(1) of this section and the notices to law 4680
enforcement personnel that are described in divisions (A)(8) and 4681
(9) of this section as soon as practicable, but no later than five 4682
days after the offender sends the notice of intent to reside to 4683
the sheriff and again no later than five days after the offender 4684
or delinquent child registers with the sheriff or, if the sheriff 4685
is required by division (C) of this section to provide the 4686
notices, no later than five days after the sheriff is provided the 4687
notice described in division (A)(8) of this section. 4688

       A sheriff required by division (A) or (C) of this section to 4689
provide notices regarding an offender or delinquent child shall 4690
provide the notices to all other specified persons that are 4691
described in divisions (A)(2) to (7) of this section as soon as 4692
practicable, but not later than seven days after the offender or 4693
delinquent child registers with the sheriff or, if the sheriff is 4694
required by division (C) of this section to provide the notices, 4695
no later than five days after the sheriff is provided the notice 4696
described in division (A)(8) of this section. 4697

       (2) If an offender or delinquent child in relation to whom 4698
division (A) of this section applies verifies the offender's or 4699
delinquent child's current residence, school, institution of 4700
higher education, or place of employment address, as applicable, 4701
with a sheriff pursuant to section 2950.06 of the Revised Code, 4702
the sheriff may provide a written notice containing the 4703
information set forth in division (B) of this section to the 4704
persons identified in divisions (A)(1) to (9) of this section. If 4705
a sheriff provides a notice pursuant to this division to the 4706
sheriff of one or more other counties in accordance with division 4707
(A)(8) of this section, the sheriff of each of the other counties 4708
who is provided the notice under division (A)(8) of this section 4709
may provide, but is not required to provide, a written notice 4710
containing the information set forth in division (B) of this 4711
section to the persons identified in divisions (A)(1) to (7) and 4712
(A)(9) of this section. 4713

       (3) A sheriff may provide notice under division (A)(1)(a) or 4714
(b) of this section, and may provide notice under division 4715
(A)(1)(c) of this section to a building manager or person 4716
authorized to exercise management and control of a building, by 4717
mail, by personal contact, or by leaving the notice at or under 4718
the entry door to a residential unit. For purposes of divisions 4719
(A)(1)(a) and (b) of this section, and the portion of division 4720
(A)(1)(c) of this section relating to the provision of notice to 4721
occupants of a multi-unit building by mail or personal contact, 4722
the provision of one written notice per unit is deemed as 4723
providing notice to all occupants of that unit. 4724

       (E) All information that a sheriff possesses regarding a 4725
sexual predator, a habitual sex offender, a child-victim predator, 4726
or a habitual child-victim offender that is described in division 4727
(B) of this section and that must be provided in a notice required 4728
under division (A) or (C) of this section or that may be provided 4729
in a notice authorized under division (D)(2) of this section is a 4730
public record that is open to inspection under section 149.43 of 4731
the Revised Code. 4732

        The sheriff shall not cause to be publicly disseminated by 4733
means of the internet any of the information described in this 4734
division that is provided by a sexual predator, habitual sex 4735
offender, child-victim predator, or habitual child-victim offender 4736
who is a juvenile offender registrant, except when the act that is 4737
the basis of the child's classification as a juvenile offender 4738
registrant is a violation of, or an attempt to commit a violation 4739
of, section 2903.01, 2903.02, or 2905.01 of the Revised Code that 4740
was committed with a purpose to gratify the sexual needs or 4741
desires of the child, a violation of section 2907.02 of the 4742
Revised Code, or an attempt to commit a violation of that section. 4743

       (F)(1) The duties to provide the notices described in 4744
divisions (A) and (C) of this section apply regarding any offender 4745
or delinquent child who is in any of the following categories, if 4746
the other criteria set forth in division (A) or (C) of this 4747
section, whichever is applicable, are satisfied: 4748

       (a) The offender or delinquent child has been adjudicated a 4749
sexual predator relative to the sexually oriented offense for 4750
which the offender or delinquent child has the duty to register 4751
under section 2950.04 of the Revised Code or has been adjudicated 4752
a child-victim predator relative to the child-victim oriented 4753
offense for which the offender or child has the duty to register 4754
under section 2950.041 of the Revised Code, and the court has not 4755
subsequently determined pursuant to section 2152.84 or 2152.85 of 4756
the Revised Code regarding a delinquent child that the delinquent 4757
child no longer is a sexual predator or no longer is a 4758
child-victim predator, whichever is applicable. 4759

       (b) The offender or delinquent child has been determined 4760
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, 4761
division (B) of section 2152.83, section 2152.84, or section 4762
2152.85 of the Revised Code to be a habitual sex offender or a 4763
habitual child-victim offender, the court has imposed a 4764
requirement under that division or section subjecting the habitual 4765
sex offender or habitual child-victim offender to this section, 4766
and the determination has not been removed pursuant to section 4767
2152.84 or 2152.85 of the Revised Code regarding a delinquent 4768
child. 4769

       (c) The sexually oriented offense for which the offender has 4770
the duty to register under section 2950.04 of the Revised Code is 4771
an aggravated sexually oriented offense, regardless of whether the 4772
offender has been adjudicated a sexual predator relative to the 4773
offense or has been determined to be a habitual sex offender. 4774

       (2) The notification provisions of this section do not apply 4775
regarding a person who is convicted of or pleads guilty to, has 4776
been convicted of or pleaded guilty to, or is adjudicated a 4777
delinquent child for committing, a sexually oriented offense or a 4778
child-victim oriented offense, who is not in the category 4779
specified in either division (F)(1)(a) or (c) of this section, and 4780
who is determined pursuant to division (C)(2) or (E) of section 4781
2950.09 or 2950.091, division (B) of section 2152.83, section 4782
2152.84, or section 2152.85 of the Revised Code to be a habitual 4783
sex offender or habitual child-victim offender unless the 4784
sentencing or reviewing court imposes a requirement in the 4785
offender's sentence and in the judgment of conviction that 4786
contains the sentence or in the delinquent child's adjudication, 4787
or imposes a requirement as described in division (C)(2) of 4788
section 2950.09 or 2950.091 of the Revised Code, that subjects the 4789
offender or the delinquent child to the provisions of this 4790
section. 4791

       (G) The department of job and family services shall compile, 4792
maintain, and update in January and July of each year, a list of 4793
all agencies, centers, or homes of a type described in division 4794
(A)(2) or (6) of this section that contains the name of each 4795
agency, center, or home of that type, the county in which it is 4796
located, its address and telephone number, and the name of an 4797
administrative officer or employee of the agency, center, or home. 4798
The department of education shall compile, maintain, and update in 4799
January and July of each year, a list of all boards of education, 4800
schools, or programs of a type described in division (A)(3), (4), 4801
or (5) of this section that contains the name of each board of 4802
education, school, or program of that type, the county in which it 4803
is located, its address and telephone number, the name of the 4804
superintendent of the board or of an administrative officer or 4805
employee of the school or program, and, in relation to a board of 4806
education, the county or counties in which each of its schools is 4807
located and the address of each such school. The Ohio board of 4808
regents shall compile, maintain, and update in January and July of 4809
each year, a list of all institutions of a type described in 4810
division (A)(7) of this section that contains the name of each 4811
such institution, the county in which it is located, its address 4812
and telephone number, and the name of its president or other chief 4813
administrative officer. A sheriff required by division (A) or (C) 4814
of this section, or authorized by division (D)(2) of this section, 4815
to provide notices regarding an offender or delinquent child, or a 4816
designee of a sheriff of that type, may request the department of 4817
job and family services, department of education, or Ohio board of 4818
regents, by telephone, in person, or by mail, to provide the 4819
sheriff or designee with the names, addresses, and telephone 4820
numbers of the appropriate persons and entities to whom the 4821
notices described in divisions (A)(2) to (7) of this section are 4822
to be provided. Upon receipt of a request, the department or board 4823
shall provide the requesting sheriff or designee with the names, 4824
addresses, and telephone numbers of the appropriate persons and 4825
entities to whom those notices are to be provided. 4826

       (H)(1) Upon the motion of the offender or the prosecuting 4827
attorney of the county in which the offender was convicted of or 4828
pleaded guilty to the sexually oriented offense or child-victim 4829
oriented offense for which the offender is subject to community 4830
notification under this section, or upon the motion of the 4831
sentencing judge or that judge's successor in office, the judge 4832
may schedule a hearing to determine whether the interests of 4833
justice would be served by suspending the community notification 4834
requirement under this section in relation to the offender. The 4835
judge may dismiss the motion without a hearing but may not issue 4836
an order suspending the community notification requirement without 4837
a hearing. At the hearing, all parties are entitled to be heard, 4838
and the judge shall consider all of the factors set forth in 4839
division (B)(3) of section 2950.09 of the Revised Code. If, at the 4840
conclusion of the hearing, the judge finds that the offender has 4841
proven by clear and convincing evidence that the offender is 4842
unlikely to commit in the future a sexually oriented offense or a 4843
child-victim oriented offense and if the judge finds that 4844
suspending the community notification requirement is in the 4845
interests of justice, the judge may suspend the application of 4846
this section in relation to the offender. The order shall contain 4847
both of these findings. 4848

       The judge promptly shall serve a copy of the order upon the 4849
sheriff with whom the offender most recently registered under 4850
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon 4851
the bureau of criminal identification and investigation. 4852

        An order suspending the community notification requirement 4853
does not suspend or otherwise alter an offender's duties to comply 4854
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 4855
Revised Code and does not suspend the victim notification 4856
requirement under section 2950.10 of the Revised Code. 4857

        (2) A prosecuting attorney, a sentencing judge or that 4858
judge's successor in office, and an offender who is subject to the 4859
community notification requirement under this section may 4860
initially make a motion under division (H)(1) of this section upon 4861
the expiration of twenty years after the offender's duty to comply 4862
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the 4863
Revised Code begins in relation to the offense for which the 4864
offender is subject to community notification. After the initial 4865
making of a motion under division (H)(1) of this section, 4866
thereafter, the prosecutor, judge, and offender may make a 4867
subsequent motion under that division upon the expiration of five 4868
years after the judge has entered an order denying the initial 4869
motion or the most recent motion made under that division. 4870

        (3) The offender and the prosecuting attorney have the right 4871
to appeal an order approving or denying a motion made under 4872
division (H)(1) of this section. 4873

        (4) ~~Division~~Divisions (H) (1) to (3) of this section ~~does~~do 4874
not apply to any of the following types of offender: 4875

        (a) A person who is convicted of or pleads guilty to a 4876
violent sex offense or designated homicide, assault, or kidnapping 4877
offense and who, in relation to that offense, is adjudicated a 4878
sexually violent predator; 4879

        (b) A person who is convicted of or pleads guilty to a 4880
sexually oriented offense that is a violation of division 4881
(A)(1)(b) of section 2907.02 of the Revised Code committed on or 4882
after the effective date of this amendment; 4883

       (c) A person who is convicted of or pleads guilty to a 4884
sexually oriented offense that is attempted rape committed on or 4885
after the effective date of this amendment and who also is 4886
convicted of or pleads guilty to a specification of the type 4887
described in section 2941.1418, 2941.1419, or 2941.1420 of the 4888
Revised Code; 4889

       (d) A habitual sex offender or habitual child-victim oriented 4890
offender who is subject to community notification who, subsequent 4891
to being subjected to community notification, has pleaded guilty 4892
to or been convicted of a sexually oriented offense or a 4893
child-victim oriented offense; 4894

       ~~(c)~~(e) A sexual predator or child-victim predator who is not 4895
adjudicated a sexually violent predator who, subsequent to being 4896
subjected to community notification, has pleaded guilty to or been 4897
convicted of a sexually oriented offense or child-victim oriented 4898
offense. 4899

       (I) If a person is convicted of or pleads guilty to, or has 4900
been convicted of or pleaded guilty to, either a sexually oriented 4901
offense that is not a registration-exempt sexually oriented 4902
offense or a child-victim oriented offense, or a person is 4903
adjudicated a delinquent child for committing either a sexually 4904
oriented offense that is not a registration-exempt sexually 4905
oriented offense or a child-victim oriented offense and is 4906
classified a juvenile offender registrant or is an out-of-state 4907
juvenile offender registrant based on that adjudication, and if 4908
the offender or delinquent child is not in any category specified 4909
in division (F)(1)(a), (b), or (c) of this section, the sheriff 4910
with whom the offender or delinquent child has most recently 4911
registered under section 2950.04, 2950.041, or 2950.05 of the 4912
Revised Code and the sheriff to whom the offender or delinquent 4913
child most recently sent a notice of intent to reside under 4914
section 2950.04 or 2950.041 of the Revised Code, within the period 4915
of time specified in division (D) of this section, shall provide a 4916
written notice containing the information set forth in division 4917
(B) of this section to the executive director of the public 4918
children services agency that has jurisdiction within the 4919
specified geographical notification area and that is located 4920
within the county served by the sheriff. 4921

       Sec. 2950.13. (A) The attorney general shall do all of the 4922
following: 4923

       (1) No later than July 1, 1997, establish and maintain a 4924
state registry of sex offenders and child-victim offenders that is 4925
housed at the bureau of criminal identification and investigation 4926
and that contains all of the registration, change of residence, 4927
school, institution of higher education, or place of employment 4928
address, and verification information the bureau receives pursuant 4929
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised 4930
Code regarding a person who is convicted of or pleads guilty to, 4931
or has been convicted of or pleaded guilty to, either a sexually 4932
oriented offense that is not a registration-exempt sexually 4933
oriented offense or a child-victim oriented offense or a person 4934
who is adjudicated a delinquent child for committing either a 4935
sexually oriented offense that is not a registration-exempt 4936
sexually oriented offense or a child-victim oriented offense and 4937
is classified a juvenile offender registrant or is an 4938
out-of-state juvenile offender registrant based on that 4939
adjudication, and all of the information the bureau receives 4940
pursuant to section 2950.14 of the Revised Code. For a person who 4941
was convicted of or pleaded guilty to the sexually oriented 4942
offense or child-victim related offense, the registry also shall 4943
indicate whether the person was convicted of or pleaded guilty to 4944
the offense in a criminal prosecution or in a serious youthful 4945
offender case. 4946

       (2) In consultation with local law enforcement 4947
representatives and no later than July 1, 1997, adopt rules that 4948
contain guidelines necessary for the implementation of this 4949
chapter; 4950

       (3) In consultation with local law enforcement 4951
representatives, adopt rules for the implementation and 4952
administration of the provisions contained in section 2950.11 of 4953
the Revised Code that pertain to the notification of neighbors of 4954
an offender or a delinquent child who has committed a sexually 4955
oriented offense that is not a registration-exempt sexually 4956
oriented offense and has been adjudicated a sexual predator or 4957
determined to be a habitual sex offender, an offender who has 4958
committed an aggravated sexually oriented offense, or an offender 4959
or delinquent child who has committed a child-victim oriented 4960
offense and has been adjudicated a child-victim predator or 4961
determined to be a habitual child-victim offender, and rules that 4962
prescribe a manner in which victims of either a sexually oriented 4963
offense that is not a registration-exempt sexually oriented 4964
offense or a child-victim oriented offense committed by an 4965
offender or a delinquent child who has been adjudicated a sexual 4966
predator or determined to be a habitual sex offender, an offender 4967
who has committed an aggravated sexually oriented offense, or an 4968
offender or delinquent child who has committed a child-victim 4969
oriented offense and has been adjudicated a child-victim predator 4970
or determined to be a habitual child-victim offender may make a 4971
request that specifies that the victim would like to be provided 4972
the notices described in divisions (A)(1) and (2) of section 4973
2950.10 of the Revised Code; 4974

       (4) In consultation with local law enforcement 4975
representatives and through the bureau of criminal identification 4976
and investigation, prescribe the forms to be used by judges and 4977
officials pursuant to section 2950.03 of the Revised Code to 4978
advise offenders and delinquent children of their duties of filing 4979
a notice of intent to reside, registration, notification of a 4980
change of residence, school, institution of higher education, or 4981
place of employment address and registration of the new, school, 4982
institution of higher education, or place of employment address, 4983
as applicable, and address verification under sections 2950.04, 4984
2950.041, 2950.05, and 2950.06 of the Revised Code, and prescribe 4985
the forms to be used by sheriffs relative to those duties of 4986
filing a notice of intent to reside, registration, change of 4987
residence, school, institution of higher education, or place of 4988
employment address notification, and address verification; 4989

       (5) Make copies of the forms prescribed under division (A)(4) 4990
of this section available to judges, officials, and sheriffs; 4991

       (6) Through the bureau of criminal identification and 4992
investigation, provide the notifications, the information, and the 4993
documents that the bureau is required to provide to appropriate 4994
law enforcement officials and to the federal bureau of 4995
investigation pursuant to sections 2950.04, 2950.041, 2950.05, and 4996
2950.06 of the Revised Code; 4997

       (7) Through the bureau of criminal identification and 4998
investigation, maintain the verification forms returned under the 4999
address verification mechanism set forth in section 2950.06 of the 5000
Revised Code; 5001

       (8) In consultation with representatives of the officials, 5002
judges, and sheriffs, adopt procedures for officials, judges, and 5003
sheriffs to use to forward information, photographs, and 5004
fingerprints to the bureau of criminal identification and 5005
investigation pursuant to the requirements of sections 2950.03, 5006
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code; 5007

       (9) In consultation with the director of education, the 5008
director of job and family services, and the director of 5009
rehabilitation and correction, adopt rules that contain guidelines 5010
to be followed by boards of education of a school district, 5011
chartered nonpublic schools or other schools not operated by a 5012
board of education, preschool programs, child day-care centers, 5013
type A family day-care homes, certified type B family day-care 5014
homes, and institutions of higher education regarding the proper 5015
use and administration of information received pursuant to section 5016
2950.11 of the Revised Code relative to an offender or delinquent 5017
child who has been adjudicated a sexual predator or child-victim 5018
predator or determined to be a habitual sex offender or habitual 5019
child-victim offender, or an offender who has committed an 5020
aggravated sexually oriented offense; 5021

       (10) In consultation with local law enforcement 5022
representatives and no later than July 1, 1997, adopt rules that 5023
designate a geographic area or areas within which the notice 5024
described in division (B) of section 2950.11 of the Revised Code 5025
must be given to the persons identified in divisions (A)(2) to (8) 5026
of that section; 5027

       (11) Through the bureau of criminal identification and 5028
investigation, not later than January 1, 2004, establish and 5029
operate on the internet a sex offender and child-victim offender 5030
database that contains information for every offender who has 5031
committed either a sexually oriented offense that is not a 5032
registration-exempt sexually oriented offense or a child-victim 5033
oriented offense and who registers in any county in this state 5034
pursuant to section 2950.04 or 2950.041 of the Revised Code. The 5035
bureau shall determine the information to be provided on the 5036
database for each offender and shall obtain that information from 5037
the information contained in the state registry of sex offenders 5038
and child-victim offenders described in division (A)(1) of this 5039
section, which information, while in the possession of the sheriff 5040
who provided it, is a public record open for inspection as 5041
described in section 2950.081 of the Revised Code. The information 5042
provided for each offender shall include at least the information 5043
set forth in division (B) of section 2950.11 of the Revised Code. 5044
The database is a public record open for inspection under section 5045
149.43 of the Revised Code, and it shall be searchable by offender 5046
name, by county, by zip code, and by school district. The database 5047
shall provide a link to the web site of each sheriff who has 5048
established and operates on the internet a sex offender and 5049
child-victim offender database that contains information for 5050
offenders who register in that county pursuant to section 2950.04 5051
or 2950.041 of the Revised Code, with the link being a direct link 5052
to the sex offender and child-victim offender database for the 5053
sheriff. 5054

