To amend sections 109.42, 109.57, 311.171, 1923.01, 1923.02, 2151.23, 2151.357, 2152.02, 2152.19, 2152.191, 2152.22, 2152.82, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07, 2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02, 2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06, 2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01, 2950.02, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2953.32, 2967.12, 2967.121, 2971.01, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, 5139.13, 5149.10, 5321.01, 5321.03, and 5321.051; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 2152.821 (2152.811) and 2950.031 (2950.034); to enact new section 2950.031 and sections 2152.831, 2152.86, 2950.011, 2950.032, 2950.033, 2950.042, 2950.043, 2950.131, 2950.15, and 2950.16; and to repeal sections 2152.811, 2950.021, 2950.09, and 2950.091 of the Revised Code to revise Ohio's Sex Offender Registration and Notification Law and conform it to recently enacted requirements of federal law contained in the Adam Walsh Child Protection and Safety Act of 2006, to increase the penalties for certain violations of kidnapping, aggravated murder when a sentence of death or life without parole is not imposed, and murder when the victim of any of those offenses is less than 13 years of age and the offense was committed with a sexual motivation and require that those sentences be served under the Sexually Violent Predator Sentencing Law, and to declare an emergency.
SECTION 1. That sections 109.42, 109.57, 311.171, 1923.01, 1923.02, 2151.23, 2151.357, 2152.02, 2152.19, 2152.191, 2152.22, 2152.82, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07, 2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02, 2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06, 2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01, 2950.02, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2953.32, 2967.12, 2967.121, 2971.01, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, 5139.13, 5149.10, 5321.01, 5321.03, and 5321.051 be amended, that sections 2152.821 (2152.811) and 2950.031 (2950.034) be amended for the purpose of adopting new section numbers as indicated in parentheses, and that new section 2950.031 and sections 2152.831, 2152.86, 2950.011, 2950.032, 2950.033, 2950.042, 2950.043, 2950.131, 2950.15, and 2950.16 of the Revised Code be enacted to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and have printed a pamphlet that contains a compilation of all statutes relative to victim's rights in which the attorney general lists and explains the statutes in the form of a victim's bill of rights. The attorney general shall distribute the pamphlet to all sheriffs, marshals, municipal corporation and township police departments, constables, and other law enforcement agencies, to all prosecuting attorneys, city directors of law, village solicitors, and other similar chief legal officers of municipal corporations, and to organizations that represent or provide services for victims of crime. The victim's bill of rights set forth in the pamphlet shall contain a description of all of the rights of victims that are provided for in Chapter 2930. or in any other section of the Revised Code and shall include, but not be limited to, all of the following:
(1) The right of a victim or a victim's representative to attend a proceeding before a grand jury, in a juvenile case, or in a criminal case pursuant to a subpoena without being discharged from the victim's or representative's employment, having the victim's or representative's employment terminated, having the victim's or representative's pay decreased or withheld, or otherwise being punished, penalized, or threatened as a result of time lost from regular employment because of the victim's or representative's attendance at the proceeding pursuant to the subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 2151.359 or 2152.61 of the Revised Code of a forfeited recognizance to pay damages caused by a child when the delinquency of the child or child's violation of probation or community control is found to be proximately caused by the failure of the child's parent or guardian to subject the child to reasonable parental authority or to faithfully discharge the conditions of probation or community control;
(3) The availability of awards of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code for injuries caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.06 of the Revised Code, notice of the date, time, and place of the trial or delinquency proceeding in the case or, if there will not be a trial or delinquency proceeding, information from the prosecutor, as defined in section 2930.01 of the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the name of the person charged with the violation, the case or docket number assigned to the charge, and a telephone number or numbers that can be called to obtain information about the disposition of the case;
(6) The right of the victim in certain criminal or juvenile cases or of the victim's representative pursuant to section 2930.13 or 2930.14 of the Revised Code, subject to any reasonable terms set by the court as authorized under section 2930.14 of the Revised Code, to make a statement about the victimization and, if applicable, a statement relative to the sentencing or disposition of the offender;
(7) The opportunity to obtain a court order, pursuant to section 2945.04 of the Revised Code, to prevent or stop the commission of the offense of intimidation of a crime victim or witness or an offense against the person or property of the complainant, or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile cases or a victim's representative pursuant to sections 2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to receive notice of a pending motion for judicial release or early release of the person who committed the offense against the victim, to make an oral or written statement at the court hearing on the motion, and to be notified of the court's decision on the motion;
(9) The right of the victim in certain criminal or juvenile cases or a victim's representative pursuant to section 2930.16, 2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice of any pending commutation, pardon, parole, transitional control, discharge, other form of authorized release, post-release control, or supervised release for the person who committed the offense against the victim or any application for release of that person and to send a written statement relative to the victimization and the pending action to the adult parole authority or the release authority of the department of youth services;
(10) The right of the victim to bring a civil action pursuant to sections 2969.01 to 2969.06 of the Revised Code to obtain money from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully damages property through the commission of an act that would be a theft offense, as defined in section 2913.01 of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an offender or a delinquent child pursuant to section 2152.20, 2929.18, or 2929.28 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile cases or a victim's representative, pursuant to section 2930.16 of the Revised Code, to receive notice of the escape from confinement or custody of the person who committed the offense, to receive that notice from the custodial agency of the person at the victim's last address or telephone number provided to the custodial agency, and to receive notice that, if either the victim's address or telephone number changes, it is in the victim's interest to provide the new address or telephone number to the custodial agency;
(15) The right of a victim of domestic violence to seek the issuance of a civil protection order pursuant to section 3113.31 of the Revised Code, the right of a victim of a violation of section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code, a violation of a substantially similar municipal ordinance, or an offense of violence who is a family or household member of the offender at the time of the offense to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code, and the right of both types of victims to be accompanied by a victim advocate during court proceedings;
(16) The right of a victim of a
sexually oriented offense
that is not a registration-exempt sexually oriented offense or of
a child-victim oriented offense that is committed by a person who
is convicted of or, pleads guilty to an aggravated sexually
oriented offense, by a person who is
adjudicated a sexual
predator
or child-victim predator, or, in certain cases, by
a person who is
determined to be
a habitual sex offender or habitual child-victim
offender, or is adjudicated a delinquent child for committing the
offense and who is in a category specified in division (B) of
section 2950.10 of the Revised Code to
receive, pursuant to that
section 2950.10 of
the Revised Code, notice that the
person
has
registered with a
sheriff under section 2950.04, 2950.041, or
2950.05
of the Revised Code and
notice of the
person's name, the
person's residence that is registered, and the offender's school,
institution of higher education, or place of employment address or
addresses that are registered, the person's photograph,
and
a
summary of the manner in which the victim must make a
request
to
receive the notice. As used in this division,
"sexually
oriented
offense," "adjudicated a sexual
predator,"
"habitual sex
offender," "registration-exempt sexually oriented offense,"
"aggravated sexually oriented offense," and "child-victim oriented
offense," "adjudicated a child-victim predator," and "habitual
child-victim offender" have the same meanings as
in section
2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or
pleads guilty to a sexually violent predator specification and who
is
sentenced
to a prison term pursuant to division
(A)(3) of
section 2971.03 of
the Revised Code, of a victim of a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after the effective date of this amendment January
2, 2007, by an offender who is sentenced for the violation
pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of
the Revised Code, and of a victim of an attempted rape committed
on or after the effective date of this amendment January 2, 2007,
by an offender who also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code and is sentenced for
the violation pursuant to division (B)(2)(a), (b), or (c) of
section 2971.03 of the Revised Code, and of a victim of an offense
that is described in division (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code and is committed by an
offender who is sentenced pursuant to one of those divisions to
receive, pursuant to
section 2930.16 of the
Revised Code, notice
of a hearing to
determine whether to modify
the requirement that
the offender
serve the entire prison term in
a state correctional
facility,
whether to continue, revise, or
revoke any existing
modification
of that requirement, or whether
to terminate the
prison term.
As used in this division, "sexually
violent offense"
and
"sexually violent predator specification" have the same
meanings as in section
2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant of any of those officers who prosecutes an offense committed in this state, upon first contact with the victim of the offense, the victim's family, or the victim's dependents, shall give the victim, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section and explain, upon request, the information in the pamphlet to the victim, the victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law enforcement agency that investigates an offense or delinquent act committed in this state shall give the victim of the offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section at one of the following times:
(i) Upon first contact with the victim, the victim's family, or the victim's dependents;
(ii) If the offense or delinquent act is an offense of violence, if the circumstances of the offense or delinquent act and the condition of the victim, the victim's family, or the victim's dependents indicate that the victim, the victim's family, or the victim's dependents will not be able to understand the significance of the pamphlet upon first contact with the agency, and if the agency anticipates that it will have an additional contact with the victim, the victim's family, or the victim's dependents, upon the agency's second contact with the victim, the victim's family, or the victim's dependents.
If the agency does not give the victim, the victim's family, or the victim's dependents a copy of the pamphlet upon first contact with them and does not have a second contact with the victim, the victim's family, or the victim's dependents, the agency shall mail a copy of the pamphlet to the victim, the victim's family, or the victim's dependents at their last known address.
(c) In complying on and after December 9, 1994, with the duties imposed by division (B)(1)(a) or (b) of this section, an official or a law enforcement agency shall use copies of the pamphlet that are in the official's or agency's possession on December 9, 1994, until the official or agency has distributed all of those copies. After the official or agency has distributed all of those copies, the official or agency shall use only copies of the pamphlet that contain at least the information described in divisions (A)(1) to (17) of this section.
(2) The failure of a law enforcement agency or of a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant to any of those officers to give, as required by division (B)(1) of this section, the victim of an offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section does not give the victim, the victim's family, the victim's dependents, or a victim's representative any rights under section 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the Revised Code or under any other provision of the Revised Code and does not affect any right under those sections.
(3) A law enforcement agency, a prosecuting attorney or assistant prosecuting attorney, or a city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation that distributes a copy of the pamphlet prepared pursuant to division (A) of this section shall not be required to distribute a copy of an information card or other printed material provided by the clerk of the court of claims pursuant to section 2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet prepared pursuant to division (A) of this section shall be paid out of the reparations fund, created pursuant to section 2743.191 of the Revised Code, in accordance with division (D) of that section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in section 2930.01 of the Revised Code;
(2) "Victim advocate" has the same meaning as in section 2919.26 of the Revised Code.
Sec. 109.57. (A)(1) The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions, fingerprints, measurements, and other information that may be pertinent of all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code, of all children under eighteen years of age who have been adjudicated delinquent children for committing within this state an act that would be a felony or an offense of violence if committed by an adult or who have been convicted of or pleaded guilty to committing within this state a felony or an offense of violence, and of all well-known and habitual criminals. The person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and the person in charge of any state institution having custody of a person suspected of having committed a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code or having custody of a child under eighteen years of age with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall furnish such material to the superintendent of the bureau. Fingerprints, photographs, or other descriptive information of a child who is under eighteen years of age, has not been arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult, has not been adjudicated a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, has not been convicted of or pleaded guilty to committing a felony or an offense of violence, and is not a child with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall not be procured by the superintendent or furnished by any person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution, except as authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a court of record in this state, other than the supreme court or a court of appeals, shall send to the superintendent of the bureau a weekly report containing a summary of each case involving a felony, involving any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, involving a misdemeanor described in division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code, or involving an adjudication in a case in which a child under eighteen years of age was alleged to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult. The clerk of the court of common pleas shall include in the report and summary the clerk sends under this division all information described in divisions (A)(2)(a) to (f) of this section regarding a case before the court of appeals that is served by that clerk. The summary shall be written on the standard forms furnished by the superintendent pursuant to division (B) of this section and shall include the following information:
(a) The incident tracking number contained on the standard forms furnished by the superintendent pursuant to division (B) of this section;
(b) The style and number of the case;
(c) The date of arrest;
(d) The date that the person was convicted of or pleaded guilty to the offense, adjudicated a delinquent child for committing the act that would be a felony or an offense of violence if committed by an adult, found not guilty of the offense, or found not to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, the date of an entry dismissing the charge, an entry declaring a mistrial of the offense in which the person is discharged, an entry finding that the person or child is not competent to stand trial, or an entry of a nolle prosequi, or the date of any other determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was adjudicated a delinquent child, the sentence or terms of probation imposed or any other disposition of the offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an attempt to disarm a law enforcement officer, the clerk shall clearly state that fact in the summary, and the superintendent shall ensure that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist sheriffs, chiefs of police, and other law enforcement officers in the establishment of a complete system of criminal identification and in obtaining fingerprints and other means of identification of all persons arrested on a charge of a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or a misdemeanor described in division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and of all children under eighteen years of age arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult. The superintendent also shall file for record the fingerprint impressions of all persons confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution for the violation of state laws and of all children under eighteen years of age who are confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution or in any facility for delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, and any other information that the superintendent may receive from law enforcement officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are
convicted of or plead guilty
to either a sexually oriented offense
that is not a registration-exempt sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and to every clerk of a court in this state specified in division (A)(2) of this section standard forms for reporting the information required under division (A) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both tangible formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated
delinquent children for committing an
act that would
be a felony or an offense of
violence if committed by an adult,
criminal activity, crime prevention,
law
enforcement,
and criminal
justice, and may establish and operate a statewide
communications
network to gather and disseminate information,
data, and
statistics for the use of law enforcement agencies and for other
uses specified in this division. The
superintendent may gather,
store, retrieve, and
disseminate information, data, and statistics
that pertain to children who are
under eighteen years of age and
that are gathered pursuant to sections 109.57
to 109.61 of the
Revised Code together with information, data, and
statistics that
pertain to adults and that are gathered pursuant to those
sections. In
(2) The superintendent or the superintendent's designee shall gather information of the nature described in division (C)(1) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for inclusion in the state registry of sex offenders and child-victim offenders maintained pursuant to division (A)(1) of section 2950.13 of the Revised Code and in the internet database operated pursuant to division (A)(13) of that section and for possible inclusion in the internet database operated pursuant to division (A)(11) of that section.
(3) In addition to any other authorized use of information,
data, and statistics of that the nature described in division
(C)(1) of this section, the superintendent or the superintendent's
designee may provide and exchange the information, data, and
statistics pursuant to the national crime prevention and privacy
compact as described in division (A)(5) of this section.
(D) The information and materials furnished to the superintendent pursuant to division (A) of this section and information and materials furnished to any board or person under division (F) or (G) of this section are not public records under section 149.43 of the Revised Code. The superintendent or the superintendent's designee shall gather and retain information so furnished under division (A) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for the purposes described in division (C)(2) of this section.
(E) The attorney general shall adopt rules, in accordance with Chapter 119. of the Revised Code, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section. A reasonable fee may be charged for this service. If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed in division (A)(1), (3), (4), (5), or (6) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head start agency" means an entity in this state that has been approved to be an agency for purposes of subchapter II of the "Community Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that is required to be made under section 109.572, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code, the board of education of any school district; the director of mental retardation and developmental disabilities; any county board of mental retardation and developmental disabilities; any entity under contract with a county board of mental retardation and developmental disabilities; the chief administrator of any chartered nonpublic school; the chief administrator of any home health agency; the chief administrator of or person operating any child day-care center, type A family day-care home, or type B family day-care home licensed or certified under Chapter 5104. of the Revised Code; the administrator of any type C family day-care home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general assembly; the chief administrator of any head start agency; or the executive director of a public children services agency may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in any position after October 2, 1989, or any individual wishing to apply for employment with a board of education may request, with regard to the individual, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, the superintendent shall determine whether that information exists and, upon request of the person, board, or entity requesting information, also shall request from the federal bureau of investigation any criminal records it has pertaining to that individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendent receives a request, the superintendent shall send to the board, entity, or person a report of any information that the superintendent determines exists, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the board, entity, or person a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(b) When a board of education is required to receive information under this section as a prerequisite to employment of an individual pursuant to section 3319.39 of the Revised Code, it may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by an individual applying for employment with the district in lieu of requesting that information itself. In such a case, the board shall accept the certified copy issued by the bureau in order to make a photocopy of it for that individual's employment application documents and shall return the certified copy to the individual. In a case of that nature, a district only shall accept a certified copy of records of that nature within one year after the date of their issuance by the bureau.
(3) The state board of education may request, with respect to any individual who has applied for employment after October 2, 1989, in any position with the state board or the department of education, any information that a school district board of education is authorized to request under division (F)(2) of this section, and the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request for information under section 3319.291 of the Revised Code, the superintendent shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.
(5) When a recipient of a classroom reading improvement grant paid under section 3301.86 of the Revised Code requests, with respect to any individual who applies to participate in providing any program or service funded in whole or in part by the grant, the information that a school district board of education is authorized to request under division (F)(2)(a) of this section, the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is required to be made under section 3701.881, 3712.09, 3721.121, or 3722.151 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an older adult, the chief administrator of a home health agency, hospice care program, home licensed under Chapter 3721. of the Revised Code, adult day-care program operated pursuant to rules adopted under section 3721.04 of the Revised Code, or adult care facility may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied after January 27, 1997, for employment in a position that does not involve providing direct care to an older adult, whether the bureau has any information gathered under division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsperson services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsperson, ombudsperson's designee, or director of health may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsperson services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 173.394 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an individual, the chief administrator of a community-based long-term care agency may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
On receipt of a request under this division, the superintendent shall determine whether that information exists and, on request of the individual requesting information, shall also request from the federal bureau of investigation any criminal records it has pertaining to the applicant. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date a request is received, the superintendent shall send to the requester a report of any information determined to exist, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the requester a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(H) Information obtained by a government entity or person under this section is confidential and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for providing information or criminal records under division (F)(2) or (G) of this section.
(J) As used in this section, "sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
Sec. 311.171. (A) As used in this section:
(1) "Federal poverty level" means the income level represented by the poverty guidelines as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.
(2) "Registration year" of an offender means one of the following:
(a) The twelve-month period beginning on the anniversary, occurring on or after January 1, 2004, of the date on which an offender's registration period began in accordance with section 2950.07 of the Revised Code;
(b) The twelve-month period beginning on the date on which an offender's registration period begins, on or after January 1, 2004, in accordance with section 2950.07 of the Revised Code.
(3) "Sexually oriented offense," "child-victim oriented offense," and "tier III sex offender/child-victim offender" have the same meanings as in section 2950.01 of the Revised Code.
(B) The sheriff may charge a fee each time a person does any of the following:
(1) Registers under section 2950.04 or 2950.041 of the Revised Code;
(2) Registers a new residence address under section 2950.05 of the Revised Code;
(3) Verifies a current residence address under section 2950.06 of the Revised Code.
(C) If the sheriff charges one or more fees provided for in division (B) of this section, all of the following apply:
(1) The sheriff shall not require the payment of any fee from a delinquent child until the delinquent child reaches eighteen years of age. When a delinquent child reaches eighteen years of age and the sheriff charges a fee to the delinquent child, the provisions of this section applicable to "offenders" shall be construed to apply to the delinquent child.
(2) For an offender who has been adjudicated
a sexual
predator or child-victim predator or who has a duty to register as
a result of committing an aggravated sexually oriented offense is
a tier III sex offender/child-victim offender, the fees may not
exceed a total of one hundred dollars
for each registration year.
(3) For an offender who has been determined to
be a habitual
sexual offender or a habitual child-victim offender, who is not
described in division (C)(2) of this section, and for whom the
sentencing judge has required
community notification, the fees may
not exceed a total of fifty dollars for
each registration year.
(4) For an offender who has been convicted of or pleaded
guilty to a sexually oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
offense and who is not described in division (C)(2) or (3) of this
section, the fees may not exceed a total of twenty-five dollars
for each registration year.