       (12) Upon the request of any sheriff, provide technical 5055
guidance to the requesting sheriff in establishing on the internet 5056
a sex offender and child-victim offender database for the public 5057
dissemination of some or all of the materials described in 5058
division (A) of section 2950.081 of the Revised Code that are 5059
public records under that division and that pertain to offenders 5060
who register in that county pursuant to section 2950.04 or 5061
2950.041 of the Revised Code and for the public dissemination of 5062
information the sheriff receives pursuant to section 2950.14 of 5063
the Revised Code; 5064

       (13) Through the bureau of criminal identification and 5065
investigation, not later than January 1, 2004, establish and 5066
operate on the internet a database that enables local law 5067
enforcement representatives to remotely search by electronic means 5068
the state registry of sex offenders and child-victim offenders 5069
described in division (A)(1) of this section and any information 5070
the bureau receives pursuant to sections 2950.04, 2950.041, 5071
2950.05, 2950.06, and 2950.14 of the Revised Code. The database 5072
shall enable local law enforcement representatives to obtain 5073
detailed information regarding each offender and delinquent child 5074
who is included in the registry, including, but not limited to the 5075
offender's or delinquent child's name, residence address, place of 5076
employment if applicable, motor vehicle license plate number if 5077
applicable, victim preference if available, date of most recent 5078
release from confinement if applicable, fingerprints, and other 5079
identification parameters the bureau considers appropriate. The 5080
database is not a public record open for inspection under section 5081
149.43 of the Revised Code and shall be available only to law 5082
enforcement representatives as described in this division. 5083
Information obtained by local law enforcement representatives 5084
through use of this database is not open to inspection by the 5085
public or by any person other than a person identified in division 5086
(A) of section 2950.08 of the Revised Code. 5087

       (B) The attorney general in consultation with local law 5088
enforcement representatives, may adopt rules that establish one or 5089
more categories of neighbors of an offender or delinquent child 5090
who, in addition to the occupants of residential premises and 5091
other persons specified in division (A)(1) of section 2950.11 of 5092
the Revised Code, must be given the notice described in division 5093
(B) of that section. 5094

       (C) No person, other than a local law enforcement 5095
representative, shall knowingly do any of the following: 5096

       (1) Gain or attempt to gain access to the database 5097
established and operated by the attorney general, through the 5098
bureau of criminal identification and investigation, pursuant to 5099
division (A)(13) of this section. 5100

       (2) Permit any person to inspect any information obtained 5101
through use of the database described in division (C)(1) of this 5102
section, other than as permitted under that division. 5103

       (D) As used in this section, "local law enforcement 5104
representatives" means representatives of the sheriffs of this 5105
state, representatives of the municipal chiefs of police and 5106
marshals of this state, and representatives of the township 5107
constables and chiefs of police of the township police departments 5108
or police district police forces of this state. 5109

       Sec. 2950.14. (A) Prior to releasing an offender who is 5110
under the custody and control of the department of rehabilitation 5111
and correction and who has been convicted of or pleaded guilty to 5112
committing, either prior to, on, or after January 1, 1997, any 5113
sexually oriented offense that is not a registration-exempt 5114
sexually oriented offense or any child-victim oriented offense, 5115
the department of rehabilitation and correction shall provide all 5116
of the information described in division (B) of this section to 5117
the bureau of criminal identification and investigation regarding 5118
the offender and to the sheriff of the county in which the 5119
offender's anticipated future residence is located. Prior to 5120
releasing a delinquent child who is in the custody of the 5121
department of youth services who has been adjudicated a delinquent 5122
child for committing on or after January 1, 2002, any sexually 5123
oriented offense that is not a registration-exempt sexually 5124
oriented offense or any child-victim oriented offense, and who has 5125
been classified a juvenile offender registrant based on that 5126
adjudication, the department of youth services shall provide all 5127
of the information described in division (B) of this section to 5128
the bureau of criminal identification and investigation regarding 5129
the delinquent child. 5130

       (B) The department of rehabilitation and correction and the 5131
department of youth services shall provide all of the following 5132
information to the bureau of criminal identification and 5133
investigation regarding an offender or delinquent child described 5134
in division (A) of this section: 5135

       (1) The offender's or delinquent child's name and any aliases 5136
used by the offender or delinquent child; 5137

       (2) All identifying factors concerning the offender or 5138
delinquent child; 5139

       (3) The offender's or delinquent child's anticipated future 5140
residence; 5141

       (4) The offense and delinquency history of the offender or 5142
delinquent child; 5143

       (5) Whether the offender or delinquent child was treated for 5144
a mental abnormality or personality disorder while under the 5145
custody and control of the department; 5146

       (6) Any other information that the bureau indicates is 5147
relevant and that the department possesses. 5148

       (C) Upon receipt of the information described in division (B) 5149
of this section regarding an offender or delinquent child, the 5150
bureau immediately shall enter the information into the state 5151
registry of sex offenders and child-victim offenders that the 5152
bureau maintains pursuant to section 2950.13 of the Revised Code 5153
and into the records that the bureau maintains pursuant to 5154
division (A) of section 109.57 of the Revised Code. Upon receipt 5155
of that information regarding an offender, the bureau immediately 5156
shall enter the information on the sex offender and child-victim 5157
offender database it establishes and operates on the internet 5158
pursuant to division (A)(11) of section 2950.13 of the Revised 5159
Code. 5160

       (D) Upon receipt of the information described in division (B) 5161
of this section regarding an offender, a sheriff who has 5162
established on the internet a sex offender and child-victim 5163
offender database for the public dissemination of information 5164
regarding such offenders shall enter that information on the 5165
database. 5166

       Sec. 2967.12. (A) Except as provided in division (G) of this 5167
section, at least three weeks before the adult parole authority 5168
recommends any pardon or commutation of sentence, or grants any 5169
parole, the authority shall send a notice of the pendency of the 5170
pardon, commutation, or parole, setting forth the name of the 5171
person on whose behalf it is made, the offense of which the person 5172
was convicted or to which the person pleaded guilty, the time of 5173
conviction or the guilty plea, and the term of the person's 5174
sentence, to the prosecuting attorney and the judge of the court 5175
of common pleas of the county in which the indictment against the 5176
person was found. If there is more than one judge of that court of 5177
common pleas, the authority shall send the notice to the presiding 5178
judge. The department of rehabilitation and correction, at the 5179
same time that it provides the notice to the prosecuting attorney 5180
and judge under this division, also shall post on the database it 5181
maintains pursuant to section 5120.66 of the Revised Code the 5182
offender's name and all of the information specified in division 5183
(A)(1)(c)(iii) of that section. 5184

       (B) If a request for notification has been made pursuant to 5185
section 2930.16 of the Revised Code, the adult parole authority 5186
also shall give notice to the victim or the victim's 5187
representative prior to recommending any pardon or commutation of 5188
sentence for, or granting any parole to, the person. The authority 5189
shall provide the notice at the same time as the notice required 5190
by division (A) of this section and shall include in the notice 5191
the information required to be set forth in that notice. The 5192
notice also shall inform the victim or the victim's representative 5193
that the victim or representative may send a written statement 5194
relative to the victimization and the pending action to the adult 5195
parole authority and that, if the authority receives any written 5196
statement prior to recommending a pardon or commutation or 5197
granting a parole for a person, the authority will consider the 5198
statement before it recommends a pardon or commutation or grants a 5199
parole. If the person is being considered for parole, the notice 5200
shall inform the victim or the victim's representative that a full 5201
board hearing of the parole board may be held and that the victim 5202
or victim's representative may contact the office of victims' 5203
services for further information. If the person being considered 5204
for parole was convicted of or pleaded guilty to violating section 5205
2903.01 or 2903.02 of the Revised Code, the notice shall inform 5206
the victim of that offense, the victim's representative, or a 5207
member of the victim's immediate family that the victim, the 5208
victim's representative, and the victim's immediate family have 5209
the right to give testimony at a full board hearing of the parole 5210
board and that the victim or victim's representative may contact 5211
the office of victims' services for further information. As used 5212
in this division, "the victim's immediate family" means the 5213
mother, father, spouse, sibling, or child of the victim. 5214

       (C) When notice of the pendency of any pardon, commutation of 5215
sentence, or parole has been given to a judge or prosecutor or 5216
posted on the database as provided in division (A) of this section 5217
and a hearing on the pardon, commutation, or parole is continued 5218
to a date certain, the authority shall provide notice of the 5219
further consideration of the pardon, commutation, or parole at 5220
least ten days before the further consideration. The notice of the 5221
further consideration shall be provided to the proper judge and 5222
prosecuting attorney by mail at least ten days before the further 5223
consideration, and, if the initial notice was posted on the 5224
database as provided in division (A) of this section, the notice 5225
of the further consideration shall be posted on the database at 5226
least ten days before the further consideration. When notice of 5227
the pendency of any pardon, commutation, or parole has been given 5228
as provided in division (B) of this section and the hearing on it 5229
is continued to a date certain, the authority shall give notice of 5230
the further consideration to the victim or the victim's 5231
representative in accordance with section 2930.03 of the Revised 5232
Code. 5233

       (D) In case of an application for the pardon or commutation 5234
of sentence of a person sentenced to capital punishment, the 5235
governor may modify the requirements of notification and 5236
publication if there is not sufficient time for compliance with 5237
the requirements before the date fixed for the execution of 5238
sentence. 5239

       (E) If an offender is serving a prison term imposed under 5240
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) 5241
of section 2971.03 of the Revised Code and if the parole board 5242
terminates its control over the offender's service of that term 5243
pursuant to section 2971.04 of the Revised Code, the parole board 5244
immediately shall provide written notice of its termination of 5245
control or the transfer of control to the entities and persons 5246
specified in section 2971.04 of the Revised Code. 5247

       (F) The failure of the adult parole authority to comply with 5248
the notice or posting provisions of division (A), (B), or (C) of 5249
this section or the failure of the parole board to comply with the 5250
notice provisions of division (E) of this section do not give any 5251
rights or any grounds for appeal or post-conviction relief to the 5252
person serving the sentence. 5253

       (G) Divisions (A), (B), and (C) of this section do not apply 5254
to any release of a person that is of the type described in 5255
division (B)(2)(b) of section 5120.031 of the Revised Code. 5256

       (H) In addition to and independent of the right of a victim 5257
to make a statement as described in division (A) of this section 5258
or pursuant to section 2930.17 of the Revised Code or to otherwise 5259
make a statement, the authority for a judge or prosecuting 5260
attorney to furnish statements and information, make 5261
recommendations, and give testimony as described in division (A) 5262
of this section, the right of a prosecuting attorney, judge, or 5263
victim to give testimony or submit a statement at a full parole 5264
board hearing pursuant to section 5149.101 of the Revised Code, 5265
and any other right or duty of a person to present information or 5266
make a statement, any person may send to the adult parole 5267
authority at any time prior to the authority's recommending a 5268
pardon or commutation or granting a parole for the offender a 5269
written statement relative to the offense and the pending action. 5270

       Sec. 2967.121. (A) Subject to division (C) of this section, 5271
at least two weeks before any convict who is serving a sentence 5272
for committing a felony of the first, second, or third degree is 5273
released from confinement in any state correctional institution 5274
pursuant to a pardon, commutation of sentence, parole, or 5275
completed prison term, the adult parole authority shall send 5276
notice of the release to the prosecuting attorney of the county in 5277
which the indictment of the convict was found. 5278

       (B) The notice required by division (A) of this section may 5279
be contained in a weekly list of all felons of the first, second, 5280
or third degree who are scheduled for release. The notice shall 5281
contain all of the following: 5282

       (1) The name of the convict being released; 5283

       (2) The date of the convict's release; 5284

       (3) The offense for the violation of which the convict was 5285
convicted and incarcerated; 5286

       (4) The date of the convict's conviction pursuant to which 5287
the convict was incarcerated; 5288

       (5) The sentence imposed for that conviction; 5289

       (6) The length of any supervision that the convict will be 5290
under; 5291

       (7) The name, business address, and business phone number of 5292
the convict's supervising officer; 5293

       (8) The address at which the convict will reside. 5294

       (C) Divisions (A) and (B) of this section do not apply to the 5295
release from confinement of an offender if the offender is serving 5296
a prison term imposed under division (A)(3), (B)(1)(a), (b), or 5297
(c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised 5298
Code, if the court pursuant to section 2971.05 of the Revised Code 5299
modifies the requirement that the offender serve that entire term 5300
in a state correctional institution, and if the release from 5301
confinement is pursuant to that modification. In a case of that 5302
type, the court that modifies the requirement promptly shall 5303
provide written notice of the modification and the order that 5304
modifies the requirement or revises the modification to the 5305
offender, the department of rehabilitation and correction, the 5306
prosecuting attorney, and any state agency or political 5307
subdivision that is affected by the order. 5308

       Sec. 2971.03. (A) Notwithstanding divisions (A), (B), (C), 5309
and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06, 5310
2929.13, or another section of the Revised Code, other than 5311
divisions (D) and (E) of section 2929.14 of the Revised Code, that 5312
authorizes or requires a specified prison term or a mandatory 5313
prison term for a person who is convicted of or pleads guilty to a 5314
felony or that specifies the manner and place of service of a 5315
prison term or term of imprisonment, the court shall impose a 5316
sentence upon a person who is convicted of or pleads guilty to a 5317
violent sex offense and who also is convicted of or pleads guilty 5318
to a sexually violent predator specification that was included in 5319
the indictment, count in the indictment, or information charging 5320
that offense, and upon a person who is convicted of or pleads 5321
guilty to a designated homicide, assault, or kidnapping offense 5322
and also is convicted of or pleads guilty to both a sexual 5323
motivation specification and a sexually violent predator 5324
specification that were included in the indictment, count in the 5325
indictment, or information charging that offense, as follows: 5326

       (1) If the offense for which the sentence is being imposed is 5327
aggravated murder and if the court does not impose upon the 5328
offender a sentence of death, it shall impose upon the offender a 5329
term of life imprisonment without parole. If the court sentences 5330
the offender to death and the sentence of death is vacated, 5331
overturned, or otherwise set aside, the court shall impose upon 5332
the offender a term of life imprisonment without parole. 5333

       (2) If the offense for which the sentence is being imposed is 5334
murder; or if the offense is rape committed in violation of 5335
division (A)(1)(b) of section 2907.02 of the Revised Code when the 5336
offender purposely compelled the victim to submit by force or 5337
threat of force, when the victim was less than ten years of age, 5338
when the offender previously has been convicted of or pleaded 5339
guilty to either rape committed in violation of that division or a 5340
violation of an existing or former law of this state, another 5341
state, or the United States that is substantially similar to 5342
division (A)(1)(b) of section 2907.02 of the Revised Code, or when 5343
the offender during or immediately after the commission of the 5344
rape caused serious physical harm to the victim; or if the offense 5345
is an offense other than aggravated murder or murder for which a 5346
term of life imprisonment may be imposed, it shall impose upon the 5347
offender a term of life imprisonment without parole. 5348

       (3)(a) Except as otherwise provided in division (A)(3)(b), 5349
(c), or (d), or (e) or (A)(4) of this section, if the offense for 5350
which the sentence is being imposed is an offense other than 5351
aggravated murder, murder, or rape and other than an offense for 5352
which a term of life imprisonment may be imposed, it shall impose 5353
an indefinite prison term consisting of a minimum term fixed by 5354
the court from among the range of terms available as a definite 5355
term for the offense, but not less than two years, and a maximum 5356
term of life imprisonment. 5357

       (b) Except as otherwise provided in division (A)(4) of this 5358
section, if the offense for which the sentence is being imposed is 5359
kidnapping that is a felony of the first degree, it shall impose 5360
an indefinite prison term consisting of a minimum term fixed by 5361
the court that is not less than ten years, and a maximum term of 5362
life imprisonment. 5363

        (c) Except as otherwise provided in division (A)(4) of this 5364
section, if the offense for which the sentence is being imposed is 5365
kidnapping that is a felony of the second degree, it shall impose 5366
an indefinite prison term consisting of a minimum term fixed by 5367
the court that is not less than eight years, and a maximum term of 5368
life imprisonment. 5369

       (d) Except as otherwise provided in division (A)(4) of this 5370
section, if the offense for which the sentence is being imposed is 5371
rape for which a term of life imprisonment is not imposed under 5372
~~section 2907.02 of the Revised Code or~~ division (A)(2) of this 5373
section or division (B) of section 2907.02 of the Revised Code, it 5374
shall impose an indefinite prison term as follows: 5375

       (i) If the rape is committed on or after the effective date 5376
of this amendment in violation of division (A)(1)(b) of section 5377
2907.02 of the Revised Code, it shall impose an indefinite prison 5378
term consisting of a minimum term of twenty-five years and a 5379
maximum term of life imprisonment. 5380

       (ii) If the rape is committed prior to the effective date of 5381
this amendment or the rape is committed on or after the effective 5382
date of this amendment other than in violation of division 5383
(A)(1)(b) of section 2907.02 of the Revised Code, it shall impose 5384
an indefinite prison term consisting of a minimum term fixed by 5385
the court that is not less than ten years, and a maximum term of 5386
life imprisonment. 5387

       (e) Except as otherwise provided in division (A)(4) of this 5388
section, if the offense for which sentence is being imposed is 5389
attempted rape, it shall impose an indefinite prison term as 5390
follows: 5391

       (i) Except as otherwise provided in division (A)(3)(e)(ii), 5392
(iii), or (iv) of this section, it shall impose an indefinite 5393
prison term pursuant to division (A)(3)(a) of this section. 5394

       (ii) If the attempted rape for which sentence is being 5395
imposed was committed on or after the effective date of this 5396
amendment, and if the offender also is convicted of or pleads 5397
guilty to a specification of the type described in section 5398
2941.1418 of the Revised Code, it shall impose an indefinite 5399
prison term consisting of a minimum term of five years and a 5400
maximum term of twenty-five years. 5401

       (iii) If the attempted rape for which sentence is being 5402
imposed was committed on or after the effective date of this 5403
amendment, and if the offender also is convicted of or pleads 5404
guilty to a specification of the type described in section 5405
2941.1419 of the Revised Code, it shall impose an indefinite 5406
prison term consisting of a minimum term of ten years and a 5407
maximum of life imprisonment. 5408

       (iv) If the attempted rape for which sentence is being 5409
imposed was committed on or after the effective date of this 5410
amendment, and if the offender also is convicted of or pleads 5411
guilty to a specification of the type described in section 5412
2941.1420 of the Revised Code, it shall impose an indefinite 5413
prison term consisting of a minimum term of fifteen years and a 5414
maximum of life imprisonment. 5415

       (4) For any offense for which the sentence is being imposed, 5416
if the offender previously has been convicted of or pleaded guilty 5417
to a violent sex offense and also to a sexually violent predator 5418
specification that was included in the indictment, count in the 5419
indictment, or information charging that offense, or previously 5420
has been convicted of or pleaded guilty to a designated homicide, 5421
assault, or kidnapping offense and also to both a sexual 5422
motivation specification and a sexually violent predator 5423
specification that were included in the indictment, count in the 5424
indictment, or information charging that offense, it shall impose 5425
upon the offender a term of life imprisonment without parole. 5426

       (B)(1) Notwithstanding section 2929.13, division (A), (B), 5427
(C), or (F) of section 2929.14, or another section of the Revised 5428
Code other than division (B) of section 2907.02 or divisions (D) 5429
and (E) of section 2929.14 of the Revised Code that authorizes or 5430
requires a specified prison term or a mandatory prison term for a 5431
person who is convicted of or pleads guilty to a felony or that 5432
specifies the manner and place of service of a prison term or term 5433
of imprisonment, if a person is convicted of or pleads guilty to a 5434
violation of division (A)(1)(b) of section 2907.02 of the Revised 5435
Code committed on or after the effective date of this amendment, 5436
if division (A) of this section does not apply regarding the 5437
person, and if the court does not impose a sentence of life 5438
without parole when authorized pursuant to division (B) of section 5439
2907.02 of the Revised Code, the court shall impose upon the 5440
person an indefinite prison term consisting of one of the 5441
following: 5442

        (a) Except as otherwise required in division (B)(1)(b) or (c) 5443
of this section, a minimum term of ten years and a maximum term of 5444
life imprisonment. 5445

       (b) If the victim was less than ten years of age, a minimum 5446
term of fifteen years and a maximum of life imprisonment. 5447

       (c) If the offender purposely compels the victim to submit by 5448
force or threat of force, or if the offender previously has been 5449
convicted of or pleaded guilty to violating division (A)(1)(b) of 5450
section 2907.02 of the Revised Code or to violating an existing or 5451
former law of this state, another state, or the United States that 5452
is substantially similar to division (A)(1)(b) of that section, or 5453
if the offender during or immediately after the commission of the 5454
offense caused serious physical harm to the victim, a minimum term 5455
of twenty-five years and a maximum of life imprisonment. 5456

       (2) Notwithstanding section 2929.13, division (A), (B), (C), 5457
or (F) of section 2929.14, or another section of the Revised Code 5458
other than divisions (D) and (E) of section 2929.14 of the Revised 5459
Code that authorizes or requires a specified prison term or a 5460
mandatory prison term for a person who is convicted of or pleads 5461
guilty to a felony or that specifies the manner and place of 5462
service of a prison term or term of imprisonment, if a person is 5463
convicted of or pleads guilty to attempted rape committed on or 5464
after the effective date of this amendment and if division (A) of 5465
this section does not apply regarding the person, the court shall 5466
impose upon the person an indefinite prison term consisting of one 5467
of the following: 5468

       (a) If the person also is convicted of or pleads guilty to a 5469
specification of the type described in section 2941.1418 of the 5470
Revised Code, the court shall impose upon the person an indefinite 5471
prison term consisting of a minimum term of five years and a 5472
maximum term of twenty-five years. 5473

       (b) If the person also is convicted of or pleads guilty to a 5474
specification of the type described in section 2941.1419 of the 5475
Revised Code, the court shall impose upon the person an indefinite 5476
prison term consisting of a minimum term of ten years and a 5477
maximum term of life imprisonment. 5478

       (c) If the person also is convicted of or pleads guilty to a 5479
specification of the type described in section 2941.1420 of the 5480
Revised Code, the court shall impose upon the person an indefinite 5481
prison term consisting of a minimum term of fifteen years and a 5482
maximum term of life imprisonment. 5483

       (C)(1) If the offender is sentenced to a prison term pursuant 5484
to division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or 5485
(c) of this section, the parole board shall have control over the 5486
offender's service of the term during the entire term unless the 5487
parole board terminates its control in accordance with section 5488
2971.04 of the Revised Code. 5489

       ~~(C)(1)~~(2) Except as provided in division (C)~~(2)~~(3) of this 5490
section, an offender sentenced to a prison term or term of life 5491
imprisonment without parole pursuant to division (A) of this 5492
section shall serve the entire prison term or term of life 5493
imprisonment in a state correctional institution. The offender is 5494
not eligible for judicial release under section 2929.20 of the 5495
Revised Code. 5496

       ~~(2)~~(3) For a prison term imposed pursuant to division (A)(3), 5497
(B)(1)(a), (b), or (B)(2)(a), (b), or (c) of this section, the 5498
court, in accordance with section 2971.05 of the Revised Code, may 5499
terminate the prison term or modify the requirement that the 5500
offender serve the entire term in a state correctional institution 5501
if all of the following apply: 5502

       (a) The offender has served at least the minimum term imposed 5503
as part of that prison term. 5504

       (b) The parole board, pursuant to section 2971.04 of the 5505
Revised Code, has terminated its control over the offender's 5506
service of that prison term. 5507

       (c) The court has held a hearing and found, by clear and 5508
convincing evidence, one of the following: 5509

       (i) In the case of termination of the prison term, that the 5510
offender is unlikely to commit a sexually violent offense in the 5511
future; 5512

       (ii) In the case of modification of the requirement, that the 5513
offender does not represent a substantial risk of physical harm to 5514
others. 5515

       ~~(3)~~(4) An offender who has been sentenced to a term of life 5516
imprisonment without parole pursuant to division (A)(1), (2), or 5517
(4) of this section shall not be released from the term of life 5518
imprisonment or be permitted to serve a portion of it in a place 5519
other than a state correctional institution. 5520

       (D) If a court sentences an offender to a prison term or term 5521
of life imprisonment without parole pursuant to division (A) of 5522
this section and the court also imposes on the offender one or 5523
more additional prison terms pursuant to division (D) of section 5524
2929.14 of the Revised Code, all of the additional prison terms 5525
shall be served consecutively with, and prior to, the prison term 5526
or term of life imprisonment without parole imposed upon the 5527
offender pursuant to division (A) of this section. 5528

       (E) If the offender is convicted of or pleads guilty to two 5529
or more offenses for which a prison term or term of life 5530
imprisonment without parole is required to be imposed pursuant to 5531
division (A) of this section, divisions (A) to (D) of this section 5532
shall be applied for each offense. All minimum terms imposed upon 5533
the offender pursuant to division (A)(3) or (B) of this section 5534
for those offenses shall be aggregated and served consecutively, 5535
as if they were a single minimum term imposed under that division. 5536

       (F) If an offender is convicted of or pleads guilty to a 5537
violent sex offense and also is convicted of or pleads guilty to a 5538
sexually violent predator specification that was included in the 5539
indictment, count in the indictment, or information charging that 5540
offense, or is convicted of or pleads guilty to a designated 5541
homicide, assault, or kidnapping offense and also is convicted of 5542
or pleads guilty to both a sexual motivation specification and a 5543
sexually violent predator specification that were included in the 5544
indictment, count in the indictment, or information charging that 5545
offense, the conviction of or plea of guilty to the offense and 5546
the sexually violent predator specification automatically 5547
classifies the offender as a sexual predator for purposes of 5548
Chapter 2950. of the Revised Code. If an offender is convicted of 5549
or pleads guilty to committing on or after the effective date of 5550
this amendment a violation of division (A)(1)(b) of section 5551
2907.02 of the Revised Code, the conviction of or plea of guilty 5552
to the offense automatically classifies the offender as a sexual 5553
predator for purposes of Chapter 2950. of the Revised Code. If a 5554
person is convicted of or pleads guilty to committing on or after 5555
the effective date of this amendment attempted rape and also is 5556
convicted of or pleads guilty to a specification of the type 5557
described in section 2941.1418, 2941.1419, or 2941.1420 of the 5558
Revised Code, the conviction of or plea of guilty to the offense 5559
and the specification automatically classify the offender as a 5560
sexual predator for purposes of this chapter. The classification 5561
pursuant to this division of ~~the~~an offender as a sexual predator 5562
for purposes of ~~that chapter~~Chapter 2950. of the Revised Code is 5563
permanent and continues until the offender's death as described in 5564
division (D)(2) of section 2950.09 of the Revised Code. 5565

       Sec. 2971.04. (A) If an offender is serving a prison term 5566
imposed under division (A)(3), (B)(1)(a), (b), or (c), or 5567
(B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, at 5568
any time after the offender has served the minimum term imposed 5569
under that sentence, the parole board may terminate its control 5570
over the offender's service of the prison term. The parole board 5571
initially shall determine whether to terminate its control over 5572
the offender's service of the prison term upon the completion of 5573
the offender's service of the minimum term under the sentence and 5574
shall make subsequent determinations at least once every two years 5575
after that first determination. The parole board shall not 5576
terminate its control over the offender's service of the prison 5577
term unless it finds at a hearing that the offender does not 5578
represent a substantial risk of physical harm to others. Prior to 5579
determining whether to terminate its control over the offender's 5580
service of the prison term, the parole board shall request the 5581
department of rehabilitation and correction to prepare pursuant to 5582
section 5120.61 of the Revised Code an update of the most recent 5583
risk assessment and report relative to the offender. The offender 5584
has the right to be present at any hearing held under this 5585
section. At the hearing, the offender and the prosecuting attorney 5586
may make a statement and present evidence as to whether the parole 5587
board should terminate its control over the offender's service of 5588
the prison term. In making its determination as to whether to 5589
terminate its control over the offender's service of the prison 5590
term, the parole board may follow the standards and guidelines 5591
adopted by the department of rehabilitation and correction under 5592
section 5120.49 of the Revised Code and shall consider the updated 5593
risk assessment and report relating to the offender prepared by 5594
the department pursuant to section 5120.61 of the Revised Code in 5595
response to the request made under this division and any 5596
statements or evidence submitted by the offender or the 5597
prosecuting attorney. If the parole board terminates its control 5598
over an offender's service of a prison term imposed under division 5599
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of 5600
section 2971.03 of the Revised Code, it shall recommend to the 5601
court modifications to the requirement that the offender serve the 5602
entire term in a state correctional institution. The court is not 5603
bound by the recommendations submitted by the parole board. 5604

       (B) If the parole board terminates its control over an 5605
offender's service of a prison term imposed pursuant to division 5606
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of 5607
section 2971.03 of the Revised Code, the parole board immediately 5608
shall provide written notice of its termination of control to the 5609
department of rehabilitation and correction, the court, and the 5610
prosecuting attorney, and, after the board's termination of its 5611
control, the court shall have control over the offender's service 5612
of that prison term. 5613

       After the transfer, the court shall have control over the 5614
offender's service of that prison term for the offender's entire 5615
life, subject to the court's termination of the term pursuant to 5616
section 2971.05 of the Revised Code. 5617

       (C) If control over the offender's service of the prison term 5618
is transferred to the court, all of the following apply: 5619

       (1) The offender shall not be released solely as a result of 5620
the transfer of control over the service of that prison term. 5621

       (2) The offender shall not be permitted solely as a result of 5622
the transfer to serve a portion of that term in a place other than 5623
a state correctional institution. 5624

       (3) The offender shall continue serving that term in a state 5625
correctional institution, subject to the following: 5626

       (a) A release pursuant to a pardon, commutation, or reprieve; 5627

       (b) A modification or termination of the term by the court 5628
pursuant to this chapter. 5629

       Sec. 2971.05. (A)(1) After control over an offender's 5630
service of a prison term imposed pursuant to division (A)(3), 5631
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 5632
2971.03 of the Revised Code has been transferred pursuant to 5633
section 2971.04 of the Revised Code to the court, the court shall 5634
schedule, within thirty days of any of the following, a hearing on 5635
whether to modify in accordance with division (C) of this section 5636
the requirement that the offender serve the entire prison term in 5637
a state correctional institution or to terminate the prison term 5638
in accordance with division (D) of this section: 5639

       (a) Control over the offender's service of a prison term is 5640
transferred pursuant to section 2971.04 of the Revised Code to the 5641
court, and no hearing to modify the requirement has been held; 5642

       (b) Two years elapse after the most recent prior hearing held 5643
pursuant to division (A)(1) or (2) of this section; 5644

       (c) The prosecuting attorney, the department of 5645
rehabilitation and correction, or the adult parole authority 5646
requests the hearing, and recommends that the requirement be 5647
modified or that the offender's prison term be terminated. 5648

       (2) After control over the offender's service of a prison 5649
term has been transferred pursuant to section 2971.04 of the 5650
Revised Code to the court, the court, within thirty days of either 5651
of the following, shall conduct a hearing on whether to modify in 5652
accordance with division (C) of this section the requirement that 5653
the offender serve the entire prison term in a state correctional 5654
institution, whether to continue, revise, or revoke an existing 5655
modification of that requirement, or whether to terminate the term 5656
in accordance with division (D) of this section: 5657

       (a) The requirement that the offender serve the entire prison 5658
term in a state correctional institution has been modified, and 5659
the offender is taken into custody for any reason. 5660

       (b) The department of rehabilitation and correction or the 5661
prosecuting attorney notifies the court pursuant to section 5662
2971.06 of the Revised Code regarding a known or suspected 5663
violation of a term or condition of the modification or a belief 5664
that there is a substantial likelihood that the offender has 5665
committed or is about to commit a sexually violent offense. 5666

       (3) After control over the offender's service of a prison 5667
term has been transferred pursuant to section 2971.04 of the 5668
Revised Code to the court, the court, in any of the following 5669
circumstances, may conduct a hearing within thirty days to 5670
determine whether to modify in accordance with division (C) of 5671
this section the requirement that the offender serve the entire 5672
prison term in a state correctional institution, whether to 5673
continue, revise, or revoke an existing modification of that 5674
requirement, or whether to terminate the sentence in accordance 5675
with division (D) of this section: 5676

       (a) The offender requests the hearing; 5677

       (b) Upon the court's own motion; 5678

       (c) One or more examiners who have conducted a psychological 5679
examination and assessment of the offender file a statement that 5680
states that there no longer is a likelihood that the offender will 5681
engage in the future in a sexually violent offense. 5682

       (B)(1) Before a court holds a hearing pursuant to division 5683
(A) of this section, the court shall provide notice of the date, 5684
time, place, and purpose of the hearing to the offender, the 5685
prosecuting attorney, the department of rehabilitation and 5686
correction, and the adult parole authority and shall request the 5687
department to prepare pursuant to section 5120.61 of the Revised 5688
Code an update of the most recent risk assessment and report 5689
relative to the offender. The offender has the right to be 5690
present at any hearing held under this section. At the hearing, 5691
the offender and the prosecuting attorney may make a statement and 5692
present evidence as to whether the requirement that the offender 5693
serve the entire prison term in a state correctional institution 5694
should or should not be modified, whether the existing 5695
modification of the requirement should be continued, revised, or 5696
revoked, and whether the prison term should or should not be 5697
terminated. 5698

       (2) At a hearing held pursuant to division (A) of this 5699
section, the court may and, if the hearing is held pursuant to 5700
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall 5701
determine by clear and convincing evidence whether the offender is 5702
unlikely to commit a sexually violent offense in the future. 5703

       (3) At the conclusion of the hearing held pursuant to 5704
division (A) of this section, the court may order that the 5705
requirement that the offender serve the entire prison term in a 5706
state correctional institution be continued, that the requirement 5707
be modified pursuant to division (C) of this section, that an 5708
existing modification be continued, revised, or revoked pursuant 5709
to division (C) of this section, or that the prison term be 5710
terminated pursuant to division (D) of this section. 5711

       (C)(1) If, at the conclusion of a hearing held pursuant to 5712
division (A) of this section, the court determines by clear and 5713
convincing evidence that the offender will not represent a 5714
substantial risk of physical harm to others, the court may modify 5715
the requirement that the offender serve the entire prison term 5716
imposed under division (A)(3), (B)(1)(a), (b), or (c), or 5717
(B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code in a 5718
state correctional institution in a manner that the court 5719
considers appropriate. If the court modifies the requirement~~, the~~ 5720
~~offender is subject to~~for an offender whose prison term was 5721
imposed pursuant to division (A)(3) of section 2971.03 of the 5722
Revised Code, the court shall order the adult parole authority to 5723
supervise the offender and shall require that the authority's 5724
supervision ~~under~~of the offender be pursuant to division (E) of 5725
this section. If the court modifies the requirement for an 5726
offender whose prison term was imposed pursuant to division 5727
(B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 5728
of the Revised Code, the court shall order the adult parole 5729
authority to supervise the offender and may require that the 5730
authority's supervision of the offender be pursuant to division 5731
(E) of this section. 5732

       (2) The modification of the requirement does not terminate 5733
the prison term but serves only to suspend the requirement that 5734
the offender serve the entire term in a state correctional 5735
institution. The prison term shall remain in effect for the 5736
offender's entire life unless the court terminates the prison term 5737
pursuant to division (D) of this section. The offender shall 5738
remain under the jurisdiction of the court for the offender's 5739
entire life unless the court so terminates the prison term. The 5740
modification of the requirement does not terminate the 5741
classification of the offender, as described in division (F) of 5742
section 2971.03 of the Revised Code, as a sexual predator for 5743
purposes of Chapter 2950. of the Revised Code, and the offender is 5744
subject to supervision, including supervision under division (E) 5745
of this section if the court required the supervision of the 5746
offender to be pursuant to that division. 5747

       (3) If the court revokes the modification under 5748
consideration, the court shall order that the offender be returned 5749
to the custody of the department of rehabilitation and correction 5750
to continue serving the prison term to which the modification 5751
applied, and section 2971.06 of the Revised Code applies regarding 5752
the offender. 5753

       (D)(1) If, at the conclusion of a hearing held pursuant to 5754
division (A) of this section, the court determines by clear and 5755
convincing evidence that the offender is unlikely to commit a 5756
sexually violent offense in the future, the court may terminate 5757
the offender's prison term imposed under division (A)(3), 5758
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 5759
2971.03 of the Revised Code, subject to the offender 5760
satisfactorily completing the period of conditional release 5761
required by this division and, if applicable, compliance with 5762
division (E) of this section. If the court terminates the prison 5763
term, the court shall place the offender on conditional release 5764
for five years, ~~require the offender to comply with division (E)~~ 5765
~~of this section,~~ notify the adult parole authority of its 5766
determination and of the termination of the prison term, and order 5767
the adult parole authority to supervise the offender during the 5768
five-year period of conditional release ~~and~~or, if division (E) 5769
applies to the offender, to supervise the offender pursuant to and 5770
for the period of time specified in that division. If the court 5771
terminates the prison term for an offender whose prison term was 5772
imposed pursuant to division (A)(3) of section 2971.03 of the 5773
Revised Code, the court shall require that the authority's 5774
supervision of the offender be pursuant to division (E) of this 5775
section. If the court terminates the prison term for an offender 5776
whose prison term was imposed pursuant to division (B)(1)(a), (b), 5777
or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised 5778
Code, the court may require that the authority's supervision of 5779
the offender be pursuant to division (E) of this section. Upon 5780
receipt of a notice from a court pursuant to this division, the 5781
adult parole authority shall supervise the offender who is the 5782
subject of the notice during the five-year period of conditional 5783
release, periodically notify the court of the offender's 5784
activities during that five-year period of conditional release, 5785
and file with the court no later than thirty days prior to the 5786
expiration of the five-year period of conditional release a 5787
written recommendation as to whether the termination of the 5788
offender's prison term should be finalized, whether the period of 5789
conditional release should be extended, or whether another type of 5790
action authorized pursuant to this chapter should be taken. 5791