(5)(4) An offender who is required to pay a fee shall retain
the receipts received under section 325.28 of the Revised Code for
payments made during the offender's registration year to establish
that the payment of any fee will exceed the maximum annual amount
permissible under this division.
(6)(5) The sheriff shall not refuse to register a person,
register a new residence address of a person, or verify the
current residence address of a person, who does not pay a fee the
sheriff
requires under this section.
(7)(6) The sheriff shall report unpaid fees in accordance
with
division (C) of section 325.31 of the Revised Code, and the
county may recover those fees in a civil action in the same manner
as other money due
the county.
(D) Each time a person appears before the sheriff to provide any registration or verification specified in division (B) of this section for which the sheriff charges a fee, the sheriff shall determine whether the person is able to pay the fee. In making that determination, the sheriff shall determine whether the person's income is less than one hundred twenty-five per cent of the federal poverty level. A person whose income is equal to or greater than one hundred twenty-five per cent of the federal poverty level shall be considered able to pay the fee.
(E) If a sheriff determines a person's income is less than one hundred twenty-five per cent of the federal poverty level, the sheriff shall waive payment of the fee. If the sheriff determines a person's income is equal to or greater than one hundred twenty-five per cent of the federal poverty level, the sheriff may allow the person to pay the fee in accordance with a payment schedule the sheriff establishes based on the person's ability to pay. The sheriff shall document any waiver or alternative fee arrangement in the official registration records of the sheriff's office and shall provide the offender with a written copy of any waiver or alternative fee arrangement.
(F) All fees paid to a sheriff under this section shall be paid into the county treasury to the credit of the county general fund and shall be allocated to the sheriff to be used to defray the costs of registering sex offenders and child-victim offenders and providing community notification under Chapter 2950. of the Revised Code.
(G) If an offender has registered with a sheriff and subsequently relocates to a different county during a registration year, the annual maximum amounts set forth in division (C) of this section shall apply to the sheriff in the new county, and that sheriff shall consider any payments already made by the offender for purposes of determining when the applicable maximum has been met for the offender's registration year.
Sec. 1923.01. (A) As provided in this chapter, any judge of a county or municipal court or a court of common pleas, within the judge's proper area of jurisdiction, may inquire about persons who make unlawful and forcible entry into lands or tenements and detain them, and about persons who make a lawful and peaceable entry into lands or tenements and hold them unlawfully and by force. If, upon the inquiry, it is found that an unlawful and forcible entry has been made and the lands or tenements are detained, or that, after a lawful entry, lands or tenements are held unlawfully and by force, a judge shall cause the plaintiff in an action under this chapter to have restitution of the lands or tenements.
(B) An action shall be brought under this chapter within two years after the cause of action accrues.
(C) As used in this chapter:
(1) "Tenant" means a person who is entitled under a rental agreement to the use or occupancy of premises, other than premises located in a manufactured home park, to the exclusion of others.
(2) "Landlord" means the owner, lessor, or sublessor of premises, or the agent or person the landlord authorizes to manage premises or to receive rent from a tenant under a rental agreement, except, if required by the facts of the action to which the term is applied, "landlord" means a park operator.
(3) "Park operator," "manufactured home," "mobile home," "manufactured home park," and "resident" have the same meanings as in section 3733.01 of the Revised Code.
(4) "Residential premises" has the same meaning as in section 5321.01 of the Revised Code, except, if required by the facts of the action to which the term is applied, "residential premises" has the same meaning as in section 3733.01 of the Revised Code.
(5) "Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or other provisions concerning the use or occupancy of premises by one of the parties to the agreement or lease, except that "rental agreement," as used in division (A)(13) of section 1923.02 of the Revised Code and where the context requires as used in this chapter, means a rental agreement as defined in division (D) of section 5322.01 of the Revised Code.
(6) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(7) "School premises" has the same meaning as in section 2925.01 of the Revised Code.
(8) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(9) "Recreational vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(10) "Preschool or child day-care center premises" has the same meaning as in section 2950.034 of the Revised Code.
Sec. 1923.02. (A) Proceedings under this chapter may be had as follows:
(1) Against tenants or manufactured home park residents holding over their terms;
(2) Against tenants or manufactured home park residents in possession under an oral tenancy, who are in default in the payment of rent as provided in division (B) of this section;
(3) In sales of real estate, on executions, orders, or other judicial process, when the judgment debtor was in possession at the time of the rendition of the judgment or decree, by virtue of which the sale was made;
(4) In sales by executors, administrators, or guardians, and on partition, when any of the parties to the complaint were in possession at the commencement of the action, after the sales, so made on execution or otherwise, have been examined by the proper court and adjudged legal;
(5) When the defendant is an occupier of lands or tenements, without color of title, and the complainant has the right of possession to them;
(6) In any other case of the unlawful and forcible detention of lands or tenements. For purposes of this division, in addition to any other type of unlawful and forcible detention of lands or tenements, such a detention may be determined to exist when both of the following apply:
(a) A tenant fails to vacate residential premises within three days after both of the following occur:
(i) The tenant's landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation of Chapter 2925. or 3719. of the Revised Code, or of a municipal ordinance that is substantially similar to any section in either of those chapters, which involves a controlled substance and which occurred in, is occurring in, or otherwise was or is connected with the premises, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in this division. For purposes of this division, a landlord has "actual knowledge of or has reasonable cause to believe" that a tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in this division if a search warrant was issued pursuant to Criminal Rule 41 or Chapter 2933. of the Revised Code; the affidavit presented to obtain the warrant named or described the tenant or person as the individual to be searched and particularly described the tenant's premises as the place to be searched, named or described one or more controlled substances to be searched for and seized, stated substantially the offense under Chapter 2925. or 3719. of the Revised Code or the substantially similar municipal ordinance that occurred in, is occurring in, or otherwise was or is connected with the tenant's premises, and states the factual basis for the affiant's belief that the controlled substances are located on the tenant's premises; the warrant was properly executed by a law enforcement officer and any controlled substance described in the affidavit was found by that officer during the search and seizure; and, subsequent to the search and seizure, the landlord was informed by that or another law enforcement officer of the fact that the tenant or person has or presently is engaged in a violation as described in this division and it occurred in, is occurring in, or otherwise was or is connected with the tenant's premises.
(ii) The landlord gives the tenant the notice required by division (C) of section 5321.17 of the Revised Code.
(b) The court determines, by a preponderance of the evidence, that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of this section.
(7) In cases arising out of Chapter 5313. of the Revised Code. In those cases, the court has the authority to declare a forfeiture of the vendee's rights under a land installment contract and to grant any other claims arising out of the contract.
(8) Against tenants who have breached an obligation that is imposed by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section, and that materially affects health and safety. Prior to the commencement of an action under this division, notice shall be given to the tenant and compliance secured with section 5321.11 of the Revised Code.
(9) Against tenants who have breached an obligation imposed upon them by a written rental agreement;
(10) Against manufactured home park residents who have defaulted in the payment of rent or breached the terms of a rental agreement with a manufactured home park operator. Nothing in this division precludes the commencement of an action under division (A)(12) of this section when the additional circumstances described in that division apply.
(11) Against manufactured home park residents who have committed two material violations of the rules of the manufactured home park, of the public health council, or of applicable state and local health and safety codes and who have been notified of the violations in compliance with section 3733.13 of the Revised Code;
(12) Against a manufactured home park resident, or the estate of a manufactured home park resident, who has been absent from the manufactured home park for a period of thirty consecutive days prior to the commencement of an action under this division and whose manufactured home or mobile home, or recreational vehicle that is parked in the manufactured home park, has been left unoccupied for that thirty-day period, without notice to the park operator and without payment of rent due under the rental agreement with the park operator;
(13) Against occupants of self-service storage facilities, as defined in division (A) of section 5322.01 of the Revised Code, who have breached the terms of a rental agreement or violated section 5322.04 of the Revised Code;
(14) Against any resident or occupant who, pursuant to a rental agreement, resides in or occupies residential premises located within one thousand feet of any school premises or preschool or child day-care center premises and to whom both of the following apply:
(a) The resident's or occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that the
resident or occupant was convicted of
or pleaded guilty to either a
sexually oriented
offense that is
not a registration-exempt sexually oriented offense or a
child-victim oriented offense in a criminal prosecution and was
not
sentenced to a
serious youthful offender dispositional
sentence
for that offense.
(15) Against any tenant who permits any person to occupy residential premises located within one thousand feet of any school premises or preschool or child day-care center premises if both of the following apply to the person:
(a) The person's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that
the person was convicted of or pleaded
guilty to either a sexually
oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence for that
offense.
(B) If a tenant or manufactured home park resident holding under an oral tenancy is in default in the payment of rent, the tenant or resident forfeits the right of occupancy, and the landlord may, at the landlord's option, terminate the tenancy by notifying the tenant or resident, as provided in section 1923.04 of the Revised Code, to leave the premises, for the restitution of which an action may then be brought under this chapter.
(C)(1) If a tenant or any other person with the tenant's permission resides in or occupies residential premises that are located within one thousand feet of any school premises and is a resident or occupant of the type described in division (A)(14) of this section or a person of the type described in division (A)(15) of this section, the landlord for those residential premises, upon discovery that the tenant or other person is a resident, occupant, or person of that nature, may terminate the rental agreement or tenancy for those residential premises by notifying the tenant and all other occupants, as provided in section 1923.04 of the Revised Code, to leave the premises.
(2) If a landlord is authorized to terminate a rental agreement or tenancy pursuant to division (C)(1) of this section but does not so terminate the rental agreement or tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly result from that decision.
(D) This chapter does not apply to a student tenant as defined by division (H) of section 5321.01 of the Revised Code when the college or university proceeds to terminate a rental agreement pursuant to section 5321.031 of the Revised Code.
Sec. 2151.23. (A) The juvenile court has exclusive original jurisdiction under the Revised Code as follows:
(1) Concerning any child who on or about the date specified in the complaint, indictment, or information is alleged to have violated section 2151.87 of the Revised Code or an order issued under that section or to be a juvenile traffic offender or a delinquent, unruly, abused, neglected, or dependent child and, based on and in relation to the allegation pertaining to the child, concerning the parent, guardian, or other person having care of a child who is alleged to be an unruly or delinquent child for being an habitual or chronic truant;
(2) Subject to divisions (G) and (V) of section 2301.03 of the Revised Code, to determine the custody of any child not a ward of another court of this state;
(3) To hear and determine any application for a writ of habeas corpus involving the custody of a child;
(4) To exercise the powers and jurisdiction given the probate division of the court of common pleas in Chapter 5122. of the Revised Code, if the court has probable cause to believe that a child otherwise within the jurisdiction of the court is a mentally ill person subject to hospitalization by court order, as defined in section 5122.01 of the Revised Code;
(5) To hear and determine all criminal cases charging adults with the violation of any section of this chapter;
(6) To hear and determine all criminal cases in which an adult is charged with a violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, section 2919.222, division (B) of section 2919.23, or section 2919.24 of the Revised Code, provided the charge is not included in an indictment that also charges the alleged adult offender with the commission of a felony arising out of the same actions that are the basis of the alleged violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, section 2919.222, division (B) of section 2919.23, or section 2919.24 of the Revised Code;
(7) Under the interstate compact on juveniles in section 2151.56 of the Revised Code;
(8) Concerning any child who is to be taken into custody pursuant to section 2151.31 of the Revised Code, upon being notified of the intent to take the child into custody and the reasons for taking the child into custody;
(9) To hear and determine requests for the extension of temporary custody agreements, and requests for court approval of permanent custody agreements, that are filed pursuant to section 5103.15 of the Revised Code;
(10) To hear and determine applications for consent to marry pursuant to section 3101.04 of the Revised Code;
(11) Subject to divisions (G) and (V) of section 2301.03 of the Revised Code, to hear and determine a request for an order for the support of any child if the request is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, or an action for support brought under Chapter 3115. of the Revised Code;
(12) Concerning an action commenced under section 121.38 of the Revised Code;
(13) To hear and determine violations of section 3321.38 of the Revised Code;
(14) To exercise jurisdiction and authority over the parent, guardian, or other person having care of a child alleged to be a delinquent child, unruly child, or juvenile traffic offender, based on and in relation to the allegation pertaining to the child;
(15) To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.85 2152.86 and Chapter 2950. of the Revised Code
regarding
a
child who has been adjudicated a delinquent child and
to refer
the duties conferred upon the juvenile court judge under
sections
2152.82 to 2152.85 2152.86 and Chapter 2950. of the
Revised Code to
magistrates appointed by the juvenile court judge
in accordance
with Juvenile Rule 40.
(B) Except as provided in divisions (G) and (I) of section 2301.03 of the Revised Code, the juvenile court has original jurisdiction under the Revised Code:
(1) To hear and determine all cases of misdemeanors charging adults with any act or omission with respect to any child, which act or omission is a violation of any state law or any municipal ordinance;
(2) To determine the paternity of any child alleged to have been born out of wedlock pursuant to sections 3111.01 to 3111.18 of the Revised Code;
(3) Under the uniform interstate family support act in Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for the support of any child, if the child is not a ward of another court of this state;
(5) To hear and determine an action commenced under section 3111.28 of the Revised Code;
(6) To hear and determine a motion filed under section 3119.961 of the Revised Code;
(7) To receive filings under section 3109.74 of the Revised Code, and to hear and determine actions arising under sections 3109.51 to 3109.80 of the Revised Code.
(8) To enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction pursuant to section 3127.32 of the Revised Code;
(9) To grant any relief normally available under the laws of this state to enforce a child custody determination made by a court of another state and registered in accordance with section 3127.35 of the Revised Code.
(C) The juvenile court, except as to juvenile courts that are a separate division of the court of common pleas or a separate and independent juvenile court, has jurisdiction to hear, determine, and make a record of any action for divorce or legal separation that involves the custody or care of children and that is filed in the court of common pleas and certified by the court of common pleas with all the papers filed in the action to the juvenile court for trial, provided that no certification of that nature shall be made to any juvenile court unless the consent of the juvenile judge first is obtained. After a certification of that nature is made and consent is obtained, the juvenile court shall proceed as if the action originally had been begun in that court, except as to awards for spousal support or support due and unpaid at the time of certification, over which the juvenile court has no jurisdiction.
(D) The juvenile court, except as provided in divisions (G) and (I) of section 2301.03 of the Revised Code, has jurisdiction to hear and determine all matters as to custody and support of children duly certified by the court of common pleas to the juvenile court after a divorce decree has been granted, including jurisdiction to modify the judgment and decree of the court of common pleas as the same relate to the custody and support of children.
(E) The juvenile court, except as provided in divisions (G) and (I) of section 2301.03 of the Revised Code, has jurisdiction to hear and determine the case of any child certified to the court by any court of competent jurisdiction if the child comes within the jurisdiction of the juvenile court as defined by this section.
(F)(1) The juvenile court shall exercise its jurisdiction in child custody matters in accordance with sections 3109.04, 3127.01 to 3127.53, and 5103.20 to 5103.22 of the Revised Code.
(2) The juvenile court shall exercise its jurisdiction in child support matters in accordance with section 3109.05 of the Revised Code.
(G) Any juvenile court that makes or modifies an order for child support shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code. If any person required to pay child support under an order made by a juvenile court on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
(H) If a child who is charged with an act that would be an offense if committed by an adult was fourteen years of age or older and under eighteen years of age at the time of the alleged act and if the case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code, the juvenile court does not have jurisdiction to hear or determine the case subsequent to the transfer. The court to which the case is transferred for criminal prosecution pursuant to that section has jurisdiction subsequent to the transfer to hear and determine the case in the same manner as if the case originally had been commenced in that court, including, but not limited to, jurisdiction to accept a plea of guilty or another plea authorized by Criminal Rule 11 or another section of the Revised Code and jurisdiction to accept a verdict and to enter a judgment of conviction pursuant to the Rules of Criminal Procedure against the child for the commission of the offense that was the basis of the transfer of the case for criminal prosecution, whether the conviction is for the same degree or a lesser degree of the offense charged, for the commission of a lesser-included offense, or for the commission of another offense that is different from the offense charged.
(I) If a person under eighteen years of age allegedly commits an act that would be a felony if committed by an adult and if the person is not taken into custody or apprehended for that act until after the person attains twenty-one years of age, the juvenile court does not have jurisdiction to hear or determine any portion of the case charging the person with committing that act. In those circumstances, divisions (A) and (B) of section 2152.12 of the Revised Code do not apply regarding the act, and the case charging the person with committing the act shall be a criminal prosecution commenced and heard in the appropriate court having jurisdiction of the offense as if the person had been eighteen years of age or older when the person committed the act. All proceedings pertaining to the act shall be within the jurisdiction of the court having jurisdiction of the offense, and that court has all the authority and duties in the case that it has in other criminal cases in that court.
Sec. 2151.357. (A) If the court orders the records of a person sealed pursuant to section 2151.356 of the Revised Code, the person who is subject of the order properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter, and the court, except as provided in division (D) of this section, shall do all of the following:
(1) Order that the proceedings in a case described in divisions (B) and (C) of section 2151.356 of the Revised Code be deemed never to have occurred;
(2) Except as provided in division (C) of this section, delete all index references to the case and the person so that the references are permanently irretrievable;
(3) Order that all original records of the case maintained by any public office or agency, except fingerprints held by a law enforcement agency, DNA specimens collected pursuant to section 2152.74 of the Revised Code, and DNA records derived from DNA specimens pursuant to section 109.573 of the Revised Code, be delivered to the court;
(4) Order each public office or agency, upon the delivering of records to the court under division (A)(3) of this section, to expunge remaining records of the case that are the subject of the sealing order that are maintained by that public office or agency, except fingerprints, DNA specimens, and DNA records described under division (A)(3) of this section;
(5) Send notice of the order to seal to any public office or agency that the court has reason to believe may have a record of the sealed record;
(6) Seal all of the records delivered to the court under division (A)(3) of this section, in a separate file in which only sealed records are maintained.
(B) Except as provided in division (D) of this section, an order to seal under section 2151.356 of the Revised Code applies to every public office or agency that has a record relating to the case, regardless of whether it receives notice of the hearing on the sealing of the record or a copy of the order. Except as provided in division (D) of this section, upon the written request of a person whose record has been sealed and the presentation of a copy of the order and compliance with division (A)(3) of this section, a public office or agency shall expunge its record relating to the case, except a record of the adjudication or arrest or taking into custody that is maintained for compiling statistical data and that does not contain any reference to the person who is the subject of the order.
(C) The court that maintains sealed records pursuant to this section may maintain a manual or computerized index of the sealed records and shall make the index available only for the purposes set forth in division (E) of this section.
(1) Each entry regarding a sealed record in the index of sealed records shall contain all of the following:
(a) The name of the person who is the subject of the sealed record;
(b) An alphanumeric identifier relating to the person who is the subject of the sealed record;
(c) The word "sealed";
(d) The name of the court that has custody of the sealed record.
(2) Any entry regarding a sealed record in the index of sealed records shall not contain either of the following:
(a) The social security number of the person who is subject of the sealed record;
(b) The name or a description of the act committed.
(D) Notwithstanding any provision of this section that requires otherwise, a board of education of a city, local, exempted village, or joint vocational school district that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding an adjudication that the individual is a delinquent child that was used as the basis for the individual's permanent exclusion, regardless of a court order to seal the record. An order issued under section 2151.356 of the Revised Code to seal the record of an adjudication that an individual is a delinquent child does not revoke the adjudication order of the superintendent of public instruction to permanently exclude the individual who is the subject of the sealing order. An order to seal the record of an adjudication that an individual is a delinquent child may be presented to a district superintendent as evidence to support the contention that the superintendent should recommend that the permanent exclusion of the individual who is the subject of the sealing order be revoked. Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code, any school employee in possession of or having access to the sealed adjudication records of an individual that were the basis of a permanent exclusion of the individual is subject to division (F) of this section.
(E) Inspection of records that have been ordered sealed under section 2151.356 of the Revised Code may be made only by the following persons or for the following purposes:
(1) By the court;
(2) If the records in question pertain to an act that would be an offense of violence that would be a felony if committed by an adult, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for any valid law enforcement or prosecutorial purpose;
(3) Upon application by the person who is the subject of the sealed records, by the person that is named in that application;
(4) If the records in question pertain to an alleged violation of division (E)(1) of section 4301.69 of the Revised Code, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for the purpose of determining whether the person is eligible for diversion under division (E)(2) of section 4301.69 of the Revised Code;
(5) At the request of a party in a civil action that is based on a case the records for which are the subject of a sealing order issued under section 2151.356 of the Revised Code, as needed for the civil action. The party also may copy the records as needed for the civil action. The sealed records shall be used solely in the civil action and are otherwise confidential and subject to the provisions of this section;
(6) By the attorney general or an authorized employee of the attorney general or the court for purposes of determining whether a child is a public registry-qualified juvenile offender registrant, as defined in section 2950.01 of the Revised Code, for purposes of Chapter 2950. of the Revised Code.
(F) No officer or employee of the state or any of its political subdivisions shall knowingly release, disseminate, or make available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the state or of any of its political subdivisions any information or other data concerning any arrest, taking into custody, complaint, indictment, information, trial, hearing, adjudication, or correctional supervision, the records of which have been sealed pursuant to section 2151.356 of the Revised Code and the release, dissemination, or making available of which is not expressly permitted by this section. Whoever violates this division is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(G) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any arrest or taking into custody for which the records were sealed. If an inquiry is made in violation of this division, the person may respond as if the sealed arrest or taking into custody did not occur, and the person shall not be subject to any adverse action because of the arrest or taking into custody or the response.
(H) The judgment rendered by the court under this chapter shall not impose any of the civil disabilities ordinarily imposed by conviction of a crime in that the child is not a criminal by reason of the adjudication, and no child shall be charged with or convicted of a crime in any court except as provided by this chapter. The disposition of a child under the judgment rendered or any evidence given in court shall not operate to disqualify a child in any future civil service examination, appointment, or application. Evidence of a judgment rendered and the disposition of a child under the judgment is not admissible to impeach the credibility of the child in any action or proceeding. Otherwise, the disposition of a child under the judgment rendered or any evidence given in court is admissible as evidence for or against the child in any action or proceeding in any court in accordance with the Rules of Evidence and also may be considered by any court as to the matter of sentence or to the granting of probation, and a court may consider the judgment rendered and the disposition of a child under that judgment for purposes of determining whether the child, for a future criminal conviction or guilty plea, is a repeat violent offender, as defined in section 2929.01 of the Revised Code.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a complaint, indictment, or information alleging that a child is a delinquent child.
(B) "Admitted to a department of youth services facility" includes admission to a facility operated, or contracted for, by the department and admission to a comparable facility outside this state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of age, except as otherwise provided in divisions (C)(2) to (6) of this section.
(2) Subject to division (C)(3) of this section, any person who violates a federal or state law or a municipal ordinance prior to attaining eighteen years of age shall be deemed a "child" irrespective of that person's age at the time the complaint with respect to that violation is filed or the hearing on the complaint is held.
(3) Any person who, while under eighteen years of age, commits an act that would be a felony if committed by an adult and who is not taken into custody or apprehended for that act until after the person attains twenty-one years of age is not a child in relation to that act.
(4) Any person whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code shall be deemed after the transfer not to be a child in the transferred case.
(5) Any person whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code and who subsequently is convicted of or pleads guilty to a felony in that case, and any person who is adjudicated a delinquent child for the commission of an act, who has a serious youthful offender dispositional sentence imposed for the act pursuant to section 2152.13 of the Revised Code, and whose adult portion of the dispositional sentence is invoked pursuant to section 2152.14 of the Revised Code, shall be deemed after the transfer or invocation not to be a child in any case in which a complaint is filed against the person.
(6) The juvenile court has jurisdiction over a person who is adjudicated a delinquent child or juvenile traffic offender prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, except as otherwise provided in this division, a person who is so adjudicated a delinquent child or juvenile traffic offender shall be deemed a "child" until the person attains twenty-one years of age. If a person is so adjudicated a delinquent child or juvenile traffic offender and the court makes a disposition of the person under this chapter, at any time after the person attains eighteen years of age, the places at which the person may be held under that disposition are not limited to places authorized under this chapter solely for confinement of children, and the person may be confined under that disposition, in accordance with division (F)(2) of section 2152.26 of the Revised Code, in places other than those authorized under this chapter solely for confinement of children.
(D) "Chronic truant" means any child of compulsory school age who is absent without legitimate excuse for absence from the public school the child is supposed to attend for seven or more consecutive school days, ten or more school days in one school month, or fifteen or more school days in a school year.
(E) "Community corrections facility," "public safety beds," "release authority," and "supervised release" have the same meanings as in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made under this chapter or under Chapter 2151. of the Revised Code other than an order issued under section 2151.87 of the Revised Code;
(3) Any child who violates division (C) of section 2907.39
or, division (A) of section 2923.211, or division (C)(1) or (D) of
section 2925.55
of the Revised Code;
(4) Any child who is a habitual truant and who previously has been adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful offender" means a person who is eligible for a discretionary SYO and who is not transferred to adult court under a mandatory or discretionary transfer.
(H) "Discretionary SYO" means a case in which the juvenile court, in the juvenile court's discretion, may impose a serious youthful offender disposition under section 2152.13 of the Revised Code.
(I) "Discretionary transfer" means that the juvenile court has discretion to transfer a case for criminal prosecution under division (B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and "minor drug possession offense" have the same meanings as in section 2925.01 of the Revised Code.
(K) "Electronic monitoring" and "electronic monitoring device" have the same meanings as in section 2929.01 of the Revised Code.
(L) "Economic loss" means any economic detriment suffered by a victim of a delinquent act or juvenile traffic offense as a direct and proximate result of the delinquent act or juvenile traffic offense and includes any loss of income due to lost time at work because of any injury caused to the victim and any property loss, medical cost, or funeral expense incurred as a result of the delinquent act or juvenile traffic offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages.
(M) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(N) "Juvenile traffic offender" means any child who violates any traffic law, traffic ordinance, or traffic regulation of this state, the United States, or any political subdivision of this state, other than a resolution, ordinance, or regulation of a political subdivision of this state the violation of which is required to be handled by a parking violations bureau or a joint parking violations bureau pursuant to Chapter 4521. of the Revised Code.
(O) A "legitimate excuse for absence from the public school the child is supposed to attend" has the same meaning as in section 2151.011 of the Revised Code.
(P) "Mandatory serious youthful offender" means a person who is eligible for a mandatory SYO and who is not transferred to adult court under a mandatory or discretionary transfer.
(Q) "Mandatory SYO" means a case in which the juvenile court is required to impose a mandatory serious youthful offender disposition under section 2152.13 of the Revised Code.
(R) "Mandatory transfer" means that a case is required to be transferred for criminal prosecution under division (A) of section 2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section 5122.01 of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in section 5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the same meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in section 3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section 149.43 of the Revised Code.
(X) "Serious youthful offender" means a person who is eligible for a mandatory SYO or discretionary SYO but who is not transferred to adult court under a mandatory or discretionary transfer.
(Y) "Sexually oriented offense,"
"habitual sex
offender,"
"juvenile offender registrant," "sexual
predator," "presumptive
registration-exempt sexually oriented offense,"
"registration-exempt sexually oriented offense," "child-victim
oriented offense," "habitual child-victim offender," and
"child-victim predator" "tier I sex offender/child-victim
offender," "tier II sex offender/child-victim offender," "tier III
sex offender/child-victim offender," and "public
registry-qualified juvenile offender registrant" have the
same
meanings as in
section 2950.01 of
the Revised Code.
(Z) "Traditional juvenile" means a case that is not transferred to adult court under a mandatory or discretionary transfer, that is eligible for a disposition under sections 2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and that is not eligible for a disposition under section 2152.13 of the Revised Code.
(AA) "Transfer" means the transfer for criminal prosecution of a case involving the alleged commission by a child of an act that would be an offense if committed by an adult from the juvenile court to the appropriate court that has jurisdiction of the offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised Code;
(2) A violation of section 2923.02 of the Revised Code involving an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02, 2909.02, 2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code that is a felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996.
(DD) "Non-economic loss" means nonpecuniary harm suffered by a victim of a delinquent act or juvenile traffic offense as a result of or related to the delinquent act or juvenile traffic offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss.
Sec. 2152.19. (A) If a child is adjudicated a delinquent child, the court may make any of the following orders of disposition, in addition to any other disposition authorized or required by this chapter:
(1) Any order that is authorized by section 2151.353 of the Revised Code for the care and protection of an abused, neglected, or dependent child;
(2) Commit the child to the temporary custody of any school, camp, institution, or other facility operated for the care of delinquent children by the county, by a district organized under section 2152.41 or 2151.65 of the Revised Code, or by a private agency or organization, within or without the state, that is authorized and qualified to provide the care, treatment, or placement required, including, but not limited to, a school, camp, or facility operated under section 2151.65 of the Revised Code;
(3) Place the child in a detention facility or district detention facility operated under section 2152.41 of the Revised Code, for up to ninety days;
(4) Place the child on community control under any sanctions, services, and conditions that the court prescribes. As a condition of community control in every case and in addition to any other condition that it imposes upon the child, the court shall require the child to abide by the law during the period of community control. As referred to in this division, community control includes, but is not limited to, the following sanctions and conditions:
(a) A period of basic probation supervision in which the child is required to maintain contact with a person appointed to supervise the child in accordance with sanctions imposed by the court;
(b) A period of intensive probation supervision in which the child is required to maintain frequent contact with a person appointed by the court to supervise the child while the child is seeking or maintaining employment and participating in training, education, and treatment programs as the order of disposition;
(c) A period of day reporting in which the child is required each day to report to and leave a center or another approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center;
(d) A period of community service of up to five hundred hours for an act that would be a felony or a misdemeanor of the first degree if committed by an adult, up to two hundred hours for an act that would be a misdemeanor of the second, third, or fourth degree if committed by an adult, or up to thirty hours for an act that would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school diploma, a certificate of high school equivalence, vocational training, or employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or counseling, or a period in an alcohol or drug treatment program with a level of security for the child as determined necessary by the court;
(h) A period in which the court orders the child to observe a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest without electronic monitoring or continuous alcohol monitoring;
(k) A period of electronic monitoring or continuous alcohol monitoring without house arrest, or house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, that does not exceed the maximum sentence of imprisonment that could be imposed upon an adult who commits the same act.
A period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, imposed under this division shall not extend beyond the child's twenty-first birthday. If a court imposes a period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, upon a child under this division, it shall require the child: to remain in the child's home or other specified premises for the entire period of house arrest with electronic monitoring or continuous alcohol monitoring or both except when the court permits the child to leave those premises to go to school or to other specified premises. Regarding electronic monitoring, the court also shall require the child to be monitored by a central system that can determine the child's location at designated times; to report periodically to a person designated by the court; and to enter into a written contract with the court agreeing to comply with all requirements imposed by the court, agreeing to pay any fee imposed by the court for the costs of the house arrest with electronic monitoring, and agreeing to waive the right to receive credit for any time served on house arrest with electronic monitoring toward the period of any other dispositional order imposed upon the child if the child violates any of the requirements of the dispositional order of house arrest with electronic monitoring. The court also may impose other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit for any time served on house arrest with electronic monitoring or continuous alcohol monitoring or both toward any other dispositional order imposed upon the child for the act for which was imposed the dispositional order of house arrest with electronic monitoring or continuous alcohol monitoring. As used in this division and division (A)(4)(l) of this section, "continuous alcohol monitoring" has the same meaning as in section 2929.01 of the Revised Code.
(l) A suspension of the driver's license, probationary driver's license, or temporary instruction permit issued to the child for a period of time prescribed by the court, or a suspension of the registration of all motor vehicles registered in the name of the child for a period of time prescribed by the court. A child whose license or permit is so suspended is ineligible for issuance of a license or permit during the period of suspension. At the end of the period of suspension, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.
(5) Commit the child to the custody of the court;
(6) Require the child to not be absent without legitimate excuse from the public school the child is supposed to attend for five or more consecutive days, seven or more school days in one school month, or twelve or more school days in a school year;
(7)(a) If a child is adjudicated a delinquent child for being a chronic truant or a habitual truant who previously has been adjudicated an unruly child for being a habitual truant, do either or both of the following:
(i) Require the child to participate in a truancy prevention mediation program;
(ii) Make any order of disposition as authorized by this section, except that the court shall not commit the child to a facility described in division (A)(2) or (3) of this section unless the court determines that the child violated a lawful court order made pursuant to division (C)(1)(e) of section 2151.354 of the Revised Code or division (A)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a chronic truant or a habitual truant who previously has been adjudicated an unruly child for being a habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, do either or both of the following:
(i) Require the parent, guardian, or other person having care of the child to participate in a truancy prevention mediation program;
(ii) Require the parent, guardian, or other person having care of the child to participate in any community service program, preferably a community service program that requires the involvement of the parent, guardian, or other person having care of the child in the school attended by the child.
(8) Make any further disposition that the court finds proper, except that the child shall not be placed in any of the following:
(a) A state correctional institution, a county, multicounty, or municipal jail or workhouse, or another place in which an adult convicted of a crime, under arrest, or charged with a crime is held;
(b) A community corrections facility, if the child would be covered by the definition of public safety beds for purposes of sections 5139.41 to 5139.43 of the Revised Code if the court exercised its authority to commit the child to the legal custody of the department of youth services for institutionalization or institutionalization in a secure facility pursuant to this chapter.
(B) If a child is adjudicated a delinquent child, in addition to any order of disposition made under division (A) of this section, the court, in the following situations and for the specified periods of time, shall suspend the child's temporary instruction permit, restricted license, probationary driver's license, or nonresident operating privilege, or suspend the child's ability to obtain such a permit:
(1) If the child is adjudicated a delinquent child for violating section 2923.122 of the Revised Code, impose a class four suspension of the child's license, permit, or privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or deny the child the issuance of a license or permit in accordance with division (F)(1) of section 2923.122 of the Revised Code.
(2) If the child is adjudicated a delinquent child for committing an act that if committed by an adult would be a drug abuse offense or for violating division (B) of section 2917.11 of the Revised Code, suspend the child's license, permit, or privilege for a period of time prescribed by the court. The court, in its discretion, may terminate the suspension if the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending a program described in this division, the court shall retain the child's temporary instruction permit, probationary driver's license, or driver's license, and the court shall return the permit or license if it terminates the suspension as described in this division.
(C) The court may establish a victim-offender mediation program in which victims and their offenders meet to discuss the offense and suggest possible restitution. If the court obtains the assent of the victim of the delinquent act committed by the child, the court may require the child to participate in the program.
(D)(1) If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult and if the child caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the act, the court, prior to issuing an order of disposition under this section, shall order the preparation of a victim impact statement by the probation department of the county in which the victim of the act resides, by the court's own probation department, or by a victim assistance program that is operated by the state, a county, a municipal corporation, or another governmental entity. The court shall consider the victim impact statement in determining the order of disposition to issue for the child.
(2) Each victim impact statement shall identify the victim of the act for which the child was adjudicated a delinquent child, itemize any economic loss suffered by the victim as a result of the act, identify any physical injury suffered by the victim as a result of the act and the seriousness and permanence of the injury, identify any change in the victim's personal welfare or familial relationships as a result of the act and any psychological impact experienced by the victim or the victim's family as a result of the act, and contain any other information related to the impact of the act upon the victim that the court requires.
(3) A victim impact statement shall be kept confidential and is not a public record. However, the court may furnish copies of the statement to the department of youth services if the delinquent child is committed to the department or to both the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney. The copy of a victim impact statement furnished by the court to the department pursuant to this section shall be kept confidential and is not a public record. If an officer is preparing pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence investigation report pertaining to a person, the court shall make available to the officer, for use in preparing the report, a copy of any victim impact statement regarding that person. The copies of a victim impact statement that are made available to the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney pursuant to this division shall be returned to the court by the person to whom they were made available immediately following the imposition of an order of disposition for the child under this chapter.
The copy of a victim impact statement that is made available pursuant to this division to an officer preparing a criminal presentence investigation report shall be returned to the court by the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local probation departments and victim assistance programs to develop a standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a chronic truant or a habitual truant who previously has been adjudicated an unruly child for being a habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, in addition to any order of disposition it makes under this section, the court shall warn the parent, guardian, or other person having care of the child that any subsequent adjudication of the child as an unruly or delinquent child for being a habitual or chronic truant may result in a criminal charge against the parent, guardian, or other person having care of the child for a violation of division (C) of section 2919.21 or section 2919.24 of the Revised Code.
(F)(1) During the period of a delinquent child's community control granted under this section, authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may search, with or without a warrant, the person of the delinquent child, the place of residence of the delinquent child, and a motor vehicle, another item of tangible or intangible personal property, or other real property in which the delinquent child has a right, title, or interest or for which the delinquent child has the express or implied permission of a person with a right, title, or interest to use, occupy, or possess if the probation officers have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court that places a delinquent child on community control under this section shall provide the delinquent child with a written notice that informs the delinquent child that authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may conduct those types of searches during the period of community control if they have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court also shall provide the written notice described in division (E)(2) of this section to each parent, guardian, or custodian of the delinquent child who is described in that division.
(2) The court that places a child on community control under this section shall provide the child's parent, guardian, or other custodian with a written notice that informs them that authorized probation officers may conduct searches pursuant to division (E)(1) of this section. The notice shall specifically state that a permissible search might extend to a motor vehicle, another item of tangible or intangible personal property, or a place of residence or other real property in which a notified parent, guardian, or custodian has a right, title, or interest and that the parent, guardian, or custodian expressly or impliedly permits the child to use, occupy, or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense that is not a
registration-exempt sexually oriented offense or is a child-victim
oriented offense, the court in the order
of disposition
shall do
one of the following:
(1) Require that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code;
(2) Inform the person, organization, or entity that it is the preferred course of action in this state that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code and encourage the person, organization, or entity to provide that treatment.
Sec. 2152.191. If a child is adjudicated a delinquent child
for committing a sexually oriented offense that is not a
registration-exempt sexually oriented offense or for committing a
child-victim oriented offense, if the child is
fourteen years of
age or older at the time of
committing the
offense,
and if the
child committed the offense on
or
after
January 1, 2002, both of
the following
apply:
(A) Sections 2152.82 to 2152.85 2152.86 and Chapter 2950. of
the
Revised Code apply to the child
and the adjudication.
(B) In addition to any order of disposition it makes of the
child under this chapter, the court may make any determination,
adjudication, or order authorized under sections 2152.82 to
2152.85 2152.86 and Chapter 2950. of the
Revised Code and shall
make any
determination, adjudication, or
order required under
those
sections and that chapter.
Sec. 2152.22. (A)
When a child is committed to the legal
custody
of the department of youth services under this chapter,
the juvenile court
relinquishes control with respect to the child
so committed, except as
provided in
divisions (B), (C), and (G) of
this section
or in sections 2152.82 to 2152.85 2152.86 of the
Revised
Code.
Subject to divisions (B) and (C) of this section,
sections
2151.353 and 2151.412 to 2151.421 of the Revised Code,
sections
2152.82 to 2152.85 2152.86 of the Revised Code,
and
any
other
provision of
law that specifies a different duration
for a
dispositional order,
all other dispositional orders made by
the
court under
this
chapter shall be
temporary and
shall continue
for
a period that is
designated by the court in its
order, until
terminated or modified
by the court or until
the child attains
twenty-one years of age.