       (2) Upon receipt of a recommendation of the adult parole 5792
authority filed pursuant to ~~this~~ division (D)(1) of this section, 5793
the court shall hold a hearing to determine whether to finalize 5794
the termination of the offender's prison term, to extend the 5795
period of conditional release, or to take another type of action 5796
authorized pursuant to this chapter. The court shall hold the 5797
hearing no later than the date on which the five-year period of 5798
conditional release terminates and shall provide notice of the 5799
date, time, place, and purpose of the hearing to the offender and 5800
to the prosecuting attorney. At the hearing, the offender, the 5801
prosecuting attorney, and the adult parole authority employee who 5802
supervised the offender during the period of conditional release 5803
may make a statement and present evidence. 5804

       ~~(2)~~ If the court determines at the hearing to extend an 5805
offender's period of conditional release, it may do so for 5806
additional periods of one year in the same manner as the original 5807
period of conditional release, and, except as otherwise described 5808
in this division, all procedures and requirements that applied to 5809
the original period of conditional release apply to the additional 5810
period of extended conditional release unless the court modifies a 5811
procedure or requirement. If an offender's period of conditional 5812
release is extended as described in this division, all references 5813
to a five-year period of conditional release that are contained in 5814
division (D)(1) of this section shall be construed, in applying 5815
the provisions of that division to the extension, as being 5816
references to the one-year period of the extension of the 5817
conditional release. 5818

       If the court determines at the hearing to take another type 5819
of action authorized pursuant to this chapter, it may do so in the 5820
same manner as if the action had been taken at any other stage of 5821
the proceedings under this chapter. As used in this division, 5822
"another type of action" includes the revocation of the 5823
conditional release and the return of the offender to a state 5824
correctional institution to continue to serve the prison term. 5825

       If the court determines at the hearing to finalize the 5826
termination of the offender's prison term, it shall notify the 5827
department of rehabilitation and correction, the department shall 5828
enter into its records a final release and issue to the offender a 5829
certificate of final release, and the prison term thereafter shall 5830
be considered completed and terminated in every way. 5831

       (3) The termination of ~~the~~an offender's prison term pursuant 5832
to division (D)(1) or (2) of this section does not affect the 5833
classification of the offender, as described in division (F) of 5834
section 2971.03 of the Revised Code, as a sexual predator for 5835
purposes of Chapter 2950. of the Revised Code, ~~and~~ does not 5836
terminate the adult parole authority's supervision of ~~a sexually~~ 5837
~~violent predator~~the offender, and, if the court had required the 5838
supervision of the offender to be pursuant to division (E) of this 5839
section, does not terminate the supervision of the offender with 5840
an active global positioning system device, pursuant to that 5841
division ~~(E) of this section~~. The classification of the offender 5842
as a sexual predator is permanent and continues until the 5843
offender's death as described in division (D)(2) of section 5844
2950.09 of the Revised Code. 5845

       (E) ~~The adult parole authority shall supervise~~If a prison 5846
term imposed upon an offender ~~whose prison term~~pursuant to 5847
division (A)(3) of section 2971.03 of the Revised Code is modified 5848
as provided in division (C) of this section or ~~whose prison term~~ 5849
is terminated as provided in division (D) of this section, the 5850
adult parole authority shall supervise the offender with an active 5851
global positioning system device during any time period in which 5852
the offender is not incarcerated in a state correctional 5853
institution. ~~Unless~~If a prison term imposed upon an offender 5854
pursuant to division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) 5855
of section 2971.03 of the Revised Code is modified as provided in 5856
division (C) of this section or terminated as provided in division 5857
(D) of this section, and if the court requires that the adult 5858
parole authority's supervision of the offender be pursuant to this 5859
division, the authority shall supervise the offender with an 5860
active global positioning system device during any time period in 5861
which the offender is not incarcerated in a state correctional 5862
institution. If the adult parole authority is required to 5863
supervise the offender with an active global positioning system 5864
device as described in this division, unless the court removes the 5865
offender's classification as a sexually violent predator~~, an~~ 5866
regarding an offender whose prison term was imposed under division 5867
(A)(3) of section 2971.03 of the Revised Code or terminates the 5868
requirement that supervision of the offender be pursuant to this 5869
division regarding an offender whose prison term was imposed under 5870
division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 5871
2971.03 of the Revised Code, the offender is subject to 5872
supervision with an active global positioning system pursuant to 5873
this division for the offender's entire life. The costs of 5874
administering the supervision of ~~sexually violent~~ offenders with 5875
an active global positioning system device pursuant to this 5876
division shall be paid out of funds from the reparations fund, 5877
created pursuant to section 2743.191 of the Revised Code. This 5878
division shall only apply to a sexually violent predator sentenced 5879
pursuant to division (A)(3) of section 2971.03 of the Revised Code 5880
who is released from the custody of the department of 5881
rehabilitation and correction on or after ~~the effective date of~~ 5882
~~this amendment~~September 29, 2005 or an offender sentenced 5883
pursuant to division (B)(1) or (2) of section 2971.03 of the 5884
Revised Code on or after the effective date of this amendment. 5885

       Sec. 2971.06. If an offender is serving a prison term 5886
imposed under division (A)(3), (B)(1)(a), (b), or (c), or 5887
(B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, if, 5888
pursuant to section 2971.05 of the Revised Code, the court 5889
modifies the requirement that the offender serve the entire prison 5890
term in a state correctional institution or places the offender on 5891
conditional release, and if, at any time after the offender has 5892
been released from serving the term in an institution, the 5893
department of rehabilitation and correction or the prosecuting 5894
attorney learns or obtains information indicating that the 5895
offender has violated a term or condition of the modification or 5896
conditional release or believes there is a substantial likelihood 5897
that the offender has committed or is about to commit a sexually 5898
violent offense, all of the following apply: 5899

       (A) The department or the prosecuting attorney may contact a 5900
peace officer, parole officer, or probation officer and request 5901
the officer to take the offender into custody. If the department 5902
contacts a peace officer, parole officer, or probation officer and 5903
requests that the offender be taken into custody, the department 5904
shall notify the prosecuting attorney that it made the request and 5905
shall provide the reasons for which it made the request. Upon 5906
receipt of a request that an offender be taken into custody, a 5907
peace officer, parole officer, or probation officer shall take the 5908
offender in question into custody and promptly shall notify the 5909
department and the prosecuting attorney, in writing, that the 5910
offender was taken into custody. After the offender has been taken 5911
into custody, the department or the prosecuting attorney shall 5912
notify the court of the violation or the belief that there is a 5913
substantial likelihood that the offender has committed or is about 5914
to commit a sexually violent offense, and the prosecuting attorney 5915
may request that the court, pursuant to section 2971.05 of the 5916
Revised Code, revise the modification. An offender may be held in 5917
custody under this provision for no longer than thirty days, 5918
pending a determination pursuant to section 2971.05 of the Revised 5919
Code of whether the modification of the requirement that the 5920
offender serve the entire prison term in a state correctional 5921
institution should be revised. If the court fails to make a 5922
determination under that section regarding the prosecuting 5923
attorney's request within thirty days after the offender was taken 5924
into custody, the offender shall be released from custody and 5925
shall be subject to the same terms and conditions as existed under 5926
the then-existing modification of the requirement that the 5927
offender serve the entire prison term in a state correctional 5928
institution, provided that if the act that resulted in the 5929
offender being taken into custody under this division is a 5930
criminal offense and if the offender is arrested for that act, the 5931
offender may be retained in custody in accordance with the 5932
applicable law. 5933

       (B) If the offender is not taken into custody pursuant to 5934
division (A) of this section, the department or the prosecuting 5935
attorney shall notify the court of the known or suspected 5936
violation or of the belief that there is a substantial likelihood 5937
that the offender has committed or is about to commit a sexually 5938
violent offense. If the department provides the notification to 5939
the court, it also shall notify the prosecuting attorney that it 5940
provided the notification and shall provide the reasons for which 5941
it provided the notification. The prosecuting attorney may request 5942
that the court, pursuant to section 2971.05 of the Revised Code, 5943
revise the modification. 5944

       Sec. 2971.07. (A) This chapter does not apply to any 5945
offender unless the offender is convicted of or pleads guilty to a 5946
violent sex offense and also is convicted of or pleads guilty to a 5947
sexually violent predator specification that was included in the 5948
indictment, count in the indictment, or information charging that 5949
offense or, unless the offender is convicted of or pleads guilty 5950
to a designated homicide, assault, or kidnapping offense and also 5951
is convicted of or pleads guilty to both a sexual motivation 5952
specification and a sexually violent predator specification that 5953
were included in the indictment, count in the indictment, or 5954
information charging that offense, unless the offender is 5955
convicted of or pleads guilty to a violation of division (A)(1)(b) 5956
of section 2907.02 of the Revised Code committed on or after the 5957
effective date of this amendment, and the court does not sentence 5958
the offender to a term of life without parole pursuant to division 5959
(B) of section 2907.02 of the Revised Code, or unless the offender 5960
is convicted of or pleads guilty to attempted rape committed on or 5961
after the effective date of this amendment and also is convicted 5962
of or pleads guilty to a specification of the type described in 5963
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code. 5964

       (B) This chapter does not limit or affect a court that 5965
sentences an offender who is convicted of or pleads guilty to a 5966
violent sex offense and also is convicted of or pleads guilty to a 5967
sexually violent predator specification or, a court that sentences 5968
an offender who is convicted of or pleads guilty to a designated 5969
homicide, assault, or kidnapping offense and also is convicted of 5970
or pleads guilty to both a sexual motivation specification and a 5971
sexually violent predator specification, a court that sentences an 5972
offender who is convicted of or pleads guilty to a violation of 5973
division (A)(1)(b) of section 2907.02 of the Revised Code 5974
committed on or after the effective date of this amendment, or a 5975
court that sentences an offender who is convicted of or pleads 5976
guilty to attempted rape committed on or after the effective date 5977
of this amendment and also is convicted of or pleads guilty to a 5978
specification of the type described in section 2941.1418, 5979
2941.1419, or 2941.1420 of the Revised Code in imposing upon the 5980
offender any financial sanction under section 2929.18 or any other 5981
section of the Revised Code, or, except as specifically provided 5982
in this chapter, any other sanction that is authorized or required 5983
for the offense or violation by any other provision of law. 5984

       (C) If an offender is sentenced to a prison term under 5985
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) 5986
of section 2971.03 of the Revised Code and if, pursuant to section 5987
2971.05 of the Revised Code, the court modifies the requirement 5988
that the offender serve the entire prison term in a state 5989
correctional institution or places the offender on conditional 5990
release that involves the placement of the offender under the 5991
supervision of the adult parole authority, authorized field 5992
officers of the authority who are engaged within the scope of 5993
their supervisory duties or responsibilities may search, with or 5994
without a warrant, the person of the offender, the place of 5995
residence of the offender, and a motor vehicle, another item of 5996
tangible or intangible personal property, or any other real 5997
property in which the offender has the express or implied 5998
permission of a person with a right, title, or interest to use, 5999
occupy, or possess if the field officer has reasonable grounds to 6000
believe that the offender is not abiding by the law or otherwise 6001
is not complying with the terms and conditions of the offender's 6002
modification or release. The authority shall provide each offender 6003
with a written notice that informs the offender that authorized 6004
field officers of the authority who are engaged within the scope 6005
of their supervisory duties or responsibilities may conduct those 6006
types of searches during the period of the modification or release 6007
if they have reasonable grounds to believe that the offender is 6008
not abiding by the law or otherwise is not complying with the 6009
terms and conditions of the offender's modification or release. 6010

       Sec. 3109.04. (A) In any divorce, legal separation, or 6011
annulment proceeding and in any proceeding pertaining to the 6012
allocation of parental rights and responsibilities for the care of 6013
a child, upon hearing the testimony of either or both parents and 6014
considering any mediation report filed pursuant to section 6015
3109.052 of the Revised Code and in accordance with sections 6016
3127.01 to 3127.53 of the Revised Code, the court shall allocate 6017
the parental rights and responsibilities for the care of the minor 6018
children of the marriage. Subject to division (D)(2) of this 6019
section, the court may allocate the parental rights and 6020
responsibilities for the care of the children in either of the 6021
following ways: 6022

       (1) If neither parent files a pleading or motion in 6023
accordance with division (G) of this section, if at least one 6024
parent files a pleading or motion under that division but no 6025
parent who filed a pleading or motion under that division also 6026
files a plan for shared parenting, or if at least one parent files 6027
both a pleading or motion and a shared parenting plan under that 6028
division but no plan for shared parenting is in the best interest 6029
of the children, the court, in a manner consistent with the best 6030
interest of the children, shall allocate the parental rights and 6031
responsibilities for the care of the children primarily to one of 6032
the parents, designate that parent as the residential parent and 6033
the legal custodian of the child, and divide between the parents 6034
the other rights and responsibilities for the care of the 6035
children, including, but not limited to, the responsibility to 6036
provide support for the children and the right of the parent who 6037
is not the residential parent to have continuing contact with the 6038
children. 6039

       (2) If at least one parent files a pleading or motion in 6040
accordance with division (G) of this section and a plan for shared 6041
parenting pursuant to that division and if a plan for shared 6042
parenting is in the best interest of the children and is approved 6043
by the court in accordance with division (D)(1) of this section, 6044
the court may allocate the parental rights and responsibilities 6045
for the care of the children to both parents and issue a shared 6046
parenting order requiring the parents to share all or some of the 6047
aspects of the physical and legal care of the children in 6048
accordance with the approved plan for shared parenting. If the 6049
court issues a shared parenting order under this division and it 6050
is necessary for the purpose of receiving public assistance, the 6051
court shall designate which one of the parents' residences is to 6052
serve as the child's home. The child support obligations of the 6053
parents under a shared parenting order issued under this division 6054
shall be determined in accordance with Chapters 3119., 3121., 6055
3123., and 3125. of the Revised Code. 6056

       (B)(1) When making the allocation of the parental rights and 6057
responsibilities for the care of the children under this section 6058
in an original proceeding or in any proceeding for modification of 6059
a prior order of the court making the allocation, the court shall 6060
take into account that which would be in the best interest of the 6061
children. In determining the child's best interest for purposes of 6062
making its allocation of the parental rights and responsibilities 6063
for the care of the child and for purposes of resolving any issues 6064
related to the making of that allocation, the court, in its 6065
discretion, may and, upon the request of either party, shall 6066
interview in chambers any or all of the involved children 6067
regarding their wishes and concerns with respect to the 6068
allocation. 6069

       (2) If the court interviews any child pursuant to division 6070
(B)(1) of this section, all of the following apply: 6071

       (a) The court, in its discretion, may and, upon the motion of 6072
either parent, shall appoint a guardian ad litem for the child. 6073

       (b) The court first shall determine the reasoning ability of 6074
the child. If the court determines that the child does not have 6075
sufficient reasoning ability to express the child's wishes and 6076
concern with respect to the allocation of parental rights and 6077
responsibilities for the care of the child, it shall not determine 6078
the child's wishes and concerns with respect to the allocation. If 6079
the court determines that the child has sufficient reasoning 6080
ability to express the child's wishes or concerns with respect to 6081
the allocation, it then shall determine whether, because of 6082
special circumstances, it would not be in the best interest of the 6083
child to determine the child's wishes and concerns with respect to 6084
the allocation. If the court determines that, because of special 6085
circumstances, it would not be in the best interest of the child 6086
to determine the child's wishes and concerns with respect to the 6087
allocation, it shall not determine the child's wishes and concerns 6088
with respect to the allocation and shall enter its written 6089
findings of fact and opinion in the journal. If the court 6090
determines that it would be in the best interests of the child to 6091
determine the child's wishes and concerns with respect to the 6092
allocation, it shall proceed to make that determination. 6093

       (c) The interview shall be conducted in chambers, and no 6094
person other than the child, the child's attorney, the judge, any 6095
necessary court personnel, and, in the judge's discretion, the 6096
attorney of each parent shall be permitted to be present in the 6097
chambers during the interview. 6098

       (3) No person shall obtain or attempt to obtain from a child 6099
a written or recorded statement or affidavit setting forth the 6100
child's wishes and concerns regarding the allocation of parental 6101
rights and responsibilities concerning the child. No court, in 6102
determining the child's best interest for purposes of making its 6103
allocation of the parental rights and responsibilities for the 6104
care of the child or for purposes of resolving any issues related 6105
to the making of that allocation, shall accept or consider a 6106
written or recorded statement or affidavit that purports to set 6107
forth the child's wishes and concerns regarding those matters. 6108

       (C) Prior to trial, the court may cause an investigation to 6109
be made as to the character, family relations, past conduct, 6110
earning ability, and financial worth of each parent and may order 6111
the parents and their minor children to submit to medical, 6112
psychological, and psychiatric examinations. The report of the 6113
investigation and examinations shall be made available to either 6114
parent or the parent's counsel of record not less than five days 6115
before trial, upon written request. The report shall be signed by 6116
the investigator, and the investigator shall be subject to 6117
cross-examination by either parent concerning the contents of the 6118
report. The court may tax as costs all or any part of the expenses 6119
for each investigation. 6120

       If the court determines that either parent previously has 6121
been convicted of or pleaded guilty to any criminal offense 6122
involving any act that resulted in a child being a neglected 6123
child, that either parent previously has been determined to be the 6124
perpetrator of the neglectful act that is the basis of an 6125
adjudication that a child is a neglected child, or that there is 6126
reason to believe that either parent has acted in a manner 6127
resulting in a child being a neglected child, the court shall 6128
consider that fact against naming that parent the residential 6129
parent and against granting a shared parenting decree. When the 6130
court allocates parental rights and responsibilities for the care 6131
of children or determines whether to grant shared parenting in any 6132
proceeding, it shall consider whether either parent or any member 6133
of the household of either parent has been convicted of or pleaded 6134
guilty to a violation of section 2919.25 of the Revised Code or a 6135
sexually oriented offense involving a victim who at the time of 6136
the commission of the offense was a member of the family or 6137
household that is the subject of the proceeding, has been 6138
convicted of or pleaded guilty to any sexually oriented offense or 6139
other offense involving a victim who at the time of the commission 6140
of the offense was a member of the family or household that is the 6141
subject of the proceeding and caused physical harm to the victim 6142
in the commission of the offense, or has been determined to be the 6143
perpetrator of the abusive act that is the basis of an 6144
adjudication that a child is an abused child. If the court 6145
determines that either parent has been convicted of or pleaded 6146
guilty to a violation of section 2919.25 of the Revised Code or a 6147
sexually oriented offense involving a victim who at the time of 6148
the commission of the offense was a member of the family or 6149
household that is the subject of the proceeding, has been 6150
convicted of or pleaded guilty to any sexually oriented offense or 6151
other offense involving a victim who at the time of the commission 6152
of the offense was a member of the family or household that is the 6153
subject of the proceeding and caused physical harm to the victim 6154
in the commission of the offense, or has been determined to be the 6155
perpetrator of the abusive act that is the basis of an 6156
adjudication that a child is an abused child, it may designate 6157
that parent as the residential parent and may issue a shared 6158
parenting decree or order only if it determines that it is in the 6159
best interest of the child to name that parent the residential 6160
parent or to issue a shared parenting decree or order and it makes 6161
specific written findings of fact to support its determination. 6162