The department shall not release the child from a department facility and as a result shall not discharge the child or order the child's release on supervised release prior to the expiration of the minimum period specified by the court in division (A)(1) of section 2152.16 of the Revised Code and any term of commitment imposed under section 2152.17 of the Revised Code or prior to the child's attainment of twenty-one years of age, except upon the order of a court pursuant to division (B) or (C) of this section or in accordance with section 5139.54 of the Revised Code.
(B)(1) The court that commits a delinquent child to the department may grant judicial release of the child to court supervision under this division during the first half of the prescribed minimum term for which the child was committed to the department or, if the child was committed to the department until the child attains twenty-one years of age, during the first half of the prescribed period of commitment that begins on the first day of commitment and ends on the child's twenty-first birthday, provided any commitment imposed under division (A), (B), (C), or (D) of section 2152.17 of the Revised Code has ended.
(2) If the department of youth services desires to release a child during a period specified in division (B)(1) of this section, it shall request the court that committed the child to grant a judicial release of the child to court supervision. During whichever of those periods is applicable, the child or the parents of the child also may request that court to grant a judicial release of the child to court supervision. Upon receipt of a request for a judicial release to court supervision from the department, the child, or the child's parent, or upon its own motion, the court that committed the child shall do one of the following: approve the release by journal entry; schedule within thirty days after the request is received a time for a hearing on whether the child is to be released; or reject the request by journal entry without conducting a hearing.
If the court rejects an initial request for a release under this division by the child or the child's parent, the child or the child's parent may make one additional request for a judicial release to court supervision within the applicable period. The additional request may be made no earlier than thirty days after the filing of the prior request for a judicial release to court supervision. Upon the filing of a second request for a judicial release to court supervision, the court shall either approve or disapprove the release by journal entry or schedule within thirty days after the request is received a time for a hearing on whether the child is to be released.
(3) If a court schedules a hearing under division (B)(2) of this section, it may order the department to deliver the child to the court on the date set for the hearing and may order the department to present to the court a report on the child's progress in the institution to which the child was committed and recommendations for conditions of supervision of the child by the court after release. The court may conduct the hearing without the child being present. The court shall determine at the hearing whether the child should be granted a judicial release to court supervision.
If the court approves the release, it shall order its staff to prepare a written treatment and rehabilitation plan for the child that may include any conditions of the child's release that were recommended by the department and approved by the court. The committing court shall send the juvenile court of the county in which the child is placed a copy of the recommended plan. The court of the county in which the child is placed may adopt the recommended conditions set by the committing court as an order of the court and may add any additional consistent conditions it considers appropriate. If a child is granted a judicial release to court supervision, the release discharges the child from the custody of the department of youth services.
(C)(1) The court that commits a delinquent child to the department may grant judicial release of the child to department of youth services supervision under this division during the second half of the prescribed minimum term for which the child was committed to the department or, if the child was committed to the department until the child attains twenty-one years of age, during the second half of the prescribed period of commitment that begins on the first day of commitment and ends on the child's twenty-first birthday, provided any commitment imposed under division (A), (B), (C), or (D) of section 2152.17 of the Revised Code has ended.
(2) If the department of youth services desires to release a child during a period specified in division (C)(1) of this section, it shall request the court that committed the child to grant a judicial release to department of youth services supervision. During whichever of those periods is applicable, the child or the child's parent also may request the court that committed the child to grant a judicial release to department of youth services supervision. Upon receipt of a request for judicial release to department of youth services supervision, the child, or the child's parent, or upon its own motion at any time during that period, the court shall do one of the following: approve the release by journal entry; schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released; or reject the request by journal entry without conducting a hearing.
If the court rejects an initial request for release under this division by the child or the child's parent, the child or the child's parent may make one or more subsequent requests for a release within the applicable period, but may make no more than one request during each period of ninety days that the child is in a secure department facility after the filing of a prior request for early release. Upon the filing of a request for release under this division subsequent to an initial request, the court shall either approve or disapprove the release by journal entry or schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released.
(3) If a court schedules a hearing under division (C)(2) of this section, it may order the department to deliver the child to the court on the date set for the hearing and shall order the department to present to the court at that time a treatment plan for the child's post-institutional care. The court may conduct the hearing without the child being present. The court shall determine at the hearing whether the child should be granted a judicial release to department of youth services supervision.
If the court approves the judicial release to department of youth services supervision, the department shall prepare a written treatment and rehabilitation plan for the child pursuant to division (E) of this section that shall include the conditions of the child's release. It shall send the committing court and the juvenile court of the county in which the child is placed a copy of the plan. The court of the county in which the child is placed may adopt the conditions set by the department as an order of the court and may add any additional consistent conditions it considers appropriate, provided that the court may not add any condition that decreases the level or degree of supervision specified by the department in its plan, that substantially increases the financial burden of supervision that will be experienced by the department, or that alters the placement specified by the department in its plan. If the court of the county in which the child is placed adds to the department's plan any additional conditions, it shall enter those additional conditions in its journal and shall send to the department a copy of the journal entry of the additional conditions.
If the court approves the judicial release to department of youth services supervision, the actual date on which the department shall release the child is contingent upon the department finding a suitable placement for the child. If the child is to be returned to the child's home, the department shall return the child on the date that the court schedules for the child's release or shall bear the expense of any additional time that the child remains in a department facility. If the child is unable to return to the child's home, the department shall exercise reasonable diligence in finding a suitable placement for the child, and the child shall remain in a department facility while the department finds the suitable placement.
(D) If a child is released under division (B) or (C) of this section and the court of the county in which the child is placed has reason to believe that the child's deportment is not in accordance with the conditions of the child's judicial release, the court of the county in which the child is placed shall schedule a time for a hearing to determine whether the child violated any of the post-release conditions, and, if the child was released under division (C) of this section, divisions (A) to (E) of section 5139.52 of the Revised Code apply regarding the child.
If that court determines at the hearing that the child violated any of the post-release conditions, the court, if it determines that the violation was a serious violation, may order the child to be returned to the department for institutionalization, consistent with the original order of commitment of the child, or in any case may make any other disposition of the child authorized by law that the court considers proper. If the court of the county in which the child is placed orders the child to be returned to a department of youth services institution, the time during which the child was held in a secure department facility prior to the child's judicial release shall be considered as time served in fulfilling the prescribed period of institutionalization that is applicable to the child under the child's original order of commitment. If the court orders the child returned to a department institution, the child shall remain in institutional care for a minimum of three months or until the child successfully completes a revocation program of a duration of not less than thirty days operated either by the department or by an entity with which the department has contracted to provide a revocation program.
(E) The department of youth services, prior to the release of a child pursuant to division (C) of this section, shall do all of the following:
(1) After reviewing the child's rehabilitative progress history and medical and educational records, prepare a written treatment and rehabilitation plan for the child that includes conditions of the release;
(2) Completely discuss the conditions of the plan prepared pursuant to division (E)(1) of this section and the possible penalties for violation of the plan with the child and the child's parents, guardian, or legal custodian;
(3) Have the plan prepared pursuant to division (E)(1) of this section signed by the child, the child's parents, legal guardian, or custodian, and any authority or person that is to supervise, control, and provide supportive assistance to the child at the time of the child's release pursuant to division (C) of this section;
(4) Prior to the child's release, file a copy of the treatment plan prepared pursuant to division (E)(1) of this section with the committing court and the juvenile court of the county in which the child is to be placed.
(F) The department of youth services shall file a written progress report with the committing court regarding each child released pursuant to division (C) of this section at least once every thirty days unless specifically directed otherwise by the court. The report shall indicate the treatment and rehabilitative progress of the child and the child's family, if applicable, and shall include any suggestions for altering the program, custody, living arrangements, or treatment. The department shall retain legal custody of a child so released until it discharges the child or until the custody is terminated as otherwise provided by law.
(G) When a child is committed to the legal custody of the department of youth services, the court retains jurisdiction to perform the functions specified in section 5139.51 of the Revised Code with respect to the granting of supervised release by the release authority and to perform the functions specified in section 5139.52 of the Revised Code with respect to violations of the conditions of supervised release granted by the release authority and to the revocation of supervised release granted by the release authority.
Sec. 2152.821 2152.811. (A) As used in this section:
(1) "Mentally retarded person" and "developmentally disabled person" have the same meanings as in section 5123.01 of the Revised Code.
(2) "Mentally retarded or developmentally disabled victim" includes any of the following persons:
(a) A mentally retarded person or developmentally disabled person who was a victim of a violation identified in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult;
(b) A mentally retarded person or developmentally disabled person against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult.
(B)(1) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation of section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or act was a mentally retarded person or developmentally disabled person, the juvenile judge, upon motion of the prosecution, shall order that the testimony of the mentally retarded or developmentally disabled victim be taken by deposition. The prosecution also may request that the deposition be videotaped in accordance with division (B)(2) of this section. The judge shall notify the mentally retarded or developmentally disabled victim whose deposition is to be taken, the prosecution, and the attorney for the child who is charged with the violation or act of the date, time, and place for taking the deposition. The notice shall identify the mentally retarded or developmentally disabled victim who is to be examined and shall indicate whether a request that the deposition be videotaped has been made. The child who is charged with the violation or act shall have the right to attend the deposition and the right to be represented by counsel. Depositions shall be taken in the manner provided in civil cases, except that the judge in the proceeding shall preside at the taking of the deposition and shall rule at that time on any objections of the prosecution or the attorney for the child charged with the violation or act. The prosecution and the attorney for the child charged with the violation or act shall have the right, as at an adjudication hearing, to full examination and cross-examination of the mentally retarded or developmentally disabled victim whose deposition is to be taken.
If a deposition taken under this division is intended to be offered as evidence in the proceeding, it shall be filed in the juvenile court in which the action is pending and is admissible in the manner described in division (C) of this section. If a deposition of a mentally retarded or developmentally disabled victim taken under this division is admitted as evidence at the proceeding under division (C) of this section, the mentally retarded or developmentally disabled victim shall not be required to testify in person at the proceeding.
At any time before the conclusion of the proceeding, the attorney for the child charged with the violation or act may file a motion with the judge requesting that another deposition of the mentally retarded or developmentally disabled victim be taken because new evidence material to the defense of the child charged has been discovered that the attorney for the child charged could not with reasonable diligence have discovered prior to the taking of the admitted deposition. Any motion requesting another deposition shall be accompanied by supporting affidavits. Upon the filing of the motion and affidavits, the court may order that additional testimony of the mentally retarded or developmentally disabled victim relative to the new evidence be taken by another deposition. If the court orders the taking of another deposition under this provision, the deposition shall be taken in accordance with this division. If the admitted deposition was a videotaped deposition taken in accordance with division (B)(2) of this section, the new deposition also shall be videotaped in accordance with that division. In other cases, the new deposition may be videotaped in accordance with that division.
(2) If the prosecution requests that a deposition to be taken under division (B)(1) of this section be videotaped, the juvenile judge shall order that the deposition be videotaped in accordance with this division. If a juvenile judge issues an order to video tape the deposition, the judge shall exclude from the room in which the deposition is to be taken every person except the mentally retarded or developmentally disabled victim giving the testimony, the judge, one or more interpreters if needed, the attorneys for the prosecution and the child who is charged with the violation or act, any person needed to operate the equipment to be used, one person chosen by the mentally retarded or developmentally disabled victim giving the deposition, and any person whose presence the judge determines would contribute to the welfare and well-being of the mentally retarded or developmentally disabled victim giving the deposition. The person chosen by the mentally retarded or developmentally disabled victim shall not be a witness in the proceeding and, both before and during the deposition, shall not discuss the testimony of the victim with any other witness in the proceeding. To the extent feasible, any person operating the recording equipment shall be restricted to a room adjacent to the room in which the deposition is being taken, or to a location in the room in which the deposition is being taken that is behind a screen or mirror so that the person operating the recording equipment can see and hear, but cannot be seen or heard by, the mentally retarded or developmentally disabled victim giving the deposition during the deposition.
The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the mentally retarded or developmentally disabled victim giving the deposition on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the mentally retarded or developmentally disabled victim giving the deposition, except on a monitor provided for that purpose. The mentally retarded or developmentally disabled victim giving the deposition shall be provided with a monitor on which the mentally retarded or developmentally disabled victim can observe, while giving testimony, the child who is charged with the violation or act. The judge, at the judge's discretion, may preside at the deposition by electronic means from outside the room in which the deposition is to be taken; if the judge presides by electronic means, the judge shall be provided with monitors on which the judge can see each person in the room in which the deposition is to be taken and with an electronic means of communication with each person in that room, and each person in the room shall be provided with a monitor on which that person can see the judge and with an electronic means of communication with the judge. A deposition that is videotaped under this division shall be taken and filed in the manner described in division (B)(1) of this section and is admissible in the manner described in this division and division (C) of this section. If a deposition that is videotaped under this division is admitted as evidence at the proceeding, the mentally retarded or developmentally disabled victim shall not be required to testify in person at the proceeding. No deposition videotaped under this division shall be admitted as evidence at any proceeding unless division (C) of this section is satisfied relative to the deposition and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the child who is charged with the violation or act are afforded an opportunity to view the recording before it is shown in the proceeding.
(C)(1) At any proceeding in relation to which a deposition was taken under division (B) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; the mentally retarded or developmentally disabled victim who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or both of the following apply:
(a) The child who is charged with the violation or act had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the mentally retarded or developmentally disabled victim who gave the testimony in the deposition were to testify in person at the proceeding, the mentally retarded or developmentally disabled victim would experience serious emotional trauma as a result of the mentally retarded or developmentally disabled victim's participation at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (C) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (B) and (C) of this section are in addition to any other provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a juvenile court proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (B) of this section or otherwise taken.
(D) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a mentally retarded or developmentally disabled person, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the mentally retarded or developmentally disabled victim to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the child who is charged with the violation or act and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the mentally retarded or developmentally disabled victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the mentally retarded or developmentally disabled victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act for one or more of the reasons set forth in division (F) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (B)(2) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the mentally retarded or developmentally disabled victim giving the testimony, in a manner similar to that described in division (B)(2) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the mentally retarded or developmentally disabled victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the mentally retarded or developmentally disabled victim giving the testimony, except on a monitor provided for that purpose. The mentally retarded or developmentally disabled victim giving the testimony shall be provided with a monitor on which the mentally retarded or developmentally disabled victim can observe, while giving testimony, the child who is charged with the violation or act.
(E) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a mentally retarded or developmentally disabled person, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the mentally retarded or developmentally disabled victim to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the child who is charged with the violation or act, and any other persons who would have been present during the testimony of the mentally retarded or developmentally disabled victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the mentally retarded or developmentally disabled victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (F) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the mentally retarded or developmentally disabled victim giving the testimony, in a manner similar to that described in division (B)(2) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the mentally retarded or developmentally disabled victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the mentally retarded or developmentally disabled victim giving the testimony, except on a monitor provided for that purpose. The mentally retarded or developmentally disabled victim giving the testimony shall be provided with a monitor on which the mentally retarded or developmentally disabled victim can observe, while giving testimony, the child who is charged with the violation or act. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(F) For purposes of divisions (D) and (E) of this section, a juvenile judge may order the testimony of a mentally retarded or developmentally disabled victim to be taken outside of the room in which a proceeding is being conducted if the judge determines that the mentally retarded or developmentally disabled victim is unavailable to testify in the room in the physical presence of the child charged with the violation or act due to one or more of the following circumstances:
(1) The persistent refusal of the mentally retarded or developmentally disabled victim to testify despite judicial requests to do so;
(2) The inability of the mentally retarded or developmentally disabled victim to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the mentally retarded or developmentally disabled victim will suffer serious emotional trauma from so testifying.
(G)(1) If a juvenile judge issues an order pursuant to division (D) or (E) of this section that requires the testimony of a mentally retarded or developmentally disabled victim in a juvenile court proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the mentally retarded or developmentally disabled victim to whose testimony it applies, the order applies only during the testimony of the specified mentally retarded or developmentally disabled victim, and the mentally retarded or developmentally disabled victim giving the testimony shall not be required to testify at the proceeding other than in accordance with the order. The authority of a judge to close the taking of a deposition under division (B)(2) of this section or a proceeding under division (D) or (E) of this section is in addition to the authority of a judge to close a hearing pursuant to section 2151.35 of the Revised Code.
(2) A juvenile judge who makes any determination regarding the admissibility of a deposition under divisions (B) and (C) of this section, the videotaping of a deposition under division (B)(2) of this section, or the taking of testimony outside of the room in which a proceeding is being conducted under division (D) or (E) of this section shall enter the determination and findings on the record in the proceeding.
Sec. 2152.82. (A) The court that adjudicates a child a delinquent child shall issue as part of the dispositional order an order that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if all of the following apply:
(1) The act for which the child is adjudicated a delinquent
child is a sexually oriented offense that is not a
registration-exempt sexually oriented offense or is a child-victim
oriented offense that the child committed on
or after January 1,
2002.
(2) The child was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the offense.
(3) The court has determined that the
child previously was
convicted of, pleaded guilty to, or was
adjudicated a delinquent
child for committing
any sexually
oriented offense or child-victim
oriented offense, regardless of
when the prior
offense was
committed and regardless of the
child's
age
at the time
of
committing the offense.
(4) The court is not required to classify the child as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant under section 2152.86 of the Revised Code.
(B) An order required under division (A)
of this section
shall be issued
at the time the judge makes
the orders order of
disposition for the
delinquent child. Prior to issuing the order
required by division (A) of this section,
the judge shall
conduct
the hearing and make the determinations
required by
division (B)
of
section 2950.09 of
the Revised Code regarding a sexually
oriented offense that is not a registration-exempt sexually
oriented offense or division (B) of section 2950.091 of the
Revised Code regarding a child-victim oriented offense
to
determine if the
child
is to be classified a
sexual predator or a
child-victim predator, shall make the
determinations required by
division (E) of section 2950.09 of the Revised Code regarding a
sexually oriented offense that is not a registration-exempt
sexually oriented offense or division (E) of section 2950.091 of
the Revised Code regarding a child-victim oriented offense to
determine if the child is to be
classified a habitual sex
offender
or a habitual child-victim offender, and shall otherwise comply
with those divisions a hearing under section 2152.831 of the
Revised Code to
determine whether the child is a tier I sex
offender/child-victim
offender, a tier II sex
offender/child-victim offender, or a tier
III sex
offender/child-victim offender. If the court determines
that the
delinquent child to whom the order applies is a tier III
sex
offender/child-victim offender and the child is not a public
registry-qualified juvenile offender registrant, the judge may
impose a requirement subjecting the child to the victim and
community notification provisions of sections 2950.10 and 2950.11
of the Revised Code. When a
judge issues an order
under division
(A) of this section, all of
the following apply:
(1) The judge shall include in the order any determination
that the delinquent child is, or is not, a sexual predator or
child-victim predator or is, or is not, a habitual
sex offender or
habitual child-victim offender that the judge makes pursuant to
division (B) or (E)
of section 2950.09 or 2950.091 of the Revised
Code and any related information
required or authorized under the
division under which the
determination is made, including, but not
limited to, any
requirement imposed by the court subjecting a
child who is a
habitual sex offender or habitual child-victim
offender to community notification provisions as
described in
division (E) of section 2950.09 or 2950.091 of the Revised Code.
(2) The judge shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense or child-victim
oriented offense upon which the order is
based, a hearing will be
conducted, and the order and any
determinations included in the
order are subject to
modification
or termination
pursuant to
sections 2152.84 and 2152.85 of the
Revised Code.
(3)(2) The judge shall provide to the
delinquent child and to
the delinquent child's parent, guardian,
or custodian the notice
required under divisions (A)
and (B) of section 2950.03 of the
Revised Code and shall provide as part of that notice a copy of
the order.
(4)(3) The judge shall include the order in the delinquent
child's dispositional order and shall specify in the dispositional
order that the order issued under division (A) of this
section was
made pursuant to this section.
(4) If the court determines that the delinquent child to whom the order applies is a tier III sex offender/child-victim offender, if the child is not a public registry-qualified juvenile offender registrant, and if the judge imposes a requirement subjecting the child to the victim and community notification provisions of sections 2950.10 and 2950.11 of the Revised Code, the judge shall include the requirement in the order.
(5) The court shall include in the order its determination made at the hearing held under section 2151.831 of the Revised Code as to whether the delinquent child is a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender.
(C) An Except as provided in division (D) of this section, an
order issued under division (A) of this
section and
any
determinations included in the order shall remain in effect
for
the period of time specified in
section 2950.07 of the Revised
Code, subject to a modification or
termination of the order under
section 2152.84 or 2152.85 of the
Revised Code, and section
2152.851 of the Revised Code applies regarding the order and the
determinations. If an order is
issued under division (A) of
this
section, the child's attainment
of eighteen or twenty-one
years of
age does not affect or
terminate the order, and the order
remains
in effect for the
period of time described in this
division.
(D) A court that adjudicates a child a delinquent child for a
sexually oriented offense that is a registration-exempt sexually
oriented offense shall not issue based on that adjudication an
order under this section that classifies the child a juvenile
offender registrant and specifies that the child has a duty to
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code. If a court issues an order under division (A) of
this section before January 1, 2008, not later than February 1,
2008, the court shall terminate the order and issue a new order
that reclassifies the child as both a juvenile offender registrant
and a public registry-qualified juvenile offender registrant
pursuant to section 2152.86 of the Revised Code if the court
imposed on the
child a serious youthful offender dispositional
sentence under
section 2152.13 of the Revised Code and if the act
that
was the basis of the classification of the delinquent child
as a
juvenile offender registrant and is the basis of the serious
youthful offender dispositional sentence is any of the following:
(1) Committing, attempting to commit, conspiring to commit, or complicity in committing a violation of section 2907.02 of the Revised Code, division (B) of section 2907.05 of the Revised Code, or section 2907.03 of the Revised Code if the victim of the violation was less than twelve years of age;
(2) Committing, attempting to commit, conspiring to commit, or complicity in committing a violation of section 2903.01, 2903.02, or 2905.01 of the Revised Code that was committed with a purpose to gratify the sexual needs or desires of the child.
Sec. 2152.83. (A)(1) The court that adjudicates a
child a
delinquent child shall issue as part of the dispositional
order
or, if the court commits the child for the delinquent act to
the
custody of a secure facility, shall issue at the time of the
child's release from the secure facility, an order that classifies
the child a juvenile offender registrant and specifies that
the
child has a duty to comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the
Revised Code if all of the following
apply:
(a) The act for which the child is
or was adjudicated a
delinquent
child
is a sexually oriented offense that is not a
registration-exempt sexually oriented offense or is a child-victim
oriented offense
that the child
committed on or after January 1,
2002.
(b) The child was sixteen or seventeen years of age at the time of committing the offense.
(c) The court was not required to classify the child a juvenile offender registrant under section 2152.82 of the Revised Code or as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant under section 2152.86 of the Revised Code.
(2) Prior to issuing the order
required by division (A)(2) of
this section, the judge shall conduct the hearing and make the
determinations required by
division (B)
of section 2950.09 of the
Revised Code regarding a sexually oriented offense that is not a
registration-exempt sexually oriented offense or division (B) of
section 2950.091 of the Revised Code regarding a child-victim
oriented offense
to
determine if the child is to be classified a
sexual predator or a child-victim predator,
shall make the
determinations required by
division (E) of
section 2950.09 of the
Revised Code regarding a sexually oriented offense that is not a
registration-exempt sexually oriented offense or division (E) of
section 2950.091 of the Revised Code regarding a child-victim
oriented offense to determine if the child is to be
classified a
habitual sex offender or a habitual child-victim offender, and
shall otherwise comply
with those
divisions a hearing under
section 2152.831 of the Revised Code, except as otherwise provided
in that section, to determine whether the child is a tier I sex
offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender. When a judge issues an order under
division
(A)(1) of
this section, the judge shall include in the
order
all
of the
determinations and information identified in
division
(B)(1)(5) of
section 2152.82 of the Revised Code that are
relevant.
(B)(1) The court that adjudicates a child a delinquent
child,
on the judge's own motion, may conduct at the time of
disposition
of the child or, if the court commits the child for
the delinquent
act to the custody of a secure facility, may
conduct at the time
of the child's release from the secure
facility, a hearing for the
purposes described in division (B)(2)
of this section if all of
the following apply:
(a) The act for which the child is adjudicated a delinquent
child
is a
sexually oriented offense that is not a
registration-exempt sexually oriented offense or is a child-victim
oriented offense
that the
child committed on
or after January 1,
2002.
(b) The child was fourteen or fifteen years of age at the time of committing the offense.
(c) The court was not required to classify the child a juvenile offender registrant under section 2152.82 of the Revised Code or as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant under section 2152.86 of the Revised Code.
(2) A judge shall conduct a hearing under division (B)(1) of this section to review the effectiveness of the disposition made of the child and of any treatment provided for the child placed in a secure setting and to determine whether the child should be classified a juvenile offender registrant. The judge may conduct the hearing on the judge's own initiative or based upon a recommendation of an officer or employee of the department of youth services, a probation officer, an employee of the court, or a prosecutor or law enforcement officer. If the judge conducts the hearing, upon completion of the hearing, the judge, in the judge's discretion and after consideration of the factors listed in division (E) of this section, shall do either of the following:
(a) Decline to issue an order that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;
(b) Issue an order that classifies the child a juvenile
offender registrant and specifies that the child has a duty to
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code and, if the
judge conducts a hearing as described
in division (C) of this section to determine whether
the child is
a sexual predator or child-victim predator or a habitual sex
offender or habitual child-victim offender, include
in the order a
statement that the judge has determined that the
child is, or is
not, a sexual predator, child-victim predator, habitual sex
offender, or habitual child-victim offender, whichever
is
applicable that states the determination that the judge makes at
the hearing held pursuant to section 2152.831 of the Revised Code
as to whether the child is a tier I sex offender/child-victim
offender, a tier II sex offender/child-victim offender, or a tier
III sex offender/child-victim offender.
(C) A judge may issue (1) Prior to issuing an order under
division (B)(2)(b) of this
section that contains a determination
that a delinquent child is a sexual predator or child-victim
predator only if the judge, in accordance with the
procedures
specified in division (B) of section 2950.09 of the
Revised Code
regarding sexual predators or division (B) of section 2950.091 of
the Revised Code regarding child-victim predators, determines at
the hearing by clear and convincing
evidence that the child is a
sexual predator or a child-victim predator. A judge may issue
an
order under division (B) of this section that contains a
determination that a delinquent child is a habitual sex offender
or a habitual child-victim offender
only if the judge
at the
hearing
determines as
described in
division (E) of section 2950.09
of the Revised Code
regarding habitual sex offenders or division
(E) of section 2950.091 of the Revised Code regarding habitual
child-victim offenders that the child
is a habitual sex offender
or a habitual child-victim offender. If the judge issues an
order
under
division (B) of this section that contains a
determination
that a
delinquent child is a habitual sex offender or a habitual
child-victim offender,
the judge may impose
a requirement
subjecting the child to
community notification
provisions as
described in division (E) of
section 2950.09 or 2950.091 of the
Revised Code, whichever is applicable. If the court conducts a
hearing as described in this division to determine whether the
child is a sexual predator or child-victim predator or a habitual
sex offender or habitual child-victim offender, the judge shall
comply with division (B) or (E) of section 2950.09 or 2950.091 of
the Revised Code, whichever is applicable, in all regards, the
judge shall conduct a hearing under section 2152.831 of the
Revised Code to
determine whether the child is a tier I sex
offender/child-victim
offender, a tier II sex
offender/child-victim offender, or a tier
III sex
offender/child-victim offender. The judge may hold the
hearing at
the same time as the hearing under division (B) of this
section.
(2) If a judge issues an order under division (A) or (B) of this section and the court determines that the delinquent child to whom the order applies is a tier III sex offender/child-victim offender and the child is not a public registry-qualified juvenile offender registrant, the judge may impose a requirement subjecting the child to the victim and community notification provisions of sections 2950.10 and 2950.11 of the Revised Code. If the judge imposes a requirement subjecting the child to the victim and community notification provisions of sections 2950.10 and 2950.11 of the Revised Code, the judge shall include the requirement in the order.
(D)(3) If a judge issues an order under division (A) or (B)
of
this section, the judge shall provide to the delinquent child
and
to the delinquent child's parent, guardian, or custodian a
copy of
the order and a notice containing the information
described in
divisions (A) and (B) of section 2950.03 of the
Revised Code. The
judge shall provide the notice at the time of
the issuance of the
order and shall comply with divisions (B)
and
(C) of that section
regarding that notice and the provision of
it.
The judge also shall include in the order a statement that, upon completion of the disposition of the delinquent child that was made for the sexually oriented offense or child-victim oriented offense upon which the order is based, a hearing will be conducted and the order is subject to modification or termination pursuant to section 2152.84 of the Revised Code.
(E)(D) In making a decision under division (B) of this
section
as to whether a delinquent child should be classified a
juvenile
offender registrant and, if so, whether the child also is
a
sexual predator or child-victim predator or a habitual sex
offender or habitual child-victim offender, a judge shall consider
all relevant factors, including, but not limited to, all of the
following:
(1) The nature of the sexually oriented offense that is not a
registration-exempt sexually oriented offense or the child-victim
oriented offense committed by
the child;
(2) Whether the child has shown any genuine remorse or compunction for the offense;
(3) The public interest and safety;
(4) The factors set forth in division (B)(3)(K) of section
2950.09 or 2950.091 2950.11 of the Revised Code, whichever is
applicable; provided that references in the factors as set forth
in that division to "the offender" shall be construed for purposes
of this division to be references to "the delinquent child;"
(5) The factors set forth in divisions (B) and (C) of section 2929.12 of the Revised Code as those factors apply regarding the delinquent child, the offense, and the victim;
(6) The results of any treatment provided to the child and of any follow-up professional assessment of the child.
(F)(E) An order issued under division (A) or (B) of this
section and any determinations included in the order
shall remain
in effect for the period of time specified in
section
2950.07 of
the Revised Code, subject to a modification or
termination of the
order under section 2152.84 of the Revised
Code, and section
2152.851 of the Revised Code applies regarding the order and the
determinations. The child's attainment of eighteen or twenty-one
years of
age does not affect or terminate the order, and the order
remains
in effect for the period of time described in this
division.
(G) A court that adjudicates a child a delinquent child for a
sexually oriented offense that is a registration-exempt sexually
oriented offense shall not issue based on that adjudication an
order under this section that classifies the child a juvenile
offender registrant and specifies that the child has a duty to
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code.
(H)(F) If a court issues an order under division (A) or (B)
of this section before January 1, 2008, not later than February 1,
2008, the court shall terminate the order and issue a new order
that reclassifies the child as both a juvenile offender registrant
and a public registry-qualified juvenile offender registrant
pursuant to section 2152.86 of the Revised Code if the court
imposed on the
child a serious youthful offender dispositional
sentence under
section 2152.13 of the Revised Code and if the act
that
was the basis of the classification of the delinquent child
as a
juvenile offender registrant and is the basis of the serious
youthful offender dispositional sentence is any of the following:
(1) Committing, attempting to commit, conspiring to commit, or complicity in committing a violation of section 2907.02 of the Revised Code, division (B) of section 2907.05 of the Revised Code, or section 2907.03 of the Revised Code if the victim of the violation was less than twelve years of age;
(2) Committing, attempting to commit, conspiring to commit, or complicity in committing a violation of section 2903.01, 2903.02, or 2905.01 of the Revised Code that was committed with a purpose to gratify the sexual needs or desires of the child.
(G) As used in the this section, "secure facility" has the
same
meaning as in section 2950.01 of the Revised Code.
Sec. 2152.831. (A) If, on or after January 1, 2008, a juvenile court adjudicates a child a delinquent child and classifies the child a juvenile offender registrant pursuant to section 2152.82 or 2152.83 of the Revised Code, before issuing the order that classifies the child a juvenile offender registrant the court shall conduct a hearing to determine whether to classify the child a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/ child-victim offender.
(B) When a judge issues an order under section 2152.82 or 2152.83 of the Revised Code that classifies a delinquent child a juvenile offender registrant, in addition to the other statements and information required by the section under which the order is issued, the judge shall include in the order its determination made under division (A) of this section as to whether the child is a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender. When a judge issues an order under section 2152.84 or 2152.85 of the Revised Code that reclassifies a delinquent child from one tier of sex offender/child-victim offender to a different tier of sex offender/child-victim offender, in addition to the other statements and information required by the section under which the order is issued, the judge shall include in the order its determination as to the reclassification of the child and the tier to which the child is reclassified.
(C) The provisions of this section do not apply to a delinquent child if the court is required to classify the child as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant pursuant to section 2152.86 of the Revised Code.
Sec. 2152.84.
(A)(1) When a juvenile court judge issues an
order under section 2152.82 or division (A) or (B) of section
2152.83 of the Revised
Code that classifies a delinquent child a
juvenile offender
registrant and specifies that the child has
a
duty to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code, upon
completion of the
disposition of
that
child
made for the
sexually
oriented offense that is not a
registration-exempt sexually oriented offense or the child-victim
oriented offense on which the juvenile
offender
registrant
order
was based, the judge or the judge's
successor in
office
shall
conduct a hearing to
review the effectiveness of the
disposition
and
of any
treatment provided for the child, to
determine the
risks that the child
might re-offend, and to
determine whether
the
prior classification
of
the child as a
juvenile
offender
registrant
and, if
applicable, as a sexual
predator or
child-victim predator or as a habitual sex offender or habitual
child-victim offender should
be
continued, modified,
or
terminated
as provided under division
(A)(2) of this section, and to
determine whether its
prior determination made at the hearing
held pursuant to section
2152.831 of the Revised Code as to
whether the child is a tier I
sex offender/child-victim offender,
a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender should be continued or modified as
provided under division (A)(2) of this section.
(2) Upon completion of a hearing under division (A)(1) of
this section, the judge, in the judge's discretion and after
consideration of all relevant factors, including but not limited
to, the factors listed in division (E)(D) of
section
2152.83 of
the Revised Code, shall do one of the
following, as
applicable:
(a) Enter an order that continues the classification of the
delinquent child as a juvenile offender registrant made in the
prior order issued under section
2152.82 or
division (A) or
(B) of
section 2152.83 of the Revised
Code, and
any sexual
predator,
child-victim predator, habitual sex offender, or habitual
child-victim offender the prior determination
included in the
order that the child is a tier I sex offender/child-victim
offender, a tier II sex offender/child-victim offender, or a tier
III sex offender/child-victim offender, whichever is applicable;
(b) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and includes a
determination by the
judge that the delinquent child is a sexual
predator or child-victim predator, enter, as applicable, an
order
that contains a determination that the
child no
longer is a sexual
predator, the reason or reasons for that determination, and either
a
determination that the child is a
habitual sex offender
or a
determination that the child
remains a juvenile
offender
registrant but is not a sexual
predator or habitual
sex offender,
or an order that contains a determination that the child no longer
is a child-victim predator, the reason or reasons for that
determination, and either a determination that the child is a
habitual child-victim offender or a determination that the child
remains a juvenile offender registrant but is not a child-victim
predator or habitual child-victim offender;
(c) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and does not
include a sexual
predator or child-victim predator
determination
as described in division
(A)(2)(b) of this
section
but includes a
determination by the
judge that the
delinquent
child is a habitual
sex offender or a habitual child-victim offender, enter, as
applicable,
an order that
contains a
determination that the child
no longer is a
habitual
sex offender and a
determination that
the
child remains a juvenile sex
offender registrant
but is
not a
habitual offender, or an order that contains a determination that
the child no longer is a habitual child-victim offender and a
determination that the child remains a juvenile offender
registrant but is not a habitual child-victim offender;
(d) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and includes a determination
by the
judge that the delinquent child is a sexual predator or
child-victim predator, enter, as applicable,
an
order that
contains a determination that the child
no
longer is a sexual
predator, the reason or reasons for that determination, and either
a
determination
that the child is a habitual sex
offender, a
determination that the child remains a
juvenile
offender
registrant but is not a sexual predator or
habitual sex
offender,
or a determination that the
child no longer is a juvenile offender
registrant
and no
longer has a duty to comply with sections
2950.04, 2950.05, and 2950.06 of the
Revised
Code, or an order
that contains a determination that the child no longer is a
child-victim predator, the reason or reasons for that
determination, and either a determination that the child is a
habitual child-victim offender, a determination that the child
remains a juvenile offender registrant but is not a child-victim
predator or habitual child-victim offender, or a determination
that the child no longer is a juvenile offender registrant and no
longer has a duty to comply with sections 2950.041, 2950.05, and
2950.06 of the Revised Code;
(e) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and does not include a sexual
predator or child-victim predator
determination as described in
division (A)(2)(d) of this
section
but includes a determination by
the judge that the
delinquent
child is a habitual sex offender or
habitual child-victim offender, enter, as applicable, an order
that
contains a
determination that the child no longer is a
habitual
sex offender
and either a determination that
the child
remains a juvenile offender registrant but is not a
sexual
predator or habitual sex offender or a determination that
the
child no longer is a juvenile offender
registrant and no longer
has a duty to comply with sections
2950.04, 2950.05, and 2950.06
of the Revised Code, or an order that contains a determination
that the child no longer is a habitual child-victim offender and
either a determination that the child remains a juvenile offender
registrant but is not a child-victim predator or habitual
child-victim offender or a determination that the child no longer
is a juvenile offender registrant and no longer has a duty to
comply with sections 2950.041, 2950.05, and 2950.06 of the Revised
Code;
(f) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and
does not include
a
sexual
predator or child-victim predator determination or a habitual sex
offender or habitual child-victim offender
determination as
described in divisions (A)(2)(d) and (e) of this
section, enter,
as applicable, enter an
order
that contains a
determination that
the
delinquent child no
longer
is a juvenile
offender registrant
and no longer has a
duty to
comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the
Revised Code, or an order
that contains a determination that the delinquent child no longer
is a juvenile offender registrant and no longer has a duty to
comply with sections 2950.041, 2950.05, and 2950.06 of the Revised
Code. An order issued under division (A)(2)(b) of this section
also terminates all prior determinations that the child is a tier
I sex offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender, whichever is applicable. Division
(A)(2)(b) of this section does not apply to a prior order issued
under section 2152.82 or division (A) of section 2152.83 of the
Revised Code.
(c) If the prior order was issued under section 2152.82 or division (A) or (B) of section 2152.83 of the Revised Code, enter an order that continues the classification of the delinquent child as a juvenile offender registrant made in the prior order issued under section 2152.82 or division (A) or (B) of section 2152.83 of the Revised Code, and that modifies the prior determination made at the hearing held pursuant to section 2152.831 of the Revised Code that the child is a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender, whichever is applicable. An order issued under division (A)(2)(c) of this section shall not include a determination that increases to a higher tier the tier classification of the delinquent child. An order issued under division (A)(2)(c) of this section shall specify the new determination made by the court at a hearing held pursuant to division (A)(1) of this section as to whether the child is a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender, whichever is applicable.