       (D)(1)(a) Upon the filing of a pleading or motion by either 6163
parent or both parents, in accordance with division (G) of this 6164
section, requesting shared parenting and the filing of a shared 6165
parenting plan in accordance with that division, the court shall 6166
comply with division (D)(1)(a)(i), (ii), or (iii) of this section, 6167
whichever is applicable: 6168

       (i) If both parents jointly make the request in their 6169
pleadings or jointly file the motion and also jointly file the 6170
plan, the court shall review the parents' plan to determine if it 6171
is in the best interest of the children. If the court determines 6172
that the plan is in the best interest of the children, the court 6173
shall approve it. If the court determines that the plan or any 6174
part of the plan is not in the best interest of the children, the 6175
court shall require the parents to make appropriate changes to the 6176
plan to meet the court's objections to it. If changes to the plan 6177
are made to meet the court's objections, and if the new plan is in 6178
the best interest of the children, the court shall approve the 6179
plan. If changes to the plan are not made to meet the court's 6180
objections, or if the parents attempt to make changes to the plan 6181
to meet the court's objections, but the court determines that the 6182
new plan or any part of the new plan still is not in the best 6183
interest of the children, the court may reject the portion of the 6184
parents' pleadings or deny their motion requesting shared 6185
parenting of the children and proceed as if the request in the 6186
pleadings or the motion had not been made. The court shall not 6187
approve a plan under this division unless it determines that the 6188
plan is in the best interest of the children. 6189

       (ii) If each parent makes a request in the parent's pleadings 6190
or files a motion and each also files a separate plan, the court 6191
shall review each plan filed to determine if either is in the best 6192
interest of the children. If the court determines that one of the 6193
filed plans is in the best interest of the children, the court may 6194
approve the plan. If the court determines that neither filed plan 6195
is in the best interest of the children, the court may order each 6196
parent to submit appropriate changes to the parent's plan or both 6197
of the filed plans to meet the court's objections, or may select 6198
one of the filed plans and order each parent to submit appropriate 6199
changes to the selected plan to meet the court's objections. If 6200
changes to the plan or plans are submitted to meet the court's 6201
objections, and if any of the filed plans with the changes is in 6202
the best interest of the children, the court may approve the plan 6203
with the changes. If changes to the plan or plans are not 6204
submitted to meet the court's objections, or if the parents submit 6205
changes to the plan or plans to meet the court's objections but 6206
the court determines that none of the filed plans with the 6207
submitted changes is in the best interest of the children, the 6208
court may reject the portion of the parents' pleadings or deny 6209
their motions requesting shared parenting of the children and 6210
proceed as if the requests in the pleadings or the motions had not 6211
been made. If the court approves a plan under this division, 6212
either as originally filed or with submitted changes, or if the 6213
court rejects the portion of the parents' pleadings or denies 6214
their motions requesting shared parenting under this division and 6215
proceeds as if the requests in the pleadings or the motions had 6216
not been made, the court shall enter in the record of the case 6217
findings of fact and conclusions of law as to the reasons for the 6218
approval or the rejection or denial. Division (D)(1)(b) of this 6219
section applies in relation to the approval or disapproval of a 6220
plan under this division. 6221

       (iii) If each parent makes a request in the parent's 6222
pleadings or files a motion but only one parent files a plan, or 6223
if only one parent makes a request in the parent's pleadings or 6224
files a motion and also files a plan, the court in the best 6225
interest of the children may order the other parent to file a plan 6226
for shared parenting in accordance with division (G) of this 6227
section. The court shall review each plan filed to determine if 6228
any plan is in the best interest of the children. If the court 6229
determines that one of the filed plans is in the best interest of 6230
the children, the court may approve the plan. If the court 6231
determines that no filed plan is in the best interest of the 6232
children, the court may order each parent to submit appropriate 6233
changes to the parent's plan or both of the filed plans to meet 6234
the court's objections or may select one filed plan and order each 6235
parent to submit appropriate changes to the selected plan to meet 6236
the court's objections. If changes to the plan or plans are 6237
submitted to meet the court's objections, and if any of the filed 6238
plans with the changes is in the best interest of the children, 6239
the court may approve the plan with the changes. If changes to the 6240
plan or plans are not submitted to meet the court's objections, or 6241
if the parents submit changes to the plan or plans to meet the 6242
court's objections but the court determines that none of the filed 6243
plans with the submitted changes is in the best interest of the 6244
children, the court may reject the portion of the parents' 6245
pleadings or deny the parents' motion or reject the portion of the 6246
parents' pleadings or deny their motions requesting shared 6247
parenting of the children and proceed as if the request or 6248
requests or the motion or motions had not been made. If the court 6249
approves a plan under this division, either as originally filed or 6250
with submitted changes, or if the court rejects the portion of the 6251
pleadings or denies the motion or motions requesting shared 6252
parenting under this division and proceeds as if the request or 6253
requests or the motion or motions had not been made, the court 6254
shall enter in the record of the case findings of fact and 6255
conclusions of law as to the reasons for the approval or the 6256
rejection or denial. Division (D)(1)(b) of this section applies in 6257
relation to the approval or disapproval of a plan under this 6258
division. 6259

       (b) The approval of a plan under division (D)(1)(a)(ii) or 6260
(iii) of this section is discretionary with the court. The court 6261
shall not approve more than one plan under either division and 6262
shall not approve a plan under either division unless it 6263
determines that the plan is in the best interest of the children. 6264
If the court, under either division, does not determine that any 6265
filed plan or any filed plan with submitted changes is in the best 6266
interest of the children, the court shall not approve any plan. 6267

       (c) Whenever possible, the court shall require that a shared 6268
parenting plan approved under division (D)(1)(a)(i), (ii), or 6269
(iii) of this section ensure the opportunity for both parents to 6270
have frequent and continuing contact with the child, unless 6271
frequent and continuing contact with any parent would not be in 6272
the best interest of the child. 6273

       (d) If a court approves a shared parenting plan under 6274
division (D)(1)(a)(i), (ii), or (iii) of this section, the 6275
approved plan shall be incorporated into a final shared parenting 6276
decree granting the parents the shared parenting of the children. 6277
Any final shared parenting decree shall be issued at the same time 6278
as and shall be appended to the final decree of dissolution, 6279
divorce, annulment, or legal separation arising out of the action 6280
out of which the question of the allocation of parental rights and 6281
responsibilities for the care of the children arose. 6282

       No provisional shared parenting decree shall be issued in 6283
relation to any shared parenting plan approved under division 6284
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared 6285
parenting decree issued under this division has immediate effect 6286
as a final decree on the date of its issuance, subject to 6287
modification or termination as authorized by this section. 6288

       (2) If the court finds, with respect to any child under 6289
eighteen years of age, that it is in the best interest of the 6290
child for neither parent to be designated the residential parent 6291
and legal custodian of the child, it may commit the child to a 6292
relative of the child or certify a copy of its findings, together 6293
with as much of the record and the further information, in 6294
narrative form or otherwise, that it considers necessary or as the 6295
juvenile court requests, to the juvenile court for further 6296
proceedings, and, upon the certification, the juvenile court has 6297
exclusive jurisdiction. 6298

       (E)(1)(a) The court shall not modify a prior decree 6299
allocating parental rights and responsibilities for the care of 6300
children unless it finds, based on facts that have arisen since 6301
the prior decree or that were unknown to the court at the time of 6302
the prior decree, that a change has occurred in the circumstances 6303
of the child, the child's residential parent, or either of the 6304
parents subject to a shared parenting decree, and that the 6305
modification is necessary to serve the best interest of the child. 6306
In applying these standards, the court shall retain the 6307
residential parent designated by the prior decree or the prior 6308
shared parenting decree, unless a modification is in the best 6309
interest of the child and one of the following applies: 6310

       (i) The residential parent agrees to a change in the 6311
residential parent or both parents under a shared parenting decree 6312
agree to a change in the designation of residential parent. 6313

       (ii) The child, with the consent of the residential parent or 6314
of both parents under a shared parenting decree, has been 6315
integrated into the family of the person seeking to become the 6316
residential parent. 6317

       (iii) The harm likely to be caused by a change of environment 6318
is outweighed by the advantages of the change of environment to 6319
the child. 6320

       (b) One or both of the parents under a prior decree 6321
allocating parental rights and responsibilities for the care of 6322
children that is not a shared parenting decree may file a motion 6323
requesting that the prior decree be modified to give both parents 6324
shared rights and responsibilities for the care of the children. 6325
The motion shall include both a request for modification of the 6326
prior decree and a request for a shared parenting order that 6327
complies with division (G) of this section. Upon the filing of the 6328
motion, if the court determines that a modification of the prior 6329
decree is authorized under division (E)(1)(a) of this section, the 6330
court may modify the prior decree to grant a shared parenting 6331
order, provided that the court shall not modify the prior decree 6332
to grant a shared parenting order unless the court complies with 6333
divisions (A) and (D)(1) of this section and, in accordance with 6334
those divisions, approves the submitted shared parenting plan and 6335
determines that shared parenting would be in the best interest of 6336
the children. 6337

       (2) In addition to a modification authorized under division 6338
(E)(1) of this section: 6339

       (a) Both parents under a shared parenting decree jointly may 6340
modify the terms of the plan for shared parenting approved by the 6341
court and incorporated by it into the shared parenting decree. 6342
Modifications under this division may be made at any time. The 6343
modifications to the plan shall be filed jointly by both parents 6344
with the court, and the court shall include them in the plan, 6345
unless they are not in the best interest of the children. If the 6346
modifications are not in the best interests of the children, the 6347
court, in its discretion, may reject the modifications or make 6348
modifications to the proposed modifications or the plan that are 6349
in the best interest of the children. Modifications jointly 6350
submitted by both parents under a shared parenting decree shall be 6351
effective, either as originally filed or as modified by the court, 6352
upon their inclusion by the court in the plan. Modifications to 6353
the plan made by the court shall be effective upon their inclusion 6354
by the court in the plan. 6355

       (b) The court may modify the terms of the plan for shared 6356
parenting approved by the court and incorporated by it into the 6357
shared parenting decree upon its own motion at any time if the 6358
court determines that the modifications are in the best interest 6359
of the children or upon the request of one or both of the parents 6360
under the decree. Modifications under this division may be made at 6361
any time. The court shall not make any modification to the plan 6362
under this division, unless the modification is in the best 6363
interest of the children. 6364

       (c) The court may terminate a prior final shared parenting 6365
decree that includes a shared parenting plan approved under 6366
division (D)(1)(a)(i) of this section upon the request of one or 6367
both of the parents or whenever it determines that shared 6368
parenting is not in the best interest of the children. The court 6369
may terminate a prior final shared parenting decree that includes 6370
a shared parenting plan approved under division (D)(1)(a)(ii) or 6371
(iii) of this section if it determines, upon its own motion or 6372
upon the request of one or both parents, that shared parenting is 6373
not in the best interest of the children. If modification of the 6374
terms of the plan for shared parenting approved by the court and 6375
incorporated by it into the final shared parenting decree is 6376
attempted under division (E)(2)(a) of this section and the court 6377
rejects the modifications, it may terminate the final shared 6378
parenting decree if it determines that shared parenting is not in 6379
the best interest of the children. 6380

       (d) Upon the termination of a prior final shared parenting 6381
decree under division (E)(2)(c) of this section, the court shall 6382
proceed and issue a modified decree for the allocation of parental 6383
rights and responsibilities for the care of the children under the 6384
standards applicable under divisions (A), (B), and (C) of this 6385
section as if no decree for shared parenting had been granted and 6386
as if no request for shared parenting ever had been made. 6387

       (F)(1) In determining the best interest of a child pursuant 6388
to this section, whether on an original decree allocating parental 6389
rights and responsibilities for the care of children or a 6390
modification of a decree allocating those rights and 6391
responsibilities, the court shall consider all relevant factors, 6392
including, but not limited to: 6393

       (a) The wishes of the child's parents regarding the child's 6394
care; 6395

       (b) If the court has interviewed the child in chambers 6396
pursuant to division (B) of this section regarding the child's 6397
wishes and concerns as to the allocation of parental rights and 6398
responsibilities concerning the child, the wishes and concerns of 6399
the child, as expressed to the court; 6400

       (c) The child's interaction and interrelationship with the 6401
child's parents, siblings, and any other person who may 6402
significantly affect the child's best interest; 6403

       (d) The child's adjustment to the child's home, school, and 6404
community; 6405

       (e) The mental and physical health of all persons involved in 6406
the situation; 6407

       (f) The parent more likely to honor and facilitate 6408
court-approved parenting time rights or visitation and 6409
companionship rights; 6410

       (g) Whether either parent has failed to make all child 6411
support payments, including all arrearages, that are required of 6412
that parent pursuant to a child support order under which that 6413
parent is an obligor; 6414

       (h) Whether either parent or any member of the household of 6415
either parent previously has been convicted of or pleaded guilty 6416
to any criminal offense involving any act that resulted in a child 6417
being an abused child or a neglected child; whether either parent, 6418
in a case in which a child has been adjudicated an abused child or 6419
a neglected child, previously has been determined to be the 6420
perpetrator of the abusive or neglectful act that is the basis of 6421
an adjudication; whether either parent or any member of the 6422
household of either parent previously has been convicted of or 6423
pleaded guilty to a violation of section 2919.25 of the Revised 6424
Code or a sexually oriented offense involving a victim who at the 6425
time of the commission of the offense was a member of the family 6426
or household that is the subject of the current proceeding; 6427
whether either parent or any member of the household of either 6428
parent previously has been convicted of or pleaded guilty to any 6429
offense involving a victim who at the time of the commission of 6430
the offense was a member of the family or household that is the 6431
subject of the current proceeding and caused physical harm to the 6432
victim in the commission of the offense; and whether there is 6433
reason to believe that either parent has acted in a manner 6434
resulting in a child being an abused child or a neglected child; 6435

       (i) Whether the residential parent or one of the parents 6436
subject to a shared parenting decree has continuously and 6437
willfully denied the other parent's right to parenting time in 6438
accordance with an order of the court; 6439

       (j) Whether either parent has established a residence, or is 6440
planning to establish a residence, outside this state. 6441

       (2) In determining whether shared parenting is in the best 6442
interest of the children, the court shall consider all relevant 6443
factors, including, but not limited to, the factors enumerated in 6444
division (F)(1) of this section, the factors enumerated in section 6445
3119.23 of the Revised Code, and all of the following factors: 6446

       (a) The ability of the parents to cooperate and make 6447
decisions jointly, with respect to the children; 6448

       (b) The ability of each parent to encourage the sharing of 6449
love, affection, and contact between the child and the other 6450
parent; 6451

       (c) Any history of, or potential for, child abuse, spouse 6452
abuse, other domestic violence, or parental kidnapping by either 6453
parent; 6454

       (d) The geographic proximity of the parents to each other, as 6455
the proximity relates to the practical considerations of shared 6456
parenting; 6457

       (e) The recommendation of the guardian ad litem of the child, 6458
if the child has a guardian ad litem. 6459

       (3) When allocating parental rights and responsibilities for 6460
the care of children, the court shall not give preference to a 6461
parent because of that parent's financial status or condition. 6462

       (G) Either parent or both parents of any children may file a 6463
pleading or motion with the court requesting the court to grant 6464
both parents shared parental rights and responsibilities for the 6465
care of the children in a proceeding held pursuant to division (A) 6466
of this section. If a pleading or motion requesting shared 6467
parenting is filed, the parent or parents filing the pleading or 6468
motion also shall file with the court a plan for the exercise of 6469
shared parenting by both parents. If each parent files a pleading 6470
or motion requesting shared parenting but only one parent files a 6471
plan or if only one parent files a pleading or motion requesting 6472
shared parenting and also files a plan, the other parent as 6473
ordered by the court shall file with the court a plan for the 6474
exercise of shared parenting by both parents. The plan for shared 6475
parenting shall be filed with the petition for dissolution of 6476
marriage, if the question of parental rights and responsibilities 6477
for the care of the children arises out of an action for 6478
dissolution of marriage, or, in other cases, at a time at least 6479
thirty days prior to the hearing on the issue of the parental 6480
rights and responsibilities for the care of the children. A plan 6481
for shared parenting shall include provisions covering all factors 6482
that are relevant to the care of the children, including, but not 6483
limited to, provisions covering factors such as physical living 6484
arrangements, child support obligations, provision for the 6485
children's medical and dental care, school placement, and the 6486
parent with which the children will be physically located during 6487
legal holidays, school holidays, and other days of special 6488
importance. 6489

       (H) If an appeal is taken from a decision of a court that 6490
grants or modifies a decree allocating parental rights and 6491
responsibilities for the care of children, the court of appeals 6492
shall give the case calendar priority and handle it expeditiously. 6493

       (I) As used in this section~~, "abused~~: 6494

       (1) "Abused child" has the same meaning as in section 6495
2151.031 of the Revised Code, and "neglected child" has the same 6496
meaning as in section 2151.03 of the Revised Code. 6497

       (2) "Sexually oriented offense" has the same meaning as in 6498
section 2950.01 of the Revised Code. 6499

       (J) As used in the Revised Code, "shared parenting" means 6500
that the parents share, in the manner set forth in the plan for 6501
shared parenting that is approved by the court under division 6502
(D)(1) and described in division (K)(6) of this section, all or 6503
some of the aspects of physical and legal care of their children. 6504

       (K) For purposes of the Revised Code: 6505

       (1) A parent who is granted the care, custody, and control of 6506
a child under an order that was issued pursuant to this section 6507
prior to April 11, 1991, and that does not provide for shared 6508
parenting has "custody of the child" and "care, custody, and 6509
control of the child" under the order, and is the "residential 6510
parent," the "residential parent and legal custodian," or the 6511
"custodial parent" of the child under the order. 6512

       (2) A parent who primarily is allocated the parental rights 6513
and responsibilities for the care of a child and who is designated 6514
as the residential parent and legal custodian of the child under 6515
an order that is issued pursuant to this section on or after April 6516
11, 1991, and that does not provide for shared parenting has 6517
"custody of the child" and "care, custody, and control of the 6518
child" under the order, and is the "residential parent," the 6519
"residential parent and legal custodian," or the "custodial 6520
parent" of the child under the order. 6521

       (3) A parent who is not granted custody of a child under an 6522
order that was issued pursuant to this section prior to April 11, 6523
1991, and that does not provide for shared parenting is the 6524
"parent who is not the residential parent," the "parent who is not 6525
the residential parent and legal custodian," or the "noncustodial 6526
parent" of the child under the order. 6527

       (4) A parent who is not primarily allocated the parental 6528
rights and responsibilities for the care of a child and who is not 6529
designated as the residential parent and legal custodian of the 6530
child under an order that is issued pursuant to this section on or 6531
after April 11, 1991, and that does not provide for shared 6532
parenting is the "parent who is not the residential parent," the 6533
"parent who is not the residential parent and legal custodian," or 6534
the "noncustodial parent" of the child under the order. 6535

       (5) Unless the context clearly requires otherwise, if an 6536
order is issued by a court pursuant to this section and the order 6537
provides for shared parenting of a child, both parents have 6538
"custody of the child" or "care, custody, and control of the 6539
child" under the order, to the extent and in the manner specified 6540
in the order. 6541

       (6) Unless the context clearly requires otherwise and except 6542
as otherwise provided in the order, if an order is issued by a 6543
court pursuant to this section and the order provides for shared 6544
parenting of a child, each parent, regardless of where the child 6545
is physically located or with whom the child is residing at a 6546
particular point in time, as specified in the order, is the 6547
"residential parent," the "residential parent and legal 6548
custodian," or the "custodial parent" of the child. 6549

       (7) Unless the context clearly requires otherwise and except 6550
as otherwise provided in the order, a designation in the order of 6551
a parent as the residential parent for the purpose of determining 6552
the school the child attends, as the custodial parent for purposes 6553
of claiming the child as a dependent pursuant to section 152(e) of 6554
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 6555
1, as amended, or as the residential parent for purposes of 6556
receiving public assistance pursuant to division (A)(2) of this 6557
section, does not affect the designation pursuant to division 6558
(K)(6) of this section of each parent as the "residential parent," 6559
the "residential parent and legal custodian," or the "custodial 6560
parent" of the child. 6561

       (L) The court shall require each parent of a child to file an 6562
affidavit attesting as to whether the parent, and the members of 6563
the parent's household, have been convicted of or pleaded guilty 6564
to any of the offenses identified in divisions (C) and (F)(1)(h) 6565
of this section. 6566

       Sec. 3113.31. (A) As used in this section: 6567

       (1) "Domestic violence" means the occurrence of one or more 6568
of the following acts against a family or household member: 6569

       (a) Attempting to cause or recklessly causing bodily injury; 6570

       (b) Placing another person by the threat of force in fear of 6571
imminent serious physical harm or committing a violation of 6572
section 2903.211 or 2911.211 of the Revised Code; 6573

       (c) Committing any act with respect to a child that would 6574
result in the child being an abused child, as defined in section 6575
2151.031 of the Revised Code; 6576

       (d) Committing a sexually oriented offense. 6577

       (2) "Court" means the domestic relations division of the 6578
court of common pleas in counties that have a domestic relations 6579
division, and the court of common pleas in counties that do not 6580
have a domestic relations division. 6581

       (3) "Family or household member" means any of the following: 6582

       (a) Any of the following who is residing with or has resided 6583
with the respondent: 6584

       (i) A spouse, a person living as a spouse, or a former spouse 6585
of the respondent; 6586

       (ii) A parent or a child of the respondent, or another person 6587
related by consanguinity or affinity to the respondent; 6588

       (iii) A parent or a child of a spouse, person living as a 6589
spouse, or former spouse of the respondent, or another person 6590
related by consanguinity or affinity to a spouse, person living as 6591
a spouse, or former spouse of the respondent. 6592

       (b) The natural parent of any child of whom the respondent is 6593
the other natural parent or is the putative other natural parent. 6594

       (4) "Person living as a spouse" means a person who is living 6595
or has lived with the respondent in a common law marital 6596
relationship, who otherwise is cohabiting with the respondent, or 6597
who otherwise has cohabited with the respondent within five years 6598
prior to the date of the alleged occurrence of the act in 6599
question. 6600

       (5) "Victim advocate" means a person who provides support and 6601
assistance for a person who files a petition under this section. 6602

       (6) "Sexually oriented offense" has the same meaning as in 6603
section 2950.01 of the Revised Code. 6604

       (B) The court has jurisdiction over all proceedings under 6605
this section. The petitioner's right to relief under this section 6606
is not affected by the petitioner's leaving the residence or 6607
household to avoid further domestic violence. 6608

       (C) A person may seek relief under this section on the 6609
person's own behalf, or any parent or adult household member may 6610
seek relief under this section on behalf of any other family or 6611
household member, by filing a petition with the court. The 6612
petition shall contain or state: 6613

       (1) An allegation that the respondent engaged in domestic 6614
violence against a family or household member of the respondent, 6615
including a description of the nature and extent of the domestic 6616
violence~~, or committed a sexually oriented offense against the~~ 6617
~~petitioner or the victim if other than the petitioner~~; 6618

       (2) The relationship of the respondent to the petitioner, and 6619
to the victim if other than the petitioner; 6620

       (3) A request for relief under this section. 6621

       (D)(1) If a person who files a petition pursuant to this 6622
section requests an ex parte order, the court shall hold an ex 6623
parte hearing on the same day that the petition is filed. The 6624
court, for good cause shown at the ex parte hearing, may enter any 6625
temporary orders, with or without bond, including, but not limited 6626
to, an order described in division (E)(1)(a), (b), or (c) of this 6627
section, that the court finds necessary to protect the family or 6628
household member from domestic violence ~~or to protect the~~ 6629
~~petitioner or victim from a sexually oriented offense~~. Immediate 6630
and present danger of domestic violence to the family or household 6631
member ~~or of a sexually oriented offense to the petitioner or~~ 6632
~~victim~~ constitutes good cause for purposes of this section. 6633
Immediate and present danger includes, but is not limited to, 6634
situations in which the respondent has threatened the family or 6635
household member with bodily harm, in which the respondent has 6636
threatened the ~~petitioner or victim~~family or household member 6637
with a sexually oriented offense, or in which the respondent 6638
previously has been convicted of or pleaded guilty to an offense 6639
that constitutes domestic violence against the family or household 6640
member ~~or a sexually oriented offense against the petitioner or~~ 6641
~~victim~~. 6642

       (2)(a) If the court, after an ex parte hearing, issues an 6643
order described in division (E)(1)(b) or (c) of this section, the 6644
court shall schedule a full hearing for a date that is within 6645
seven court days after the ex parte hearing. If any other type of 6646
protection order that is authorized under division (E) of this 6647
section is issued by the court after an ex parte hearing, the 6648
court shall schedule a full hearing for a date that is within ten 6649
court days after the ex parte hearing. The court shall give the 6650
respondent notice of, and an opportunity to be heard at, the full 6651
hearing. The court shall hold the full hearing on the date 6652
scheduled under this division unless the court grants a 6653
continuance of the hearing in accordance with this division. Under 6654
any of the following circumstances or for any of the following 6655
reasons, the court may grant a continuance of the full hearing to 6656
a reasonable time determined by the court: 6657

       (i) Prior to the date scheduled for the full hearing under 6658
this division, the respondent has not been served with the 6659
petition filed pursuant to this section and notice of the full 6660
hearing. 6661

       (ii) The parties consent to the continuance. 6662

       (iii) The continuance is needed to allow a party to obtain 6663
counsel. 6664

       (iv) The continuance is needed for other good cause. 6665

       (b) An ex parte order issued under this section does not 6666
expire because of a failure to serve notice of the full hearing 6667
upon the respondent before the date set for the full hearing under 6668
division (D)(2)(a) of this section or because the court grants a 6669
continuance under that division. 6670

       (3) If a person who files a petition pursuant to this section 6671
does not request an ex parte order, or if a person requests an ex 6672
parte order but the court does not issue an ex parte order after 6673
an ex parte hearing, the court shall proceed as in a normal civil 6674
action and grant a full hearing on the matter. 6675

       (E)(1) After an ex parte or full hearing, the court may grant 6676
any protection order, with or without bond, or approve any consent 6677
agreement to bring about a cessation of domestic violence against 6678
the family or household members. The order or agreement may: 6679

       (a) Direct the respondent to refrain from abusing or from 6680
committing sexually oriented offenses against the family or 6681
household members~~, or from committing sexually oriented offenses~~ 6682
~~against the petitioner or victim~~; 6683

       (b) Grant possession of the residence or household to the 6684
petitioner or other family or household member, to the exclusion 6685
of the respondent, by evicting the respondent, when the residence 6686
or household is owned or leased solely by the petitioner or other 6687
family or household member, or by ordering the respondent to 6688
vacate the premises, when the residence or household is jointly 6689
owned or leased by the respondent, and the petitioner or other 6690
family or household member; 6691

       (c) When the respondent has a duty to support the petitioner 6692
or other family or household member living in the residence or 6693
household and the respondent is the sole owner or lessee of the 6694
residence or household, grant possession of the residence or 6695
household to the petitioner or other family or household member, 6696
to the exclusion of the respondent, by ordering the respondent to 6697
vacate the premises, or, in the case of a consent agreement, allow 6698
the respondent to provide suitable, alternative housing; 6699

       (d) Temporarily allocate parental rights and responsibilities 6700
for the care of, or establish temporary parenting time rights with 6701
regard to, minor children, if no other court has determined, or is 6702
determining, the allocation of parental rights and 6703
responsibilities for the minor children or parenting time rights; 6704

       (e) Require the respondent to maintain support, if the 6705
respondent customarily provides for or contributes to the support 6706
of the family or household member, or if the respondent has a duty 6707
to support the petitioner or family or household member; 6708

       (f) Require the respondent, petitioner, victim of domestic 6709
violence, or any combination of those persons, to seek counseling; 6710

       (g) Require the respondent to refrain from entering the 6711
residence, school, business, or place of employment of the 6712
petitioner or family or household member; 6713

       (h) Grant other relief that the court considers equitable and 6714
fair, including, but not limited to, ordering the respondent to 6715
permit the use of a motor vehicle by the petitioner or other 6716
family or household member and the apportionment of household and 6717
family personal property. 6718

       (2) If a protection order has been issued pursuant to this 6719
section in a prior action involving the respondent and the 6720
petitioner or one or more of the family or household members or 6721
victims, the court may include in a protection order that it 6722
issues a prohibition against the respondent returning to the 6723
residence or household. If it includes a prohibition against the 6724
respondent returning to the residence or household in the order, 6725
it also shall include in the order provisions of the type 6726
described in division (E)(7) of this section. This division does 6727
not preclude the court from including in a protection order or 6728
consent agreement, in circumstances other than those described in 6729
this division, a requirement that the respondent be evicted from 6730
or vacate the residence or household or refrain from entering the 6731
residence, school, business, or place of employment of the 6732
petitioner or a family or household member, and, if the court 6733
includes any requirement of that type in an order or agreement, 6734
the court also shall include in the order provisions of the type 6735
described in division (E)(7) of this section. 6736

       (3)(a) Any protection order issued or consent agreement 6737
approved under this section shall be valid until a date certain, 6738
but not later than five years from the date of its issuance or 6739
approval unless modified or terminated as provided in division 6740
(E)(8) of this section. 6741

       (b) Subject to the limitation on the duration of an order or 6742
agreement set forth in division (E)(3)(a) of this section, any 6743
order under division (E)(1)(d) of this section shall terminate on 6744
the date that a court in an action for divorce, dissolution of 6745
marriage, or legal separation brought by the petitioner or 6746
respondent issues an order allocating parental rights and 6747
responsibilities for the care of children or on the date that a 6748
juvenile court in an action brought by the petitioner or 6749
respondent issues an order awarding legal custody of minor 6750
children. Subject to the limitation on the duration of an order or 6751
agreement set forth in division (E)(3)(a) of this section, any 6752
order under division (E)(1)(e) of this section shall terminate on 6753
the date that a court in an action for divorce, dissolution of 6754
marriage, or legal separation brought by the petitioner or 6755
respondent issues a support order or on the date that a juvenile 6756
court in an action brought by the petitioner or respondent issues 6757
a support order. 6758

       (c) Any protection order issued or consent agreement approved 6759
pursuant to this section may be renewed in the same manner as the 6760
original order or agreement was issued or approved. 6761

       (4) A court may not issue a protection order that requires a 6762
petitioner to do or to refrain from doing an act that the court 6763
may require a respondent to do or to refrain from doing under 6764
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this 6765
section unless all of the following apply: 6766

       (a) The respondent files a separate petition for a protection 6767
order in accordance with this section. 6768

       (b) The petitioner is served notice of the respondent's 6769
petition at least forty-eight hours before the court holds a 6770
hearing with respect to the respondent's petition, or the 6771
petitioner waives the right to receive this notice. 6772

       (c) If the petitioner has requested an ex parte order 6773
pursuant to division (D) of this section, the court does not delay 6774
any hearing required by that division beyond the time specified in 6775
that division in order to consolidate the hearing with a hearing 6776
on the petition filed by the respondent. 6777

       (d) After a full hearing at which the respondent presents 6778
evidence in support of the request for a protection order and the 6779
petitioner is afforded an opportunity to defend against that 6780
evidence, the court determines that the petitioner has committed 6781
an act of domestic violence or has violated a temporary protection 6782
order issued pursuant to section 2919.26 of the Revised Code, that 6783
both the petitioner and the respondent acted primarily as 6784
aggressors, and that neither the petitioner nor the respondent 6785
acted primarily in self-defense. 6786

       (5) No protection order issued or consent agreement approved 6787
under this section shall in any manner affect title to any real 6788
property. 6789

       (6)(a) If a petitioner, or the child of a petitioner, who 6790
obtains a protection order or consent agreement pursuant to 6791
division (E)(1) of this section or a temporary protection order 6792
pursuant to section 2919.26 of the Revised Code and is the subject 6793
of a parenting time order issued pursuant to section 3109.051 or 6794
3109.12 of the Revised Code or a visitation or companionship order 6795
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the 6796
Revised Code or division (E)(1)(d) of this section granting 6797
parenting time rights to the respondent, the court may require the 6798
public children services agency of the county in which the court 6799
is located to provide supervision of the respondent's exercise of 6800
parenting time or visitation or companionship rights with respect 6801
to the child for a period not to exceed nine months, if the court 6802
makes the following findings of fact: 6803

       (i) The child is in danger from the respondent; 6804

       (ii) No other person or agency is available to provide the 6805
supervision. 6806

       (b) A court that requires an agency to provide supervision 6807
pursuant to division (E)(6)(a) of this section shall order the 6808
respondent to reimburse the agency for the cost of providing the 6809
supervision, if it determines that the respondent has sufficient 6810
income or resources to pay that cost. 6811

       (7)(a) If a protection order issued or consent agreement 6812
approved under this section includes a requirement that the 6813
respondent be evicted from or vacate the residence or household or 6814
refrain from entering the residence, school, business, or place of 6815
employment of the petitioner or a family or household member, the 6816
order or agreement shall state clearly that the order or agreement 6817
cannot be waived or nullified by an invitation to the respondent 6818
from the petitioner or other family or household member to enter 6819
the residence, school, business, or place of employment or by the 6820
respondent's entry into one of those places otherwise upon the 6821
consent of the petitioner or other family or household member. 6822

       (b) Division (E)(7)(a) of this section does not limit any 6823
discretion of a court to determine that a respondent charged with 6824
a violation of section 2919.27 of the Revised Code, with a 6825
violation of a municipal ordinance substantially equivalent to 6826
that section, or with contempt of court, which charge is based on 6827
an alleged violation of a protection order issued or consent 6828
agreement approved under this section, did not commit the 6829
violation or was not in contempt of court. 6830

       (8)(a) The court may modify or terminate as provided in 6831
division (E)(8) of this section a protection order or consent 6832
agreement that was issued after a full hearing under this section. 6833
The court that issued the protection order or approved the consent 6834
agreement shall hear a motion for modification or termination of 6835
the protection order or consent agreement pursuant to division 6836
(E)(8) of this section. 6837

       (b) Either the petitioner or the respondent of the original 6838
protection order or consent agreement may bring a motion for 6839
modification or termination of a protection order or consent 6840
agreement that was issued or approved after a full hearing. The 6841
court shall require notice of the motion to be made as provided by 6842
the Rules of Civil Procedure. If the petitioner for the original 6843
protection order or consent agreement has requested that the 6844
petitioner's address be kept confidential, the court shall not 6845
disclose the address to the respondent of the original protection 6846
order or consent agreement or any other person, except as 6847
otherwise required by law. The moving party has the burden of 6848
proof to show, by a preponderance of the evidence, that 6849
modification or termination of the protection order or consent 6850
agreement is appropriate because either the protection order or 6851
consent agreement is no longer needed or because the terms of the 6852
original protection order or consent agreement are no longer 6853
appropriate. 6854

       (c) In considering whether to modify or terminate a 6855
protection order or consent agreement issued or approved under 6856
this section, the court shall consider all relevant factors, 6857
including, but not limited to, the following: 6858

       (i) Whether the petitioner consents to modification or 6859
termination of the protection order or consent agreement; 6860

       (ii) Whether the petitioner fears the respondent; 6861

       (iii) The current nature of the relationship between the 6862
petitioner and the respondent; 6863

       (iv) The circumstances of the petitioner and respondent, 6864
including the relative proximity of the petitioner's and 6865
respondent's workplaces and residences and whether the petitioner 6866
and respondent have minor children together; 6867

       (v) Whether the respondent has complied with the terms and 6868
conditions of the original protection order or consent agreement; 6869

       (vi) Whether the respondent has a continuing involvement with 6870
illegal drugs or alcohol; 6871

       (vii) Whether the respondent has been convicted of or pleaded 6872
guilty to an offense of violence since the issuance of the 6873
protection order or approval of the consent agreement; 6874

       (viii) Whether any other protection orders, consent 6875
agreements, restraining orders, or no contact orders have been 6876
issued against the respondent pursuant to this section, section 6877
2919.26 of the Revised Code, any other provision of state law, or 6878
the law of any other state; 6879

       (ix) Whether the respondent has participated in any domestic 6880
violence treatment, intervention program, or other counseling 6881
addressing domestic violence and whether the respondent has 6882
completed the treatment, program, or counseling; 6883

       (x) The time that has elapsed since the protection order was 6884
issued or since the consent agreement was approved; 6885

       (xi) The age and health of the respondent; 6886

       (xii) When the last incident of abuse, threat of harm, or 6887
commission of a sexually oriented offense occurred or other 6888
relevant information concerning the safety and protection of the 6889
petitioner or other protected parties. 6890

       (d) If a protection order or consent agreement is modified or 6891
terminated as provided in division (E)(8) of this section, the 6892
court shall issue copies of the modified or terminated order or 6893
agreement as provided in division (F) of this section. A 6894
petitioner may also provide notice of the modification or 6895
termination to the judicial and law enforcement officials in any 6896
county other than the county in which the order or agreement is 6897
modified or terminated as provided in division (N) of this 6898
section. 6899

       (e) If the respondent moves for modification or termination 6900
of a protection order or consent agreement pursuant to this 6901
section, the court may assess costs against the respondent for the 6902
filing of the motion. 6903