(B)(1) If a judge issues an order under division (A)(2)(a) of
this section that continues the prior classification of the
delinquent child as a juvenile offender registrant and any sexual
predator or habitual sex offender the prior determination included
in
the order, or that continues the prior classification of the
delinquent child as a juvenile offender registrant and any
child-victim predator or habitual child-victim offender
determination included in the order that the child is a tier I sex
offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender, whichever is applicable, the prior
classification and the prior determination,
if applicable, shall
remain in effect.
(2) A judge may issue an order under division (A)(2)(c) of
this
section that contains a determination that reclassifies a
child no longer is a sexual predator or no longer is a
child-victim predator only if the judge, in accordance with the
procedures specified in division (D)(1) of section 2950.09 of the
Revised Code regarding a sexual predator, determines at the
hearing by clear and convincing
evidence that the delinquent child
is unlikely to commit a
sexually oriented offense in the future,
or the judge, in accordance with the procedures specified in
division (D)(1) of section 2950.091 of the Revised Code regarding
a child-victim predator, determines at the hearing by clear and
convincing evidence that the delinquent child is unlikely to
commit a child-victim oriented offense in the future. If the judge
issues an
order of that type, the judge shall provide the
notifications
described in division (D)(1) of section 2950.09 or
2950.091 of the Revised
Code, whichever is applicable, and the
recipient of the notification shall comply with the
provisions of
that division from a tier III sex offender/child-victim offender
classification to a tier II sex offender/child-victim offender
classification or to a
tier I sex offender/child-victim offender
classification.
A judge may issue an order under division (A)(2)(c) of this section that contains a determination that reclassifies a child from a tier II sex offender/child-victim offender classification. A judge may not issue an order under that division that contains a determination that reclassifies a child from a tier II sex offender/child-victim offender classification to a tier III sex offender/child-victim offender classification.
A judge may not issue an order under division (A)(2)(c) of this section that contains a determination that reclassifies a child from a tier I sex offender/child-victim offender classification to a tier II sex offender/child-victim offender classification or to a tier III sex offender/child-victim offender classification.
If a judge issues an order under this division that contains a determination that reclassifies a child, the judge shall provide a copy of the order to the delinquent child and the bureau of criminal identification and investigation, and the bureau, upon receipt of the copy of the order, promptly shall notify the sheriff with whom the child most recently registered under section 2950.04 or 2950.041 of the Revised Code of the determination and reclassification.
(3) If a judge issues an order under division (A)(2)(b) of
this
section that otherwise reclassifies declassifies the
delinquent child as a juvenile offender registrant, the
judge
shall provide a copy of the order to the bureau of criminal
identification and investigation, and the bureau, upon receipt of
the copy of the order, promptly shall notify the sheriff with whom
the child most recently registered under section 2950.04 or
2950.041 of the
Revised Code of the reclassification
declassification.
(C) If a judge issues an order under any provision of
division (A)(2)(a), (b), or (c) of this section, the judge shall
provide
to the
delinquent child and to the delinquent child's
parent,
guardian,
or custodian a copy of the order and, if
applicable, a notice containing
the
information described in
divisions (A) and
(B) of section 2950.03
of the Revised Code. The
judge shall
provide the notice at the
time of the issuance of the
order and shall comply
with divisions (B)
and (C)
of that section
regarding
that notice and the provision of it.
(D) In making a decision under division (A) of this section,
a judge shall consider all
relevant factors, including,
but not
limited to,
the factors listed in division (E) of section 2152.83
of
the Revised Code.
(E) An order issued under division (A)(2)(a) or (c) of this
section
and any determinations included in the order shall remain
in
effect for the period of time specified in
section 2950.07 of
the
Revised Code, subject to a modification or
termination of the
order under section 2152.85 of the Revised
Code, and section
2152.851 of the Revised Code applies regarding the order and the
determinations. If an order is
issued under division (A)(2)(a) or
(c) of
this section, the child's
attainment of eighteen or
twenty-one
years of age does not affect
or terminate the order,
and the order
remains in effect for the
period of time described
in this
division.
(E) The provisions of this section do not apply to a delinquent child who is classified as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant pursuant to section 2152.86 of the Revised Code.
Sec. 2152.85. (A) Upon Regardless of when the delinquent
child was classified a juvenile offender registrant, upon the
expiration of the
applicable
period of time specified in division
(B)(1) or, (2), or
(3) of this
section, a delinquent child who
has been classified
pursuant to
this section or section 2152.82
or 2152.83 of
the
Revised Code a
juvenile
offender
registrant
may
petition
the
judge who made
the classification, or that
judge's
successor
in
office, to do one
of the following:
(1) If the order containing the juvenile offender
registrant
classification also includes a determination by the
juvenile court
judge that the delinquent child is a sexual
predator or
child-victim predator in the manner
described in
section 2152.82
or 2152.83 of the Revised Code and
that
determination remains in
effect, to enter, as applicable, an order that
contains a
determination that the child no longer is a sexual
predator, the
reason or reasons for that determination, and
either a
determination that the
child is a
habitual sex offender or a
determination that the child
remains a
juvenile offender
registrant but is not a sexual
predator or
habitual sex offender,
or an order that contains a determination that the child no longer
is a child-victim predator, the reason or reasons for that
determination, and either a determination that the child is a
habitual child-victim offender or a determination that the child
remains a juvenile offender registrant but is not a child-victim
predator or habitual child-victim offender tier III sex
offender/child-victim offender, to enter, as applicable, an order
that contains a determination that reclassifies the child as
either a tier II sex offender/child-victim offender or a tier I
sex offender/child-victim offender, the reason or reasons for that
reclassification, and a determination that the child remains a
juvenile offender registrant, or an order that contains a
determination that the child no longer is a juvenile offender
registrant and no longer has a duty to comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;
(2) If the order containing the juvenile offender
registrant
classification under section 2152.82 or 2152.83 of the
Revised
Code or under division (C)(2) of this section pursuant to
a
petition filed under division (A) of this section does not
include
a sexual predator or child-victim predator
determination as
described in division
(A)(1) of this section but
includes a
determination by the
juvenile court judge that the
delinquent
child is a habitual sex
offender or a habitual child-victim
offender in the manner
described in section 2152.82 or 2152.83 of
the Revised Code, or in
this section, and that determination
remains in effect, to enter, as applicable,
an order that contains
a determination
that the child no longer is
a habitual sex
offender and either a
determination that the child remains a
juvenile
offender
registrant or a determination that the child no
longer is a
juvenile offender registrant and no longer has a duty
to
comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code, or an order that contains a determination that the
child no longer is a habitual child-victim offender and either a
determination that the child remains a juvenile offender
registrant or also includes a determination by the juvenile court
judge that the delinquent child is a tier II sex
offender/child-victim offender, to enter, as applicable, an order
that contains a determination that reclassifies the child as a
tier I sex offender/child-victim offender, the reason or reasons
for that reclassification, and a determination that the child
remains a juvenile offender registrant, or an order that contains
a determination that the child no longer is a juvenile offender
registrant and no longer has a duty to comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;
(3) If the order containing the juvenile offender
registrant
classification under section 2152.82 or 2152.83 of the
Revised
Code or under division (C)(2) of this section pursuant to
a
petition filed under division (A) of this section does not
include
a sexual predator or child-victim predator determination or a
habitual sex offender or habitual child-victim offender
determination
as described in division
(A)(1) or (2) of this
section also includes a determination by the juvenile court judge
that the delinquent child is a tier I sex offender/child-victim
offender, to enter, as applicable,
an order that contains a
determination that the child no longer is
a juvenile offender
registrant and no longer has a duty to
comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, or an
order that contains a determination that the child no longer is a
juvenile offender registrant and no longer has a duty to comply
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code.
(B) A delinquent child who has been adjudicated a delinquent
child for committing on or after
January 1, 2002, a sexually
oriented offense that is not a registration-exempt sexually or a
child-victim oriented offense
and who has been classified
a
juvenile offender registrant
relative to that offense or who has
been adjudicated a delinquent
child for committing on or after
that date a child-victim oriented
offense and who has been
classified a juvenile offender registrant
relative to that
offense may file a petition under
division (A) of
this
section
requesting reclassification or
declassification as
described in
that division after the
expiration of one of the
following periods
of time:
(1) The delinquent child initially may file a petition not earlier than three years after the entry of the juvenile court judge's order after the mandatory hearing conducted under section 2152.84 of the Revised Code.
(2) After the delinquent child's initial filing of a petition under division (B)(1) of this section, the child may file a second petition not earlier than three years after the judge has entered an order deciding the petition under division (B)(1) of this section.
(3) After the delinquent child's filing of a petition under division (B)(2) of this section, thereafter, the delinquent child may file a petition under this division upon the expiration of five years after the judge has entered an order deciding the petition under division (B)(2) of this section or the most recent petition the delinquent child has filed under this division.
(C) Upon the filing of a petition under divisions division
(A) and
(B) of this section, the judge may review the prior
classification
or
determination in question and, upon
consideration of all
relevant
factors and information, including,
but not limited to
the factors
listed in division (E)(D) of
section 2152.83 of the
Revised Code, the judge, in the judge's
discretion, shall do one
of the following:
(1) Enter an order denying the petition;
(2) Issue an
order that reclassifies or declassifies the
delinquent child, in
the requested manner specified in division
(A)(1), (2), or (3) of
this section.
(D) If a judge issues an order under division (C)(1) of this
section that denies a petition, the prior classification of the
delinquent child as a juvenile offender registrant, and the
prior
determination that the child is a sexual predator, child-victim
predator,
habitual sex offender, or habitual child-victim
offender, if tier I sex offender/child-victim offender, a tier II
sex offender/child-victim offender, or a tier III sex
offender/child-victim offender, whichever is applicable, shall
remain in effect.
A judge may issue an order under division (C)(2) of this
section
that contains a determination that a child no longer is a
sexual
predator or no longer is a child-victim predator only if
the judge conducts a hearing and, in accordance
with the
procedures specified in division (D)(1) of section
2950.09 of the
Revised Code regarding a sexual predator, determines at the
hearing by clear
and convincing evidence that the delinquent child
is unlikely to
commit a sexually oriented offense in the future,
or, in accordance with the procedures specified in division (D)(1)
of section 2950.091 of the Revised Code regarding a child-victim
predator, determines at the hearing by clear and convincing
evidence that the delinquent child is unlikely to commit a
child-victim oriented offense in the future. If the judge
issues
an order of that type, the judge shall provide the
notifications
described in division (D)(1) of section 2950.09 or 2950.091 of
the
Revised Code, whichever is applicable, and the recipient of the
notification shall
comply with the provisions of that division
reclassifies a child from a tier III sex offender/child-victim
offender classification to a tier II sex offender/child-victim
offender classification or to a tier I
sex offender/child-victim
offender classification.
A judge may issue an order under division (C)(2) of this section that contains a determination that reclassifies a child from a tier II sex offender/child-victim offender classification to a tier I sex offender/child-victim offender classification.
If a judge issues an order under this division that contains a determination that reclassifies a child, the judge shall provide a copy of the order to the delinquent child and the bureau of criminal identification and investigation, and the bureau, upon receipt of the copy of the order, promptly shall notify the sheriff with whom the child most recently registered under section 2950.04 or 2950.041 of the Revised Code of the determination and reclassification.
A judge may issue an order under division (C) of this section
that contains a determination that a delinquent child is a
habitual sex offender or a habitual child-victim offender only if
the judge conducts a hearing and
determines at the hearing as
described in division (E) of section
2950.09 of the Revised Code
regarding habitual sex offenders or division (E) of section
2950.091 of the Revised Code regarding habitual child-victim
offenders that the child is a habitual sex
offender or a habitual
child-victim offender. If the judge issues an order that contains
a
determination that a delinquent child is a habitual sex offender
or a habitual child-victim offender,
the judge may impose a
requirement subjecting the child to
community notification
provisions as described in that division.
If a judge issues an order under division (C)(2) of this section that declassifies the delinquent child, the order also terminates all prior determinations that the child is a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender, whichever is applicable. If a judge issues an order under division (C)(2) of this section that declassifies the delinquent child, the judge shall provide a copy of the order to the bureau of criminal identification and investigation, and the bureau, upon receipt of a copy of the order, promptly shall notify the sheriff with whom the child most recently registered under section 2950.04 or 2950.041 of the Revised Code of the declassification.
(E) If a judge issues an order under division (C)(1) or (2) of this section, the judge shall provide to the delinquent child and to the delinquent child's parent, guardian, or custodian a copy of the order and, if applicable, a notice containing the information described in divisions (A) and (B) of section 2950.03 of the Revised Code. The judge shall provide the notice at the time of the issuance of the order and shall comply with divisions (B) and (C) of that section regarding that notice and the provision of it.
(F) An order issued under division (C) of this section shall
remain in effect for the period of time specified in section
2950.07 of the Revised Code, subject to a further modification or
a future termination of the order under this section, and section
2152.851 of the Revised Code applies regarding the order and the
determinations. If an order is
issued under division (C) of this
section, the child's attainment
of eighteen or twenty-one years of
age does not affect or
terminate the order, and the order remains
in effect for the
period of time described in this division.
(G) The provisions of this section do not apply to a delinquent child who is classified as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant pursuant to section 2152.86 of the Revised Code.
Sec. 2152.851. (A) If, prior to the effective date of this
section January 1, 2008, a judge issues an order under section
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that
classifies a delinquent child a juvenile offender registrant based
on an adjudication for a sexually oriented offense or a
child-victim oriented offense as those terms were defined in
section 2950.01 of the Revised Code prior to January 1, 2008, and
if, on and after the effective date of this section January 1,
2008, the sexually oriented offense upon which the order was based
no longer is considered a sexually oriented offense but instead is
or a child-victim oriented offense as those terms are defined in
section 2950.01 of the Revised Code on and after January 1, 2008,
notwithstanding the redesignation of the offense changes to
sections 2152.82, 2152.83, 2152.84, and 2152.85 of the Revised
Code made on January 1, 2008, on and after that date, the order
shall remain in effect for the period described in the section
under which it was issued, the order shall be considered for all
purposes to be an order that classifies the child a juvenile
offender registrant, division (A)(2)(b) of section 2950.041 of the
Revised Code applies regarding the child as that section exists on
and after January 1, 2008, subject to subsequent modification or
termination under section 2152.84, 2152.85, or 2950.15 of the
Revised Code, or, if division (A)(3) of section 2152.86 of the
Revised Code applies regarding the child, for the period described
in division (C) of that section subject to modification or
termination under section 2152.84, 2152.85, or 2950.15 of the
Revised Code, whichever is applicable, and the duty to register
imposed pursuant to that division comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code on and after
January 1, 2008, shall be considered, for purposes of section
2950.07 of the Revised Code and for all other purposes, to be a
continuation of the duty imposed upon the child prior to the
effective date of this section January 1, 2008, under the order
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and
Chapter 2950. of the Revised Code.
(B) If an order of the type described in division (A) of this
section included a classification or determination that the
delinquent child was a sexual predator or habitual sex offender,
notwithstanding the redesignation of the offense upon which the
determination was based, all of the following apply:
(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section
2950.091 of the Revised Code apply regarding the child and the
judge's order made prior to the effective date of this section
shall be considered for all purposes to be an order that
classifies the child as described in those divisions;
(2) The child's classification or determination under
divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 of
the Revised Code shall be considered, for purposes of section
2950.07 of the Revised Code and for all other purposes, to be a
continuation of classification or determination made prior to the
effective date of this section;
(3) The child's duties under Chapter 2950. of the Revised
Code relative to that classification or determination shall be
considered for all purposes to be a continuation of the duties
related to that classification or determination as they existed
prior to the effective date of this section.
Sec. 2152.86. (A)(1) The court that, on or after January 1, 2008, adjudicates a child a delinquent child for committing an act shall issue as part of the dispositional order an order that classifies the child a juvenile offender registrant, specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and additionally classifies the child a public registry-qualified juvenile offender registrant if the child was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the act, the court imposed on the child a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code, and the child is adjudicated a delinquent child for committing, attempting to commit, conspiring to commit, or complicity in committing any of the following acts:
(a) A violation of section 2907.02 of the Revised Code, division (B) of section 2907.05 of the Revised Code, or section 2907.03 of the Revised Code if the victim of the violation was less than twelve years of age;
(b) A violation of section 2903.01, 2903.02, or 2905.01 of the Revised Code that was committed with a purpose to gratify the sexual needs or desires of the child.
(2) Upon a child's release, on or after January 1, 2008, from the department of youth services, the court shall issue an order that classifies the child a juvenile offender registrant, specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and additionally classifies the child a public registry-qualified juvenile offender registrant if all of the following apply:
(a) The child was adjudicated a delinquent child, and a juvenile court imposed on the child a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code for committing one of the acts described in division (A)(1)(a) or (b) of this section.
(b) The child was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the act.
(c) The court did not issue an order classifying the child as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant pursuant to division (A)(1) of this section.
(3) If a court issued an order classifying a child a juvenile offender registrant pursuant to section 2152.82 or 2152.83 of the Revised Code prior to January 1, 2008, not later than February 1, 2008, the court shall issue a new order that reclassifies the child as a juvenile offender registrant, specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and additionally classifies the child a public registry-qualified juvenile offender registrant if all of the following apply:
(a) The sexually oriented offense that was the basis of the previous order that classified the child a juvenile offender registrant was an act described in division (A)(1)(a) or (b) of this section.
(b) The child was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the act.
(c) The court imposed on the child a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code for the act described in division (A)(1)(a) or (b) of this section.
(B)(1) If an order is issued under division (A)(1), (2), or (3) of this section, the classification of tier III sex offender/child-victim offender automatically applies to the delinquent child based on the sexually oriented offense the child committed, subject to a possible reclassification pursuant to division (D) of this section for a child whose delinquent act was committed prior to January 1, 2008. If an order is issued under division (A)(2) of this section regarding a child whose delinquent act described in division (A)(1)(a) or (b) of this section was committed prior to January 1, 2008, or if an order is issued under division (A)(3) of this section regarding a delinquent child, the order shall inform the child and the child's parent, guardian, or custodian, that the child has a right to a hearing as described in division (D) of this section and inform the child and the child's parent, guardian, or custodian of the procedures for requesting the hearing and the period of time within which the request for the hearing must be made. Section 2152.831 of the Revised Code does not apply regarding an order issued under division (A)(1), (2), or (3) of this section.
(2) The judge that issues an order under division (A)(1), (2), or (3) of this section shall provide to the delinquent child who is the subject of the order and to the delinquent child's parent, guardian, or custodian the notice required under divisions (A) and (B) of section 2950.03 of the Revised Code and shall provide as part of that notice a copy of the order required under division (A)(1), (2), or (3) of this section. The judge shall include the order in the delinquent child's dispositional order and shall specify in the dispositional order that the order issued under division (A)(1), (2), or (3) of this section was made pursuant to this section.
(C) An order issued under division (A)(1), (2), or (3) of this section shall remain in effect for the period of time specified in section 2950.07 of the Revised Code as it exists on and after January 1, 2008, subject to a judicial termination of that period of time as provided in section 2950.15 of the Revised Code, subject to a possible reclassification of the child pursuant to division (D) of this section if the child's delinquent act was committed prior to January 1, 2008. If an order is issued under division (A)(1), (2), or (3) of this section, the child's attainment of eighteen or twenty-one years of age does not affect or terminate the order, and the order remains in effect for the period of time described in this division. If an order is issued under division (A)(3) of this section, the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code based upon that order shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty to comply with those sections imposed upon the child prior to January 1, 2008, under the order issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and Chapter 2950. of the Revised Code.
(D)(1) If an order is issued under division (A)(2) of this section regarding a delinquent child whose delinquent act described in division (A)(1)(a) or (b) of this section was committed prior to January 1, 2008, or if an order is issued under division (A)(3) of this section regarding a delinquent child, except as otherwise provided in this division, the child may request as a matter of right a court hearing to contest the court's classification in the order of the child as a public registry-qualified juvenile offender registrant. To request the hearing, not later than the date that is sixty days after the delinquent child is provided with the copy of the order, the delinquent child shall file a petition with the juvenile court that issued the order.
If the delinquent child requests a hearing by timely filing a petition with the juvenile court, the delinquent child shall serve a copy of the petition on the prosecutor who handled the case in which the delinquent child was adjudicated a delinquent child for committing the sexually oriented offense or child-victim oriented offense that resulted in the delinquent child's registration duty under section 2950.04 or 2950.041 of the Revised Code. The prosecutor shall represent the interest of the state in the hearing. In any hearing under this division, the Rules of Juvenile Procedure apply except to the extent that those Rules would by their nature be clearly inapplicable. The court shall schedule a hearing and shall provide notice to the delinquent child and the delinquent child's parent, guardian, or custodian and to the prosecutor of the date, time, and place of the hearing.
If the delinquent child requests a hearing in accordance with this division, until the court issues its decision at or subsequent to the hearing, the delinquent child shall comply with Chapter 2950. of the Revised Code as it exists on and after January 1, 2008. If a delinquent child requests a hearing in accordance with this division, at the hearing, all parties are entitled to be heard, and the court shall consider all relevant information and testimony presented relative to the issue of whether the child should be classified a public registry-qualified juvenile offender registrant. Notwithstanding the court's classification of the delinquent child as a public registry-qualified juvenile offender registrant, the court may terminate that classification if it determines by clear and convincing evidence that the classification is in error.
If the court decides to terminate the court's classification of the delinquent child as a public registry-qualified juvenile offender registrant, the court shall issue an order that specifies that it has determined that the child is not a public registry-qualified juvenile offender registrant and that it has terminated the court's classification of the delinquent child as a public registry-qualified juvenile offender registrant. The court promptly shall serve a copy of the order upon the sheriff with whom the delinquent child most recently registered under section 2950.04 or 2950.041 of the Revised Code and upon the bureau of criminal identification and investigation. The delinquent child and the prosecutor have the right to appeal the decision of the court issued under this division.
If the delinquent child fails to request a hearing in accordance with this division within the applicable sixty-day period specified in this division, the failure constitutes a waiver by the delinquent child of the delinquent child's right to a hearing under this division, and the delinquent child is bound by the court's classification of the delinquent child as a public registry-qualified juvenile offender registrant.
(2) An order issued under division (D)(1) of this section is independent of any order of a type described in division (F) of section 2950.031 of the Revised Code or division (E) of section 2950.032 of the Revised Code, and the court may issue an order under both division (D)(1) of this section and an order of a type described in division (F) of section 2950.031 of the Revised Code or division (E) of section 2950.032 of the Revised Code. A court that conducts a hearing under division (D)(1) of this section may consolidate that hearing with a hearing conducted for the same delinquent child under division (F) of section 2950.031 of the Revised Code or division (E) of section 2950.032 of the Revised Code.
Sec. 2743.191. (A)(1) There is hereby created in the state treasury the reparations fund, which shall be used only for the following purposes:
(a) The payment of awards of reparations that are granted by the attorney general;
(b) The compensation of any personnel needed by the attorney general to administer sections 2743.51 to 2743.72 of the Revised Code;
(c) The compensation of witnesses as provided in division (J) of section 2743.65 of the Revised Code;
(d) Other administrative costs of hearing and determining claims for an award of reparations by the attorney general;
(e) The costs of administering sections 2907.28 and 2969.01 to 2969.06 of the Revised Code;
(f) The costs of investigation and decision-making as certified by the attorney general;
(g) The provision of state financial assistance to victim assistance programs in accordance with sections 109.91 and 109.92 of the Revised Code;
(h) The costs of paying the expenses of sex offense-related examinations and antibiotics pursuant to section 2907.28 of the Revised Code;
(i) The cost of printing and distributing the pamphlet prepared by the attorney general pursuant to section 109.42 of the Revised Code;
(j) Subject to division (D) of section 2743.71 of the Revised Code, the costs associated with the printing and providing of information cards or other printed materials to law enforcement agencies and prosecuting authorities and with publicizing the availability of awards of reparations pursuant to section 2743.71 of the Revised Code;
(k) The payment of costs of administering a DNA specimen collection procedure pursuant to sections 2152.74 and 2901.07 of the Revised Code, of performing DNA analysis of those DNA specimens, and of entering the resulting DNA records regarding those analyses into the DNA database pursuant to section 109.573 of the Revised Code;
(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's
supervision pursuant to division (E) of section 2971.05 of the
Revised Code of sexually violent predators who are sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code, and of offenders who are sentenced to a prison term
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of that section for a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code, and of offenders who are sentenced to a prison term pursuant
to division (B)(2)(a), (b), or (c) of section 2971.03 of the
Revised Code for attempted rape and a specification of the type
described in section 2941.1418, 2941.1419, 2941.1420 of the
Revised Code.
(2) All costs paid pursuant to section 2743.70 of the Revised Code, the portions of license reinstatement fees mandated by division (F)(2)(b) of section 4511.191 of the Revised Code to be credited to the fund, the portions of the proceeds of the sale of a forfeited vehicle specified in division (C)(2) of section 4503.234 of the Revised Code, payments collected by the department of rehabilitation and correction from prisoners who voluntarily participate in an approved work and training program pursuant to division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all moneys collected by the state pursuant to its right of subrogation provided in section 2743.72 of the Revised Code shall be deposited in the fund.
(B) In making an award of reparations, the attorney general shall render the award against the state. The award shall be accomplished only through the following procedure, and the following procedure may be enforced by writ of mandamus directed to the appropriate official:
(1) The attorney general shall provide for payment of the claimant or providers in the amount of the award only if the amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available unencumbered moneys in the fund.
(3) If sufficient unencumbered moneys do not exist in the fund, the attorney general shall make application for payment of the award out of the emergency purposes account or any other appropriation for emergencies or contingencies, and payment out of this account or other appropriation shall be authorized if there are sufficient moneys greater than the sum total of then pending emergency purposes account requests or requests for releases from the other appropriations.
(4) If sufficient moneys do not exist in the account or any other appropriation for emergencies or contingencies to pay the award, the attorney general shall request the general assembly to make an appropriation sufficient to pay the award, and no payment shall be made until the appropriation has been made. The attorney general shall make this appropriation request during the current biennium and during each succeeding biennium until a sufficient appropriation is made. If, prior to the time that an appropriation is made by the general assembly pursuant to this division, the fund has sufficient unencumbered funds to pay the award or part of the award, the available funds shall be used to pay the award or part of the award, and the appropriation request shall be amended to request only sufficient funds to pay that part of the award that is unpaid.
(C) The attorney general shall not make payment on a decision or order granting an award until all appeals have been determined and all rights to appeal exhausted, except as otherwise provided in this section. If any party to a claim for an award of reparations appeals from only a portion of an award, and a remaining portion provides for the payment of money by the state, that part of the award calling for the payment of money by the state and not a subject of the appeal shall be processed for payment as described in this section.
(D) The attorney general shall prepare itemized bills for the costs of printing and distributing the pamphlet the attorney general prepares pursuant to section 109.42 of the Revised Code. The itemized bills shall set forth the name and address of the persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.
Sec. 2901.07. (A) As used in this section:
(1) "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.
(2) "Jail" and "community-based correctional facility" have the same meanings as in section 2929.01 of the Revised Code.
(3) "Post-release control" has the same meaning as in section 2967.01 of the Revised Code.
(B)(1) Regardless of when the conviction occurred or the guilty plea was entered, a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense and who is sentenced to a prison term or to a community residential sanction in a jail or community-based correctional facility for that offense pursuant to section 2929.16 of the Revised Code, and a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a misdemeanor offense listed in division (D) of this section and who is sentenced to a term of imprisonment for that offense shall submit to a DNA specimen collection procedure administered by the director of rehabilitation and correction or the chief administrative officer of the jail or other detention facility in which the person is serving the term of imprisonment. If the person serves the prison term in a state correctional institution, the director of rehabilitation and correction shall cause the DNA specimen to be collected from the person during the intake process at the reception facility designated by the director. If the person serves the community residential sanction or term of imprisonment in a jail, a community-based correctional facility, or another county, multicounty, municipal, municipal-county, or multicounty-municipal detention facility, the chief administrative officer of the jail, community-based correctional facility, or detention facility shall cause the DNA specimen to be collected from the person during the intake process at the jail, community-based correctional facility, or detention facility. The DNA specimen shall be collected in accordance with division (C) of this section.
(2) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section, is serving a prison term, community residential sanction, or term of imprisonment for that offense, and does not provide a DNA specimen pursuant to division (B)(1) of this section, prior to the person's release from the prison term, community residential sanction, or imprisonment, the person shall submit to, and the director of rehabilitation and correction or the chief administrative officer of the jail, community-based correctional facility, or detention facility in which the person is serving the prison term, community residential sanction, or term of imprisonment shall administer, a DNA specimen collection procedure at the state correctional institution, jail, community-based correctional facility, or detention facility in which the person is serving the prison term, community residential sanction, or term of imprisonment. The DNA specimen shall be collected in accordance with division (C) of this section.
(3)(a) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section and the person is on probation, released on parole, under transitional control, on community control, on post-release control, or under any other type of supervised release under the supervision of a probation department or the adult parole authority for that offense, the person shall submit to a DNA specimen collection procedure administered by the chief administrative officer of the probation department or the adult parole authority. The DNA specimen shall be collected in accordance with division (C) of this section. If the person refuses to submit to a DNA specimen collection procedure as provided in this division, the person may be subject to the provisions of section 2967.15 of the Revised Code.
(b) If a person to whom division (B)(3)(a) of this section applies is sent to jail or is returned to a jail, community-based correctional facility, or state correctional institution for a violation of the terms and conditions of the probation, parole, transitional control, other release, or post-release control, if the person was or will be serving a term of imprisonment, prison term, or community residential sanction for committing a felony offense or for committing a misdemeanor offense listed in division (D) of this section, and if the person did not provide a DNA specimen pursuant to division (B)(1), (2) or (3)(a) of this section, the person shall submit to, and the director of rehabilitation and correction or the chief administrative officer of the jail or community-based correctional facility shall administer, a DNA specimen collection procedure at the jail, community-based correctional facility, or state correctional institution in which the person is serving the term of imprisonment, prison term, or community residential sanction. The DNA specimen shall be collected from the person in accordance with division (C) of this section.
(4) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section, the person is not sentenced to a prison term, a community residential sanction in a jail or community-based correctional facility, a term of imprisonment, or any type of supervised release under the supervision of a probation department or the adult parole authority, and the person does not provide a DNA specimen pursuant to division (B)(1), (2), (3)(a), or (3)(b) of this section, the sentencing court shall order the person to report to the county probation department immediately after sentencing to submit to a DNA specimen collection procedure administered by the chief administrative officer of the county probation office. If the person is incarcerated at the time of sentencing, the person shall submit to a DNA specimen collection procedure administered by the director of rehabilitation and correction or the chief administrative officer of the jail or other detention facility in which the person is incarcerated. The DNA specimen shall be collected in accordance with division (C) of this section.
(C) If the DNA specimen is collected by withdrawing blood from the person or a similarly invasive procedure, a physician, registered nurse, licensed practical nurse, duly licensed clinical laboratory technician, or other qualified medical practitioner shall collect in a medically approved manner the DNA specimen required to be collected pursuant to division (B) of this section. If the DNA specimen is collected by swabbing for buccal cells or a similarly noninvasive procedure, this section does not require that the DNA specimen be collected by a qualified medical practitioner of that nature. No later than fifteen days after the date of the collection of the DNA specimen, the director of rehabilitation and correction or the chief administrative officer of the jail, community-based correctional facility, or other county, multicounty, municipal, municipal-county, or multicounty-municipal detention facility, in which the person is serving the prison term, community residential sanction, or term of imprisonment shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation in accordance with procedures established by the superintendent of the bureau under division (H) of section 109.573 of the Revised Code. The bureau shall provide the specimen vials, mailing tubes, labels, postage, and instructions needed for the collection and forwarding of the DNA specimen to the bureau.
(D) The director of rehabilitation and correction, the chief administrative officer of the jail, community-based correctional facility, or other county, multicounty, municipal, municipal-county, or multicounty-municipal detention facility, or the chief administrative officer of a county probation department or the adult parole authority shall cause a DNA specimen to be collected in accordance with divisions (B) and (C) of this section from a person in its custody or under its supervision who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any felony offense or any of the following misdemeanor offenses:
(1) A misdemeanor violation, an attempt to commit a misdemeanor violation, or complicity in committing a misdemeanor violation of section 2907.04 of the Revised Code;
(2) A misdemeanor violation of any law that arose out of the same facts and circumstances and same act as did a charge against the person of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that previously was dismissed or amended or as did a charge against the person of a violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996, that previously was dismissed or amended;
(3) A misdemeanor violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had it been committed prior to that date;
(4) A sexually oriented offense or a child-victim oriented
offense, both as defined in section
2950.01 of the
Revised Code,
that is a misdemeanor, if, in relation to that offense, the
offender
has been adjudicated a sexual predator, child-victim
predator, habitual sex offender, or habitual is a tier III sex
offender/child-victim offender, all as
defined in
section 2950.01
of the Revised Code.
(E) The director of rehabilitation and correction may prescribe rules in accordance with Chapter 119. of the Revised Code to collect a DNA specimen, as provided in this section, from an offender whose supervision is transferred from another state to this state in accordance with the interstate compact for adult offender supervision described in section 5149.21 of the Revised Code.
Sec. 2903.211. (A)(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(2) No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A)(1) of this section.
(3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.
(B) Whoever violates this section is guilty of menacing by stalking.
(1) Except as otherwise provided in divisions (B)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree.
(2) Menacing by stalking is a felony of the fourth degree if any of the following applies:
(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of section 2911.211 of the Revised Code.
(b) In committing the offense
under division (A)(1) or, (2),
or (3)
of this section, the offender made a threat of
physical
harm to or
against the victim, or as a result of an offense
committed under
division (A)(2) or (3) of this section, a third
person induced by the
offender's posted message made a threat of
physical harm to or
against the victim.
(c) In committing the offense
under division (A)(1) or, (2),
or (3)
of this section, the offender trespassed on
the land or
premises
where the victim lives, is employed, or
attends
school,
or as a
result of an offense committed under division (A)(2) or
(3) of this
section, a third person induced by the offender's
posted message
trespassed on the land or premises where the victim
lives, is
employed, or attends school.
(d) The victim of the offense is a minor.
(e) The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.
(f) While committing the offense under division (A)(1) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(1) of this section, the offender had a deadly weapon on or about the offender's person or under the offender's control. Division (B)(2)(f) of this section does not apply in determining the penalty for a violation of division (A)(2) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(2) of this section.
(g) At the time of the commission of the offense, the offender was the subject of a protection order issued under section 2903.213 or 2903.214 of the Revised Code, regardless of whether the person to be protected under the order is the victim of the offense or another person.
(h) In committing the offense
under division (A)(1) or, (2),
or (3)
of this section, the offender caused serious
physical harm
to
the
premises at which the victim resides, to the
real property
on
which that
premises is located, or to any
personal property
located on that premises, or, as a result of an offense committed
under division (A)(2) of this section or an offense committed
under division (A)(3) of this section based on a violation of
division (A)(2) of this section, a third person induced by
the
offender's posted message caused serious physical harm to that
premises, that real property, or any personal property on that
premises.
(i) Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness.
(3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing by stalking is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.
(C) Section 2919.271 of the Revised Code applies in relation to a defendant charged with a violation of this section.
(D) As used in this section:
(1) "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official's, firefighter's, rescuer's, emergency medical services person's, or emergency facility person's official capacity, or the posting of messages or receipt of information or data through the use of an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a "pattern of conduct."
(2) "Mental distress" means any of the following:
(a) Any mental illness or condition that involves some temporary substantial incapacity;
(b) Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services.
(3) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.
(4) "Emergency facility person" is the singular of "emergency facility personnel" as defined in section 2909.04 of the Revised Code.
(5) "Public official" has the same meaning as in section 2921.01 of the Revised Code.
(6) "Computer," "computer network," "computer program," "computer system," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.
(7) "Post a message" means transferring, sending, posting, publishing, disseminating, or otherwise communicating, or attempting to transfer, send, post, publish, disseminate, or otherwise communicate, any message or information, whether truthful or untruthful, about an individual, and whether done under one's own name, under the name of another, or while impersonating another.
(8) "Third person" means, in relation to conduct as described in division (A)(2) of this section, an individual who is neither the offender nor the victim of the conduct.
(9) "Sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
(E) The state does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in division (D)(2)(b) of this section.
(F)(1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section.
(2) Division (F)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.
(3) Division (F)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.
Sec. 2905.01. (A) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall remove another from the place where the other person is found or restrain the liberty of the other person, for any of the following purposes:
(1) To hold for ransom, or as a shield or hostage;
(2) To facilitate the commission of any felony or flight thereafter;
(3) To terrorize, or to inflict serious physical harm on the victim or another;
(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the victim's will;
(5) To hinder, impede, or obstruct a function of government, or to force any action or concession on the part of governmental authority.
(B) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall knowingly do any of the following, under circumstances that create a substantial risk of serious physical harm to the victim or, in the case of a minor victim, under circumstances that either create a substantial risk of serious physical harm to the victim or cause physical harm to the victim:
(1) Remove another from the place where the other person is found;
(2) Restrain another of his the other person's liberty;
(3) Hold another in a condition of involuntary servitude.
(C) Whoever violates this section is guilty of kidnapping.
Except as otherwise provided in this division, kidnapping is
a
felony of the first degree. If Except as otherwise provided in
this division, if the offender
releases the victim in a safe place
unharmed, kidnapping is a felony of the
second degree. If the
victim of the offense is less than thirteen years of age and if
the offender also is convicted of or pleads guilty to a sexual
motivation specification that was included in the indictment,
count in the indictment, or information charging the offense,
kidnapping is a felony of the first degree, and, notwithstanding
the definite sentence provided for a felony of the first degree in
section 2929.14 of the Revised Code, the offender shall be
sentenced pursuant to section 2971.03 of the Revised Code as
follows:
(1) Except as otherwise provided in division (C)(2) of this section, the offender shall be sentenced pursuant to that section to an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment.
(2) If the offender releases the victim in a safe place unharmed, the offender shall be sentenced pursuant to that section to an indefinite term consisting of a minimum term of ten years and a maximum term of life imprisonment.
(D) As used in this section, "sexual motivation specification" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2905.02. (A) No person, without privilege to do so, shall knowingly do any of the following:
(1) By force or threat, remove another from the place where the other person is found;
(2) By force or threat, restrain the liberty of another
person, under circumstances
which that create a risk of physical
harm to the victim, or place the
other person in fear;
(3) Hold another in a condition of involuntary servitude.
(B) No person, with a sexual motivation, shall violate division (A) of this section.
(C) Whoever violates this section is guilty of abduction, a felony of the third degree.
(D) As used in this section, "sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2905.03. (A) No person, without privilege to do so,
shall knowingly
restrain another of his the other person's
liberty.
(B) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person's liberty.
(C) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree.
(D) As used in this section, "sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2905.05. (A) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle or onto any vessel, whether or not the offender knows the age of the child, if both of the following apply:
(1) The actor does not have the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity.