       (F)(1) A copy of any protection order, or consent agreement, 6904
that is issued or, approved, modified, or terminated under this 6905
section shall be issued by the court to the petitioner, to the 6906
respondent, and to all law enforcement agencies that have 6907
jurisdiction to enforce the order or agreement. The court shall 6908
direct that a copy of an order be delivered to the respondent on 6909
the same day that the order is entered. 6910

       (2) All law enforcement agencies shall establish and maintain 6911
an index for the protection orders and the approved consent 6912
agreements delivered to the agencies pursuant to division (F)(1) 6913
of this section. With respect to each order and consent agreement 6914
delivered, each agency shall note on the index the date and time 6915
that it received the order or consent agreement. 6916

       (3) Regardless of whether the petitioner has registered the 6917
order or agreement in the county in which the officer's agency has 6918
jurisdiction pursuant to division (N) of this section, any officer 6919
of a law enforcement agency shall enforce a protection order 6920
issued or consent agreement approved by any court in this state in 6921
accordance with the provisions of the order or agreement, 6922
including removing the respondent from the premises, if 6923
appropriate. 6924

       (G) Any proceeding under this section shall be conducted in 6925
accordance with the Rules of Civil Procedure, except that an order 6926
under this section may be obtained with or without bond. An order 6927
issued under this section, other than an ex parte order, that 6928
grants a protection order or approves a consent agreement, or that 6929
refuses to grant a protection order or approve a consent agreement 6930
that modifies or terminates a protection order or consent 6931
agreement, or that refuses to modify or terminate a protection 6932
order or consent agreement, is a final, appealable order. The 6933
remedies and procedures provided in this section are in addition 6934
to, and not in lieu of, any other available civil or criminal 6935
remedies. 6936

       (H) The filing of proceedings under this section does not 6937
excuse a person from filing any report or giving any notice 6938
required by section 2151.421 of the Revised Code or by any other 6939
law. When a petition under this section alleges domestic violence 6940
against minor children, the court shall report the fact, or cause 6941
reports to be made, to a county, township, or municipal peace 6942
officer under section 2151.421 of the Revised Code. 6943

       (I) Any law enforcement agency that investigates a domestic 6944
dispute shall provide information to the family or household 6945
members involved regarding the relief available under this section 6946
and section 2919.26 of the Revised Code. 6947

       (J) Notwithstanding any provision of law to the contrary and 6948
regardless of whether a protection order is issued or a consent 6949
agreement is approved by a court of another county or a court of 6950
another state, no court or unit of state or local government shall 6951
charge any fee, cost, deposit, or money in connection with the 6952
filing of a petition pursuant to this section or in connection 6953
with the filing, issuance, registration, or service of a 6954
protection order or consent agreement, or for obtaining a 6955
certified copy of a protection order or consent agreement. 6956

       (K)(1) The court shall comply with Chapters 3119., 3121., 6957
3123., and 3125. of the Revised Code when it makes or modifies an 6958
order for child support under this section. 6959

       (2) If any person required to pay child support under an 6960
order made under this section on or after April 15, 1985, or 6961
modified under this section on or after December 31, 1986, is 6962
found in contempt of court for failure to make support payments 6963
under the order, the court that makes the finding, in addition to 6964
any other penalty or remedy imposed, shall assess all court costs 6965
arising out of the contempt proceeding against the person and 6966
require the person to pay any reasonable attorney's fees of any 6967
adverse party, as determined by the court, that arose in relation 6968
to the act of contempt. 6969

       (L)(1) A person who violates a protection order issued or a 6970
consent agreement approved under this section is subject to the 6971
following sanctions: 6972

       (a) Criminal prosecution for a violation of section 2919.27 6973
of the Revised Code, if the violation of the protection order or 6974
consent agreement constitutes a violation of that section; 6975

       (b) Punishment for contempt of court. 6976

       (2) The punishment of a person for contempt of court for 6977
violation of a protection order issued or a consent agreement 6978
approved under this section does not bar criminal prosecution of 6979
the person for a violation of section 2919.27 of the Revised Code. 6980
However, a person punished for contempt of court is entitled to 6981
credit for the punishment imposed upon conviction of a violation 6982
of that section, and a person convicted of a violation of that 6983
section shall not subsequently be punished for contempt of court 6984
arising out of the same activity. 6985

       (M) In all stages of a proceeding under this section, a 6986
petitioner may be accompanied by a victim advocate. 6987

       (N)(1) A petitioner who obtains a protection order or consent 6988
agreement under this section or a temporary protection order under 6989
section 2919.26 of the Revised Code may provide notice of the 6990
issuance or approval of the order or agreement to the judicial and 6991
law enforcement officials in any county other than the county in 6992
which the order is issued or the agreement is approved by 6993
registering that order or agreement in the other county pursuant 6994
to division (N)(2) of this section and filing a copy of the 6995
registered order or registered agreement with a law enforcement 6996
agency in the other county in accordance with that division. A 6997
person who obtains a protection order issued by a court of another 6998
state may provide notice of the issuance of the order to the 6999
judicial and law enforcement officials in any county of this state 7000
by registering the order in that county pursuant to section 7001
2919.272 of the Revised Code and filing a copy of the registered 7002
order with a law enforcement agency in that county. 7003

       (2) A petitioner may register a temporary protection order, 7004
protection order, or consent agreement in a county other than the 7005
county in which the court that issued the order or approved the 7006
agreement is located in the following manner: 7007

       (a) The petitioner shall obtain a certified copy of the order 7008
or agreement from the clerk of the court that issued the order or 7009
approved the agreement and present that certified copy to the 7010
clerk of the court of common pleas or the clerk of a municipal 7011
court or county court in the county in which the order or 7012
agreement is to be registered. 7013

       (b) Upon accepting the certified copy of the order or 7014
agreement for registration, the clerk of the court of common 7015
pleas, municipal court, or county court shall place an endorsement 7016
of registration on the order or agreement and give the petitioner 7017
a copy of the order or agreement that bears that proof of 7018
registration. 7019

       (3) The clerk of each court of common pleas, the clerk of 7020
each municipal court, and the clerk of each county court shall 7021
maintain a registry of certified copies of temporary protection 7022
orders, protection orders, or consent agreements that have been 7023
issued or approved by courts in other counties and that have been 7024
registered with the clerk. 7025

       Sec. 5120.49. The department of rehabilitation and 7026
correction, by rule adopted under Chapter 119. of the Revised 7027
Code, shall prescribe standards and guidelines to be used by the 7028
parole board in determining, pursuant to section 2971.04 of the 7029
Revised Code, whether it should terminate its control over an 7030
offender's service of a prison term imposed upon the offender 7031
under division (A)(3) of section 2971.03 of the Revised Code for 7032
conviction of or a plea of guilty to a violent sex offense and a 7033
sexually violent predator specification or for conviction of or a 7034
plea of guilty to a designated homicide, assault, or kidnapping 7035
offense and both a sexual motivation specification and a sexually 7036
violent predator specification, imposed upon the offender under 7037
division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised 7038
Code for conviction of or a plea of guilty to a violation of 7039
division (A)(1)(b) of section 2907.02 of the Revised Code 7040
committed on or after the effective date of this amendment, or 7041
imposed upon the offender under division (B)(2)(a), (b), or (c) of 7042
section 2971.03 of the Revised Code for conviction of or a plea of 7043
guilty to attempted rape committed on or after the effective date 7044
of this amendment and a conviction of or plea of guilty to a 7045
specification of the type described in section 2941.1418, 7046
2941.1419, or 2941.1420 of the Revised Code. The rules shall 7047
include provisions that specify that the parole board may not 7048
terminate its control over an offender's service of a prison term 7049
imposed upon the offender under ~~that division~~either of the 7050
specified divisions until after the offender has served the 7051
minimum term imposed as part of that prison term and until the 7052
parole board has determined that the offender does not represent a 7053
substantial risk of physical harm to others. 7054

       Sec. 5120.61. (A)(1) Not later than ninety days after ~~the~~ 7055
~~effective date of this section~~January 1, 1997, the department of 7056
rehabilitation and correction shall adopt standards that it will 7057
use under this section to assess a criminal offender who is 7058
convicted of or pleads guilty to a violent sex offense or 7059
designated homicide, assault, or kidnapping offense and is 7060
adjudicated a sexually violent predator in relation to that 7061
offense, who is convicted of or pleads guilty to a violation of 7062
division (A)(1)(b) of section 2907.02 of the Revised Code 7063
committed on or after the effective date of this amendment, or who 7064
is convicted of or pleads guilty to attempted rape committed on or 7065
after the effective date of this amendment and a specification of 7066
the type described in section 2941.1418, 2941.1419, or 2941.1420 7067
of the Revised Code. The department may periodically revise the 7068
standards. 7069

       (2) When the department is requested by the parole board or 7070
the court to provide a risk assessment report of the offender 7071
under section 2971.04 or 2971.05 of the Revised Code, it shall 7072
assess the offender and complete the assessment as soon as 7073
possible after the offender has commenced serving the prison term 7074
or term of life imprisonment without parole imposed under division 7075
(A), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 7076
2971.03 of the Revised Code. Thereafter, the department shall 7077
update a risk assessment report pertaining to an offender as 7078
follows: 7079

       (a) Periodically, in the discretion of the department, 7080
provided that each report shall be updated no later than two years 7081
after its initial preparation or most recent update; 7082

       (b) Upon the request of the parole board for use in 7083
determining pursuant to section 2971.04 of the Revised Code 7084
whether it should terminate its control over an offender's service 7085
of a prison term imposed upon the offender under division (A)(3), 7086
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 7087
2971.03 of the Revised Code; 7088

       (c) Upon the request of the court. 7089

       (3) After the department of rehabilitation and correction 7090
assesses an offender pursuant to division (A)(2) of this section, 7091
it shall prepare a report that contains its risk assessment for 7092
the offender or, if a risk assessment report previously has been 7093
prepared, it shall update the risk assessment report. 7094

       (4) The department of rehabilitation and correction shall 7095
provide each risk assessment report that it prepares or updates 7096
pursuant to this section regarding an offender to all of the 7097
following: 7098

       (a) The parole board for its use in determining pursuant to 7099
section 2971.04 of the Revised Code whether it should terminate 7100
its control over an offender's service of a prison term imposed 7101
upon the offender under division (A)(3), (B)(1)(a), (b), or (c), 7102
or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, 7103
if the parole board has not terminated its control over the 7104
offender; 7105

       (b) The court for use in determining, pursuant to section 7106
2971.05 of the Revised Code, whether to modify the requirement 7107
that the offender serve the entire prison term imposed upon the 7108
offender under division (A)(3), (B)(1)(a), (b), or (c), or 7109
(B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code in a 7110
state correctional institution, whether to revise any modification 7111
previously made, or whether to terminate the prison term; 7112

       (c) The prosecuting attorney who prosecuted the case, or the 7113
successor in office to that prosecuting attorney; 7114

       (d) The offender. 7115

       (B) When the department of rehabilitation and correction 7116
provides a risk assessment report regarding an offender to the 7117
parole board or court pursuant to division (A)(4)(a) or (b) of 7118
this section, the department, prior to the parole board's or 7119
court's hearing, also shall provide to the offender or to the 7120
offender's attorney of record a copy of the report and a copy of 7121
any other relevant documents the department possesses regarding 7122
the offender that the department does not consider to be 7123
confidential. 7124

       (C) As used in this section: 7125

        (1) "Adjudicated a sexually violent predator" has the same 7126
meaning as in section 2929.01 of the Revised Code, and a person is 7127
"adjudicated a sexually violent predator" in the same manner and 7128
the same circumstances as are described in that section. 7129

        (2) "Designated homicide, assault, or kidnapping offense" and 7130
"violent sex offense" have the same meanings as in section 2971.01 7131
of the Revised Code. 7132

       Sec. 5120.66. (A) Within ninety days after ~~the effective~~ 7133
~~date of this section~~November 23, 2005, but not before January 1, 7134
2006, the department of rehabilitation and correction shall 7135
establish and operate on the internet a database that contains all 7136
of the following: 7137

       (1) For each inmate in the custody of the department under a 7138
sentence imposed for a conviction of or plea of guilty to any 7139
offense, all of the following information: 7140

       (a) The inmate's name; 7141

       (b) For each offense for which the inmate was sentenced to a 7142
prison term or term of imprisonment and is in the department's 7143
custody, the name of the offense, the Revised Code section of 7144
which the offense is a violation, the gender of each victim of the 7145
offense if those facts are known, whether each victim of the 7146
offense was an adult or child if those facts are known, the range 7147
of the possible prison terms or term of imprisonment that could 7148
have been imposed for the offense, the actual prison term or term 7149
of imprisonment imposed for the offense, the county in which the 7150
offense was committed, the date on which the inmate began serving 7151
the prison term or term of imprisonment imposed for the offense, 7152
and either the date on which the inmate will be eligible for 7153
parole relative to the offense if the prison term or term of 7154
imprisonment is an indefinite term or life term or the date on 7155
which the term ends if the prison term is a definite term; 7156

       (c) All of the following information that is applicable 7157
regarding the inmate: 7158

       (i) If known to the department prior to the conduct of any 7159
hearing for judicial release of the defendant pursuant to section 7160
2929.20 of the Revised Code in relation to any prison term or term 7161
of imprisonment the inmate is serving for any offense, notice of 7162
the fact that the inmate will be having a hearing regarding a 7163
possible grant of judicial release, the date of the hearing, and 7164
the right of any person pursuant to division (J) of that section 7165
to submit to the court a written statement regarding the possible 7166
judicial release; 7167

       (ii) If the inmate is serving a prison term pursuant to 7168
division (A)(3) of section 2971.03 of the Revised Code as a 7169
sexually violent predator who committed a sexually violent 7170
offense, a prison term pursuant to division (B)(1)(a), (b), or (c) 7171
of section 2971.03 of the Revised Code imposed for a violation of 7172
division (A)(1)(b) of section 2907.02 of the Revised Code 7173
committed on or after the effective date of this amendment, a 7174
prison term pursuant to division (B)(2)(a) of section 2971.03 of 7175
the Revised Code imposed for attempted rape committed on or after 7176
the effective date of this amendment and a specification of the 7177
type described in section 2941.1418 of the Revised Code, a prison 7178
term pursuant to division (B)(2)(b) of section 2971.03 of the 7179
Revised Code imposed for attempted rape committed on or after the 7180
effective date of this amendment and a specification of the type 7181
described in section 2941.1419 of the Revised Code, or a prison 7182
term pursuant to division (B)(2)(c) of section 2971.03 of the 7183
Revised Code imposed for attempted rape committed on or after the 7184
effective date of this amendment and a specification of the type 7185
described in section 2941.1420 of the Revised Code, prior to the 7186
conduct of any hearing pursuant to section 2971.05 of the Revised 7187
Code to determine whether to modify the requirement that the 7188
inmate serve the entire prison term in a state correctional 7189
facility in accordance with division (C) of that section, whether 7190
to continue, revise, or revoke any existing modification of that 7191
requirement, or whether to terminate the prison term in accordance 7192
with division (D) of that section, notice of the fact that the 7193
inmate will be having a hearing regarding those determinations and 7194
of the date of the hearing; 7195

       (iii) At least three weeks before the adult parole authority 7196
recommends a pardon or commutation of sentence for the inmate or 7197
at least three weeks prior to a hearing before the adult parole 7198
authority regarding a grant of parole to the inmate in relation to 7199
any prison term or term of imprisonment the inmate is serving for 7200
any offense, notice of the fact that the inmate might be under 7201
consideration for a pardon or commutation of sentence or will be 7202
having a hearing regarding a possible grant of parole, of the date 7203
of any hearing regarding a possible grant of parole, and of the 7204
right of any person to submit a written statement regarding the 7205
pending action; 7206

       (iv) At least three weeks before the inmate has a hearing 7207
regarding a transfer to transitional control under section 2967.26 7208
of the Revised Code in relation to any prison term or term of 7209
imprisonment the inmate is serving for any offense, notice of the 7210
pendency of the transfer, of the date of the possible transfer, 7211
and of the right of any person to submit a statement regarding the 7212
possible transfer; 7213

       (v) Prompt notice of the inmate's escape from any facility in 7214
which the inmate was incarcerated and of the capture of the inmate 7215
after an escape; 7216

       (vi) Notice of the inmate's death while in confinement; 7217

       (vii) Prior to the release of the inmate from confinement, 7218
notice of the fact that the inmate will be released, of the date 7219
of the release, and, if applicable, of the standard terms and 7220
conditions of the release; 7221

       (viii) Notice of the inmate's judicial release. 7222

       (2) Information as to where a person can send written 7223
statements of the types referred to in divisions (A)(1)(c)(i), 7224
(iii), and (iv) of this section. 7225

       (B)(1) The department shall update the database required 7226
under division (A) of this section every twenty-four hours to 7227
ensure that the information it contains is accurate and current. 7228

       (2) The database required under division (A) of this section 7229
is a public record open for inspection under section 149.43 of the 7230
Revised Code. The department shall make the database searchable by 7231
inmate name and by the county and zip code where the offender 7232
intends to reside after release from a state correctional 7233
institution if this information is known to the department. 7234

       (3) The database required under division (A) of this section 7235
may contain information regarding inmates who are listed in the 7236
database in addition to the information described in that 7237
division. 7238

       (4) No information included on the database required under 7239
division (A) of this section shall identify or enable the 7240
identification of any victim of any offense committed by an 7241
inmate. 7242

       (C) The failure of the department to comply with the 7243
requirements of division (A) or (B) of this section does not give 7244
any rights or any grounds for appeal or post-conviction relief to 7245
any inmate. 7246

       (D) This section, and the related provisions of sections 7247
2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted 7248
in the act in which this section was enacted, shall be known as 7249
"Laura's Law." 7250

       Sec. 5149.10. (A) The parole board shall consist of up to 7251
twelve members, one of whom shall be designated as chairperson by 7252
the director of the department of rehabilitation and correction 7253
and who shall continue as chairperson until a successor is 7254
designated, and any other personnel that are necessary for the 7255
orderly performance of the duties of the board. In addition to the 7256
rules authorized by section 5149.02 of the Revised Code, the chief 7257
of the adult parole authority, subject to the approval of the 7258
chief of the division of parole and community services and subject 7259
to this section, shall adopt rules governing the proceedings of 7260
the parole board. The rules shall provide for the convening of 7261
full board hearings, the procedures to be followed in full board 7262
hearings, and general procedures to be followed in other hearings 7263
of the board and by the board's hearing officers. The rules also 7264
shall require agreement by a majority of all the board members to 7265
any recommendation of clemency transmitted to the governor. 7266

       When the board members sit as a full board, the chairperson 7267
shall preside. The chairperson shall also allocate the work of the 7268
parole board among the board members. The full board shall meet at 7269
least once each month. In the case of a tie vote on the full 7270
board, the chief of the adult parole authority shall cast the 7271
deciding vote. The chairperson may designate a person to serve in 7272
the chairperson's place. 7273

       Except as otherwise provided in division (B) of this section, 7274
no person shall be appointed a member of the board who is not 7275
qualified by education or experience in correctional work, 7276
including law enforcement, prosecution of offenses, advocating for 7277
the rights of victims of crime, probation, or parole, in law, in 7278
social work, or in a combination of the three categories. 7279

       (B) The director of rehabilitation and correction, in 7280
consultation with the governor, shall appoint one member of the 7281
board, who shall be a person who has been a victim of crime or who 7282
is a member of a victim's family or who represents an organization 7283
that advocates for the rights of victims of crime. After 7284
appointment, this member shall be an unclassified employee of the 7285
department of rehabilitation and correction. 7286

       The initial appointment shall be for a term ending four years 7287
after the effective date of this amendment. Thereafter, the term 7288
of office of the member appointed under this division shall be for 7289
four years, with each term ending on the same day of the same 7290
month as did the term that it succeeds. The member shall hold 7291
office from the date of appointment until the end of the term for 7292
which the member was appointed and may be reappointed. Vacancies 7293
shall be filled in the manner provided for original appointments. 7294
Any member appointed under this division to fill a vacancy 7295
occurring prior to the expiration date of the term for which the 7296
member's predecessor was appointed shall hold office as a member 7297
for the remainder of that term. The member appointed under this 7298
division shall continue in office subsequent to the expiration 7299
date of the member's term until the member's successor takes 7300
office or until a period of sixty days has elapsed, whichever 7301
occurs first. 7302

       The member appointed under this division shall be compensated 7303
in the same manner as other board members and shall be reimbursed 7304
for actual and necessary expenses incurred in the performance of 7305
the members' duties. The member may vote on all cases heard by the 7306
full board under section 5149.101 of the Revised Code, has such 7307
duties as are assigned by the chairperson of the board, and shall 7308
coordinate the member's activities with the office of victims' 7309
services created under section 5120.60 of the Revised Code. 7310

       As used in this division, "crime," "member of the victim's 7311
family," and "victim" have the meanings given in section 2930.01 7312
of the Revised Code. 7313

       (C) The chairperson shall submit all recommendations for or 7314
against clemency directly to the governor. 7315

       (D) The chairperson shall transmit to the chief of the adult 7316
parole authority all determinations for or against parole made by 7317
the board. Parole determinations are final and are not subject to 7318
review or change by the chief. 7319

       (E) In addition to its duties pertaining to parole and 7320
clemency, if an offender is sentenced to a prison term pursuant to 7321
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) 7322
of section 2971.03 of the Revised Code, the parole board shall 7323
have control over the offender's service of the prison term during 7324
the entire term unless the board terminates its control in 7325
accordance with section 2971.04 of the Revised Code. The parole 7326
board may terminate its control over the offender's service of the 7327
prison term only in accordance with section 2971.04 of the Revised 7328
Code. 7329

       Section 2. That existing sections 109.42, 2743.191, 2903.212, 7330
2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2921.34, 2923.02, 7331
2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 7332
2950.09, 2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 2971.03, 7333
2971.04, 2971.05, 2971.06, 2971.07, 3109.04, 3113.31, 5120.49, 7334
5120.61, 5120.66, and 5149.10 of the Revised Code are hereby 7335
repealed. 7336

       Section 3. (A) Section 2930.16 of the Revised Code is 7337
presented in this act as a composite of the section as amended by 7338
both Am. Sub. H.B. 375 and Am. Sub. H.B. 473 of the 125th General 7339
Assembly. The General Assembly, applying the principle stated in 7340
division (B) of section 1.52 of the Revised Code that amendments 7341
are to be harmonized if reasonably capable of simultaneous 7342
operation, finds that the composite is the resulting version of 7343
the section in effect prior to the effective date of the section 7344
as presented in this act. 7345

       (B) Section 2929.01 of the Revised Code is presented in this 7346
act as a composite of the section as amended by both Am. Sub. H.B. 7347
95 and Am. Sub. H.B. 162 of the 126th General Assembly. The 7348
General Assembly, applying the principle stated in division (B) of 7349
section 1.52 of the Revised Code that amendments are to be 7350
harmonized if reasonably capable of simultaneous operation, finds 7351
that the composite is the resulting version of the section in 7352
effect prior to the effective date of the section as presented in 7353
this act. 7354

       Section 4. It is the intent of the General Assembly that the 7355
offense of child rape described in division (A)(1)(b) of section 7356
2907.02 of the Revised Code, as enacted by this act, prevails over 7357
the offense of sexual battery committed against a person who is 7358
under the age of thirteen as described in section 2907.03 of the 7359
Revised Code in circumstances when a person violates the 7360
prohibitions of both offenses. 7361

       Section 5. (A) There is hereby created the Adam Walsh study 7362
committee which shall submit recommendations to the General 7363
Assembly regarding the legislative changes that are needed to 7364
conform Ohio law to the federal Sex Offender Registration and 7365
Notification Act, Pub. L. No. 109-249 (the "Adam Walsh Act"). 7366

       (B) The committee shall be comprised of the following persons 7367
who shall serve without compensation: 7368

       (1) Two members of the House of Representatives who are from 7369
the majority party, selected by the Speaker of the House of 7370
Representatives, one of whom is to be designated as a co-chair of 7371
the committee; 7372

       (2) One member of the House of Representatives who is from 7373
the minority party, selected by the Speaker of the House of 7374
Representatives; 7375

       (3) Two members of the Senate who are from the majority 7376
party, selected by the President of the Senate, one of whom is to 7377
be designated as a co-chair of the committee; 7378

       (4) One member of the Senate who is from the minority party, 7379
selected by the President of the Senate; 7380

       (5) A representative of the Ohio Prosecuting Attorneys 7381
Association; 7382

       (6) A representative of the Attorney General's Office; 7383

       (7) A representative of the Ohio Department of Rehabilitation 7384
and Correction; 7385

       (8) A representative of the Ohio Department of Youth 7386
Services; 7387

       (9) A representative of the Office of the Ohio Public 7388
Defender; 7389

       (10) A representative of the Ohio Judicial Conference; 7390

       (11) A representative of the Ohio Office of Criminal Justice 7391
Services. 7392

       (C) The committee shall submit recommendations to the General 7393
Assembly by March 30, 2007, regarding legislative changes that are 7394
needed to qualify for the federal Sex Offender Management 7395
Assistance Program authorized by the federal Sex Offender 7396
Notification and Registration Act. Any other recommendations of 7397
the committee shall be submitted to the General Assembly by 7398
December 31, 2007. Upon submission of the final recommendations, 7399
the committee shall cease to exist. 7400

       Section 6. This act is hereby declared to be an emergency 7401
measure necessary for the immediate preservation of the public 7402
peace, health, and safety. The reason for such necessity is that 7403
the penalty provisions of this act are crucially needed to 7404
increase protection for the children of this state from being 7405
victimized by serious, violent sex offenses involving sexual 7406
conduct. Therefore, this act shall go into immediate effect. 7407

Section 1. That sections 109.42, 2743.191, 2903.212,	28
2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2921.34, 2923.02,	29
2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01,	30
2950.09, 2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 2971.03,	31
2971.04, 2971.05, 2971.06, 2971.07, 3109.04, 3113.31, 5120.49,	32
5120.61, 5120.66, and 5149.10 be amended and sections 2941.1418,	33
2941.1419, and 2941.1420 of the Revised Code be enacted to read as	34
follows:	35

Sec. 109.42. (A) The attorney general shall prepare and have	36
printed a pamphlet that contains a compilation of all statutes	37
relative to victim's rights in which the attorney general lists	38
and explains the statutes in the form of a victim's bill of	39
rights. The attorney general shall distribute the pamphlet to all	40
sheriffs, marshals, municipal corporation and township police	41
departments, constables, and other law enforcement agencies, to	42
all prosecuting attorneys, city directors of law, village	43
solicitors, and other similar chief legal officers of municipal	44
corporations, and to organizations that represent or provide	45
services for victims of crime. The victim's bill of rights set	46
forth in the pamphlet shall contain a description of all of the	47
rights of victims that are provided for in Chapter 2930. or in any	48
other section of the Revised Code and shall include, but not be	49
limited to, all of the following:	50

(1) The right of a victim or a victim's representative to	51
attend a proceeding before a grand jury, in a juvenile case, or in	52
a criminal case pursuant to a subpoena without being discharged	53
from the victim's or representative's employment, having the	54
victim's or representative's employment terminated, having the	55
victim's or representative's pay decreased or withheld, or	56
otherwise being punished, penalized, or threatened as a result of	57
time lost from regular employment because of the victim's or	58
representative's attendance at the proceeding pursuant to the	59
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	60
2945.451 of the Revised Code;	61

(2) The potential availability pursuant to section 2151.359	62
or 2152.61 of the Revised Code of a forfeited recognizance to pay	63
damages caused by a child when the delinquency of the child or	64
child's violation of probation or community control is found to be	65
proximately caused by the failure of the child's parent or	66
guardian to subject the child to reasonable parental authority or	67
to faithfully discharge the conditions of probation or community	68
control;	69

(3) The availability of awards of reparations pursuant to	70
sections 2743.51 to 2743.72 of the Revised Code for injuries	71
caused by criminal offenses;	72

(4) The right of the victim in certain criminal or juvenile	73
cases or a victim's representative to receive, pursuant to section	74
2930.06 of the Revised Code, notice of the date, time, and place	75
of the trial or delinquency proceeding in the case or, if there	76
will not be a trial or delinquency proceeding, information from	77
the prosecutor, as defined in section 2930.01 of the Revised Code,	78
regarding the disposition of the case;	79

(5) The right of the victim in certain criminal or juvenile	80
cases or a victim's representative to receive, pursuant to section	81
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	82
name of the person charged with the violation, the case or docket	83
number assigned to the charge, and a telephone number or numbers	84
that can be called to obtain information about the disposition of	85
the case;	86

(6) The right of the victim in certain criminal or juvenile	87
cases or of the victim's representative pursuant to section	88
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	89
terms set by the court as authorized under section 2930.14 of the	90
Revised Code, to make a statement about the victimization and, if	91
applicable, a statement relative to the sentencing or disposition	92
of the offender;	93

(7) The opportunity to obtain a court order, pursuant to	94
section 2945.04 of the Revised Code, to prevent or stop the	95
commission of the offense of intimidation of a crime victim or	96
witness or an offense against the person or property of the	97
complainant, or of the complainant's ward or child;	98

(8) The right of the victim in certain criminal or juvenile	99
cases or a victim's representative pursuant to sections 2151.38,	100
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	101
receive notice of a pending motion for judicial release or early	102
release of the person who committed the offense against the	103
victim, to make an oral or written statement at the court hearing	104
on the motion, and to be notified of the court's decision on the	105
motion;	106

(9) The right of the victim in certain criminal or juvenile	107
cases or a victim's representative pursuant to section 2930.16,	108
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	109
of any pending commutation, pardon, parole, transitional control,	110
discharge, other form of authorized release, post-release control,	111
or supervised release for the person who committed the offense	112
against the victim or any application for release of that person	113
and to send a written statement relative to the victimization and	114
the pending action to the adult parole authority or the release	115
authority of the department of youth services;	116

(10) The right of the victim to bring a civil action pursuant	117
to sections 2969.01 to 2969.06 of the Revised Code to obtain money	118
from the offender's profit fund;	119

(11) The right, pursuant to section 3109.09 of the Revised	120
Code, to maintain a civil action to recover compensatory damages	121
not exceeding ten thousand dollars and costs from the parent of a	122
minor who willfully damages property through the commission of an	123
act that would be a theft offense, as defined in section 2913.01	124
of the Revised Code, if committed by an adult;	125

(12) The right, pursuant to section 3109.10 of the Revised	126
Code, to maintain a civil action to recover compensatory damages	127
not exceeding ten thousand dollars and costs from the parent of a	128
minor who willfully and maliciously assaults a person;	129

(13) The possibility of receiving restitution from an	130
offender or a delinquent child pursuant to section 2152.20,	131
2929.18, or 2929.28 of the Revised Code;	132

(14) The right of the victim in certain criminal or juvenile	133
cases or a victim's representative, pursuant to section 2930.16 of	134
the Revised Code, to receive notice of the escape from confinement	135
or custody of the person who committed the offense, to receive	136
that notice from the custodial agency of the person at the	137
victim's last address or telephone number provided to the	138
custodial agency, and to receive notice that, if either the	139
victim's address or telephone number changes, it is in the	140
victim's interest to provide the new address or telephone number	141
to the custodial agency;	142

(15) The right of a victim of domestic violence to seek the	143
issuance of a civil protection order pursuant to section 3113.31	144
of the Revised Code, the right of a victim of a violation of	145
section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22	146
of the Revised Code, a violation of a substantially similar	147
municipal ordinance, or an offense of violence who is a family or	148
household member of the offender at the time of the offense to	149
seek the issuance of a temporary protection order pursuant to	150
section 2919.26 of the Revised Code, and the right of both types	151
of victims to be accompanied by a victim advocate during court	152
proceedings;	153

(16) The right of a victim of a sexually oriented offense	154
that is not a registration-exempt sexually oriented offense or of	155
a child-victim oriented offense that is committed by a person who	156
is convicted of or pleads guilty to an aggravated sexually	157
oriented offense, by a person who is adjudicated a sexual predator	158
or child-victim predator, or, in certain cases, by a person who is	159
determined to be a habitual sex offender or habitual child-victim	160
offender to receive, pursuant to section 2950.10 of the Revised	161
Code, notice that the person has registered with a sheriff under	162
section 2950.04, 2950.041, or 2950.05 of the Revised Code and	163
notice of the person's name, the person's residence that is	164
registered, and the offender's school, institution of higher	165
education, or place of employment address or addresses that are	166
registered, the person's photograph, and a summary of the manner	167
in which the victim must make a request to receive the notice. As	168
used in this division, "sexually oriented offense," "adjudicated a	169
sexual predator," "habitual sex offender," "registration-exempt	170
sexually oriented offense," "aggravated sexually oriented	171
offense," "child-victim oriented offense," "adjudicated a	172
child-victim predator," and "habitual child-victim offender" have	173
the same meanings as in section 2950.01 of the Revised Code.	174

(17) The right of a victim of certain sexually violent	175
offenses committed by an offender who also is convicted of or	176
pleads guilty to a sexually violent predator specification and who	177
is sentenced to a prison term pursuant to division (A)(3) of	178
section 2971.03 of the Revised Code, of a victim of a violation of	179
division (A)(1)(b) of section 2907.02 of the Revised Code	180
committed on or after the effective date of this amendment by an	181
offender who is sentenced for the violation pursuant to division	182
(B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code, and	183
of a victim of an attempted rape committed on or after the	184
effective date of this amendment by an offender who also is	185
convicted of or pleads guilty to a specification of the type	186
described in section 2941.1418, 2941.1419, or 2941.1420 of the	187
Revised Code and is sentenced for the violation pursuant to	188
division (B)(2(a), (b), or (c) of section 2971.03, to receive,	189
pursuant to section 2930.16 of the Revised Code, notice of a	190
hearing to determine whether to modify the requirement that the	191
offender serve the entire prison term in a state correctional	192
facility, whether to continue, revise, or revoke any existing	193
modification of that requirement, or whether to terminate the	194
prison term. As used in this division, "sexually violent offense"	195
and "sexually violent predator specification" have the same	196
meanings as in section 2971.01 of the Revised Code.	197

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	198
prosecuting attorney, assistant prosecuting attorney, city	199
director of law, assistant city director of law, village	200
solicitor, assistant village solicitor, or similar chief legal	201
officer of a municipal corporation or an assistant of any of those	202
officers who prosecutes an offense committed in this state, upon	203
first contact with the victim of the offense, the victim's family,	204
or the victim's dependents, shall give the victim, the victim's	205
family, or the victim's dependents a copy of the pamphlet prepared	206
pursuant to division (A) of this section and explain, upon	207
request, the information in the pamphlet to the victim, the	208
victim's family, or the victim's dependents.	209

(b) Subject to division (B)(1)(c) of this section, a law	210
enforcement agency that investigates an offense or delinquent act	211
committed in this state shall give the victim of the offense or	212
delinquent act, the victim's family, or the victim's dependents a	213
copy of the pamphlet prepared pursuant to division (A) of this	214
section at one of the following times:	215

(i) Upon first contact with the victim, the victim's family,	216
or the victim's dependents;	217

(ii) If the offense or delinquent act is an offense of	218
violence, if the circumstances of the offense or delinquent act	219
and the condition of the victim, the victim's family, or the	220
victim's dependents indicate that the victim, the victim's family,	221
or the victim's dependents will not be able to understand the	222
significance of the pamphlet upon first contact with the agency,	223
and if the agency anticipates that it will have an additional	224
contact with the victim, the victim's family, or the victim's	225
dependents, upon the agency's second contact with the victim, the	226
victim's family, or the victim's dependents.	227

If the agency does not give the victim, the victim's family,	228
or the victim's dependents a copy of the pamphlet upon first	229
contact with them and does not have a second contact with the	230
victim, the victim's family, or the victim's dependents, the	231
agency shall mail a copy of the pamphlet to the victim, the	232
victim's family, or the victim's dependents at their last known	233
address.	234

(c) In complying on and after December 9, 1994, with the	235
duties imposed by division (B)(1)(a) or (b) of this section, an	236
official or a law enforcement agency shall use copies of the	237
pamphlet that are in the official's or agency's possession on	238
December 9, 1994, until the official or agency has distributed all	239
of those copies. After the official or agency has distributed all	240
of those copies, the official or agency shall use only copies of	241
the pamphlet that contain at least the information described in	242
divisions (A)(1) to (17) of this section.	243

(2) The failure of a law enforcement agency or of a	244
prosecuting attorney, assistant prosecuting attorney, city	245
director of law, assistant city director of law, village	246
solicitor, assistant village solicitor, or similar chief legal	247
officer of a municipal corporation or an assistant to any of those	248
officers to give, as required by division (B)(1) of this section,	249
the victim of an offense or delinquent act, the victim's family,	250
or the victim's dependents a copy of the pamphlet prepared	251
pursuant to division (A) of this section does not give the victim,	252
the victim's family, the victim's dependents, or a victim's	253
representative any rights under section 2743.51 to 2743.72,	254
2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the	255
Revised Code or under any other provision of the Revised Code and	256
does not affect any right under those sections.	257

(3) A law enforcement agency, a prosecuting attorney or	258
assistant prosecuting attorney, or a city director of law,	259
assistant city director of law, village solicitor, assistant	260
village solicitor, or similar chief legal officer of a municipal	261
corporation that distributes a copy of the pamphlet prepared	262
pursuant to division (A) of this section shall not be required to	263
distribute a copy of an information card or other printed material	264
provided by the clerk of the court of claims pursuant to section	265
2743.71 of the Revised Code.	266

(C) The cost of printing and distributing the pamphlet	267
prepared pursuant to division (A) of this section shall be paid	268
out of the reparations fund, created pursuant to section 2743.191	269
of the Revised Code, in accordance with division (D) of that	270
section.	271

(1) "Victim's representative" has the same meaning as in	273
section 2930.01 of the Revised Code;	274

(2) "Victim advocate" has the same meaning as in section	275
2919.26 of the Revised Code.	276