(2) The actor is not a law enforcement officer, medic, firefighter, or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of, any board of education, or the actor is any of such persons, but, at the time the actor undertakes the activity, the actor is not acting within the scope of the actor's lawful duties in that capacity.
(B) No person, with a sexual motivation, shall violate division (A) of this section.
(C) It is an affirmative defense to a charge under division (A) of this section that the actor undertook the activity in response to a bona fide emergency situation or that the actor undertook the activity in a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.
(C)(D) Whoever violates this section is guilty of criminal
child enticement, a misdemeanor of the first degree. If the
offender previously has been convicted of a violation
of this
section, section 2907.02, or 2907.03, or former section 2907.12 of
the
Revised Code,
or section 2905.01 or 2907.05 of the
Revised
Code when the victim
of that prior offense was under
seventeen
years of age at the time
of the offense, criminal child
enticement
is a felony of the fifth
degree.
(D)(E) As used in this section:
(1) "Sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
(2) "Vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(2)(3) "Vessel" has the same meaning as in section 1547.01 of
the Revised Code.
Sec. 2907.01. As used in sections 2907.01 to 2907.38 of the Revised Code:
(A) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(C) "Sexual activity" means sexual conduct or sexual contact, or both.
(D) "Prostitute" means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.
(E) "Harmful to juveniles" means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:
(1)
The material or performance, when
considered as a whole,
appeals to the prurient interest
in sex of
juveniles in sex.
(2) The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.
(F) When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply:
(1) Its dominant appeal is to prurient interest;
(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality;
(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose;
(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.
(G) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(H) "Nudity" means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(I) "Juvenile" means an unmarried person under the age of eighteen.
(J) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.
(K) "Performance" means any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.
(L) "Spouse" means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:
(1) When the parties have entered into a written separation agreement authorized by section 3103.06 of the Revised Code;
(2) During the pendency of an action between the parties for annulment, divorce, dissolution of marriage, or legal separation;
(3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.
(M) "Minor" means a person under the age of eighteen.
(N) "Mental health client or patient" has the same meaning as in section 2305.51 of the Revised Code.
(O) "Mental health professional" has the same meaning as in section 2305.115 of the Revised Code.
(P) "Sado-masochistic abuse" means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
Sec. 2907.02. (A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
(a) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.
(c) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
(2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.
(B) Whoever violates this section is guilty of
rape, a
felony
of the first degree. If the offender under
division
(A)(1)(a) of
this section
substantially impairs the other person's
judgment or
control by administering
any controlled substance
described in
section 3719.41 of the
Revised Code
to the other
person
surreptitiously or by force, threat of force, or
deception,
the
prison term imposed upon the offender shall be one of the
prison
terms prescribed for a felony of the first degree in
section
2929.14
of the Revised Code that is not less than five
years.
Except as otherwise provided in this division, notwithstanding
sections 2929.11 to 2929.14 of the Revised Code, an offender under
division (A)(1)(b) of this section
shall be sentenced to a prison
term or term of life imprisonment pursuant to section 2971.03 of
the Revised Code.
If an offender is convicted of or pleads guilty
to a violation of division (A)(1)(b) of this section, if the
offender was less than sixteen years of age at the time the
offender committed the violation of that division, and if the
offender during or immediately after the commission of the offense
did not cause serious physical harm to the victim, the victim was
ten years of age or older at the time of the commission of the
violation, and the offender has not previously been convicted of
or pleaded guilty to a violation of this section or a
substantially similar existing or former law of this state,
another state, or the United States, the court shall not sentence
the offender to a prison term or term of life imprisonment
pursuant to section 2971.03 of the Revised Code, and instead the
court shall sentence the offender as otherwise provided in this
division. If an offender under
division (A)(1)(b) of this section
previously
has been convicted
of or pleaded guilty to violating
division
(A)(1)(b) of this
section or to violating an existing or
former law of this state, another state,
or the United
States that
is substantially similar to division
(A)(1)(b) of this
section, if
the offender during or immediately after the
commission of the
offense caused serious physical harm to the
victim, or if the
victim under division (A)(1)(b) of this section is less than ten
years of age, in lieu of sentencing the offender to a prison term
or term of life imprisonment pursuant to section 2971.03 of the
Revised Code, the court may impose upon the offender a term of
life without parole. If the court imposes a term of life without
parole pursuant to this division, division (F) of section 2971.03
of the Revised Code applies, and the offender automatically is
classified a sexual predator tier III sex offender/child-victim
offender, as described in that division.
(C) A victim need not prove physical resistance to the offender in prosecutions under this section.
(D) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(E) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.
(F) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.
(G) It is not a defense to a charge under division (A)(2) of this section that the offender and the victim were married or were cohabiting at the time of the commission of the offense.
Sec. 2907.05. (A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.
(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.
(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(C) Whoever violates this section is guilty of gross sexual imposition.
(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance described in section 3719.41 of the Revised Code to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.
(2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this section is a felony of the third degree. Except as otherwise provided in this division, for gross sexual imposition committed in violation of division (A)(4) or (B) of this section there is a presumption that a prison term shall be imposed for the offense. The court shall impose on an offender convicted of gross sexual imposition in violation of division (A)(4) or (B) of this section a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the third degree if either of the following applies:
(a) Evidence other than the testimony of the victim was admitted in the case corroborating the violation;
(b) The offender previously was convicted of or pleaded
guilty to a violation of this section, rape, the former offense of
felonious sexual penetration, or sexual battery, and the victim of
the previous offense was under less than thirteen years of age.
(C)(D) A victim need not prove physical resistance to the
offender in prosecutions under this section.
(D)(E) Evidence of specific instances of the victim's sexual
activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be
admitted under this section unless it involves evidence of the
origin of semen, pregnancy, or disease, or the victim's past
sexual activity with the offender, and only to the extent that
the
court finds that the evidence is material to a fact at issue
in
the case and that its inflammatory or prejudicial nature does
not
outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(E)(F) Prior to taking testimony or receiving evidence of any
sexual activity of the victim or the defendant in a proceeding
under this section, the court shall resolve the admissibility of
the proposed evidence in a hearing in chambers, which shall be
held at or before preliminary hearing and not less than three
days
before trial, or for good cause shown during the trial.
(F)(G) Upon approval by the court, the victim may be
represented by counsel in any hearing in chambers or other
proceeding to resolve the admissibility of evidence. If the
victim
is indigent or otherwise is unable to obtain the services
of
counsel, the court, upon request, may appoint counsel to
represent
the victim without cost to the victim.
Sec. 2921.34. (A)(1) No person, knowing the person is under detention or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.
(2)(a) Division (A)(2)(b) of this section applies to any
person who is adjudicated a sexually violent predator and is
sentenced to a prison term pursuant to
division (A)(3) or (B) of
section 2971.03 of the Revised Code for the sexually violent
offense, to any person who is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after the effective date of this amendment
and is sentenced to a prison term pursuant to division (B)(1)(a),
(b), or (c) of section 2971.03 of the Revised Code for the
violation, and to any person who is convicted of or pleads guilty
to attempted rape committed on or after the effective date of this
amendment and a specification of the type described in section
2941.1418, 2941.1419, or 2941.1420 of the Revised Code and is
sentenced to a prison term pursuant to division (B)(2)(a), (b), or
(c) of section 2971.03 of the Revised Code for the attempted rape.
No
(b) No person to whom this division applies, for whom the requirement that the entire prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, and who, pursuant to that modification, is restricted to a geographic area, knowing that the person is under a geographic restriction or being reckless in that regard, shall purposely leave the geographic area to which the restriction applies or purposely fail to return to that geographic area following a temporary leave granted for a specific purpose or for a limited period of time.
(B) Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense to a charge under this section if the detention is pursuant to judicial order or in a detention facility. In the case of any other detention, irregularity or lack of jurisdiction is an affirmative defense only if either of the following occurs:
(1) The escape involved no substantial risk of harm to the person or property of another.
(2) The detaining authority knew or should have known there was no legal basis or authority for the detention.
(C) Whoever violates this section is guilty of escape.
(1) If the offender, at the time of the commission of the offense, was under detention as an alleged or adjudicated delinquent child or unruly child and if the act for which the offender was under detention would not be a felony if committed by an adult, escape is a misdemeanor of the first degree.
(2) If the offender, at the time of the commission of the
offense, was under detention in any other manner, or if the
offender is a person who was adjudicated a
sexually violent
predator for whom the requirement that the entire prison term
imposed upon the person pursuant to division (A)(3) or (B) of
section 2971.03 of the Revised Code be served
in a state
correctional institution has been modified
pursuant to section
2971.05 of the Revised Code, the offender is a person who was
convicted of or pleaded guilty to committing on or after the
effective date of this amendment a violation of division (A)(1)(b)
of section 2907.02 of the Revised Code for whom the requirement
that the entire prison term imposed upon the person pursuant to
division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised
Code be served in a state correctional institution has been
modified pursuant to section 2971.05 of the Revised Code, or the
offender is a person who was convicted of or pleaded guilty to
committing on or after the effective date of this amendment
attempted rape, who also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code, who was sentenced
pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of
the Revised Code, and for whom the requirement that the entire
prison term imposed pursuant to that division be served in a state
correctional institution has been modified pursuant to section
2971.05 of the Revised Code, escape is one
of the following:
(a) A felony of the second
degree, when the
most serious
offense for which the person was under detention or
for which the
person had been sentenced to the prison term under division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
is
aggravated murder, murder, or a felony of the first
or second
degree or, if the person was under detention
as an alleged or
adjudicated delinquent child, when the most
serious act for which
the person was under detention would be
aggravated murder, murder,
or a felony of the first
or second degree if committed by an
adult;
(b) A felony of the
third degree, when the most serious
offense for which the
person was under detention or for which the
person had been sentenced to the prison term under division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
is a felony of the third, fourth, or fifth degree or an
unclassified felony or, if the person was under detention as an
alleged or adjudicated delinquent child, when the most serious
act
for which the person was under detention would be a felony of the
third, fourth, or fifth degree or an unclassified felony if
committed
by an adult;
(c) A felony of the fifth degree, when any of the following applies:
(i) The most serious offense for which the person was under detention is a misdemeanor.
(ii) The person was found not guilty by reason of insanity, and the person's detention consisted of hospitalization, institutionalization, or confinement in a facility under an order made pursuant to or under authority of section 2945.40, 2945.401, or 2945.402 of the Revised Code.
(d) A misdemeanor of the first degree, when the most serious offense for which the person was under detention is a misdemeanor and when the person fails to return to detention at a specified time following temporary leave granted for a specific purpose or limited period or at the time required when serving a sentence in intermittent confinement.
(D) As used in this section:
(1) "Adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code, and a person is
"adjudicated a sexually violent predator" in the same manner and
the same circumstances as are described in that section.
(2) "Sexually violent offense" has the same meaning as in
section 2971.01 of the Revised Code.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to division (A)(2) of this section, any facility other than an offender's home or residence in which an offender is assigned to live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek or maintain employment or may receive education, training, treatment, or habilitation.
(b) It has received the appropriate license or certificate for any specialized education, training, treatment, habilitation, or other service that it provides from the government agency that is responsible for licensing or certifying that type of education, training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a community-based correctional facility, jail, halfway house, or prison.
(B) "Bad time" means the time by which the parole board administratively extends an offender's stated prison term or terms pursuant to section 2967.11 of the Revised Code because the parole board finds by clear and convincing evidence that the offender, while serving the prison term or terms, committed an act that is a criminal offense under the law of this state or the United States, whether or not the offender is prosecuted for the commission of that act.
(C) "Basic probation supervision" means a requirement that the offender maintain contact with a person appointed to supervise the offender in accordance with sanctions imposed by the court or imposed by the parole board pursuant to section 2967.28 of the Revised Code. "Basic probation supervision" includes basic parole supervision and basic post-release control supervision.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and "unit dose" have the same meanings as in section 2925.01 of the Revised Code.
(E) "Community-based correctional facility" means a community-based correctional facility and program or district community-based correctional facility and program developed pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(F) "Community control sanction" means a sanction that is not a prison term and that is described in section 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction that is not a jail term and that is described in section 2929.26, 2929.27, or 2929.28 of the Revised Code. "Community control sanction" includes probation if the sentence involved was imposed for a felony that was committed prior to July 1, 1996, or if the sentence involved was imposed for a misdemeanor that was committed prior to January 1, 2004.
(G) "Controlled substance," "marihuana," "schedule I," and "schedule II" have the same meanings as in section 3719.01 of the Revised Code.
(H) "Curfew" means a requirement that an offender during a specified period of time be at a designated place.
(I) "Day reporting" means a sanction pursuant to which an offender is required each day to report to and leave a center or other approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center.
(J) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.
(K) "Drug and alcohol use monitoring" means a program under which an offender agrees to submit to random chemical analysis of the offender's blood, breath, or urine to determine whether the offender has ingested any alcohol or other drugs.
(L) "Drug treatment program" means any program under which a person undergoes assessment and treatment designed to reduce or completely eliminate the person's physical or emotional reliance upon alcohol, another drug, or alcohol and another drug and under which the person may be required to receive assessment and treatment on an outpatient basis or may be required to reside at a facility other than the person's home or residence while undergoing assessment and treatment.
(M) "Economic loss" means any economic detriment suffered by a victim as a direct and proximate result of the commission of an offense and includes any loss of income due to lost time at work because of any injury caused to the victim, and any property loss, medical cost, or funeral expense incurred as a result of the commission of the offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages.
(N) "Education or training" includes study at, or in conjunction with a program offered by, a university, college, or technical college or vocational study and also includes the completion of primary school, secondary school, and literacy curricula or their equivalent.
(O) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(P) "Halfway house" means a facility licensed by the division of parole and community services of the department of rehabilitation and correction pursuant to section 2967.14 of the Revised Code as a suitable facility for the care and treatment of adult offenders.
(Q) "House arrest" means a period of confinement of an offender that is in the offender's home or in other premises specified by the sentencing court or by the parole board pursuant to section 2967.28 of the Revised Code and during which all of the following apply:
(1) The offender is required to remain in the offender's home or other specified premises for the specified period of confinement, except for periods of time during which the offender is at the offender's place of employment or at other premises as authorized by the sentencing court or by the parole board.
(2) The offender is required to report periodically to a person designated by the court or parole board.
(3) The offender is subject to any other restrictions and requirements that may be imposed by the sentencing court or by the parole board.
(R) "Intensive probation supervision" means a requirement that an offender maintain frequent contact with a person appointed by the court, or by the parole board pursuant to section 2967.28 of the Revised Code, to supervise the offender while the offender is seeking or maintaining necessary employment and participating in training, education, and treatment programs as required in the court's or parole board's order. "Intensive probation supervision" includes intensive parole supervision and intensive post-release control supervision.
(S) "Jail" means a jail, workhouse, minimum security jail, or other residential facility used for the confinement of alleged or convicted offenders that is operated by a political subdivision or a combination of political subdivisions of this state.
(T) "Jail term" means the term in a jail that a sentencing court imposes or is authorized to impose pursuant to section 2929.24 or 2929.25 of the Revised Code or pursuant to any other provision of the Revised Code that authorizes a term in a jail for a misdemeanor conviction.
(U) "Mandatory jail term" means the term in a jail that a sentencing court is required to impose pursuant to division (G) of section 1547.99 of the Revised Code, division (E) of section 2903.06 or division (D) of section 2903.08 of the Revised Code, division (E) of section 2929.24 of the Revised Code, division (B) of section 4510.14 of the Revised Code, or division (G) of section 4511.19 of the Revised Code or pursuant to any other provision of the Revised Code that requires a term in a jail for a misdemeanor conviction.
(V) "Delinquent child" has the same meaning as in section 2152.02 of the Revised Code.
(W) "License violation report" means a report that is made by a sentencing court, or by the parole board pursuant to section 2967.28 of the Revised Code, to the regulatory or licensing board or agency that issued an offender a professional license or a license or permit to do business in this state and that specifies that the offender has been convicted of or pleaded guilty to an offense that may violate the conditions under which the offender's professional license or license or permit to do business in this state was granted or an offense for which the offender's professional license or license or permit to do business in this state may be revoked or suspended.
(X) "Major drug offender" means an offender who is convicted of or pleads guilty to the possession of, sale of, or offer to sell any drug, compound, mixture, preparation, or substance that consists of or contains at least one thousand grams of hashish; at least one hundred grams of crack cocaine; at least one thousand grams of cocaine that is not crack cocaine; at least two thousand five hundred unit doses or two hundred fifty grams of heroin; at least five thousand unit doses of L.S.D. or five hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form; or at least one hundred times the amount of any other schedule I or II controlled substance other than marihuana that is necessary to commit a felony of the third degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code that is based on the possession of, sale of, or offer to sell the controlled substance.
(Y) "Mandatory prison term" means any of the following:
(1) Subject to division (Y)(2) of this section, the term in prison that must be imposed for the offenses or circumstances set forth in divisions (F)(1) to (8) or (F)(12) to (14) of section 2929.13 and division (D) of section 2929.14 of the Revised Code. Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and 2925.11 of the Revised Code, unless the maximum or another specific term is required under section 2929.14 or 2929.142 of the Revised Code, a mandatory prison term described in this division may be any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison that a sentencing court is required to impose for a third or fourth degree felony OVI offense pursuant to division (G)(2) of section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 of the Revised Code or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section 2929.13 of the Revised Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03
of the Revised Code for the offenses and in the
circumstances
described in
division (F)(11) of section 2929.13 of
the Revised
Code, or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code for the offense of rape committed on
or after the effective date of this amendment in violation of
division (A)(1)(b) of section 2907.02 of the Revised Code,
pursuant to division (B)(2)(a) of section 2971.03 of the Revised
Code for the offense of attempted rape committed on or after the
effective date of this amendment and a specification of the type
described in section 2941.1418 of the Revised Code, pursuant to
division (B)(2)(b) of section 2971.03 of the Revised Code for the
offense of attempted rape committed on or after the effective date
of this amendment and a specification of the type described in
section 2941.1419 of the Revised Code, or pursuant to division
(B)(2)(c) of section 2971.03 of the Revised Code for the offense
of attempted rape committed on or after the effective date of this
amendment and a specification of the type described in section
2941.1420 of the Revised Code and
that term as
modified or
terminated pursuant to
section
2971.05 of the Revised Code.
(Z) "Monitored time" means a period of time during which an offender continues to be under the control of the sentencing court or parole board, subject to no conditions other than leading a law-abiding life.
(AA) "Offender" means a person who, in this state, is convicted of or pleads guilty to a felony or a misdemeanor.
(BB) "Prison" means a residential facility used for the confinement of convicted felony offenders that is under the control of the department of rehabilitation and correction but does not include a violation sanction center operated under authority of section 2967.141 of the Revised Code.
(CC) "Prison term" includes any of the following sanctions for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the approval of, the sentencing court pursuant to section 2929.20, 2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code;
(3) A term in prison extended by bad time imposed pursuant to section 2967.11 of the Revised Code or imposed for a violation of post-release control pursuant to section 2967.28 of the Revised Code.
(DD) "Repeat violent offender" means a person about whom both of the following apply:
(1) The person is being sentenced for committing or for complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or second degree that is an offense of violence, or an attempt to commit any of these offenses if the attempt is a felony of the first or second degree;
(b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense described in division (DD)(1)(a) of this section.
(2) The person previously was convicted of or pleaded guilty to an offense described in division (DD)(1)(a) or (b) of this section.
(EE) "Sanction" means any penalty imposed upon an offender who is convicted of or pleads guilty to an offense, as punishment for the offense. "Sanction" includes any sanction imposed pursuant to any provision of sections 2929.14 to 2929.18 or 2929.24 to 2929.28 of the Revised Code.
(FF) "Sentence" means the sanction or combination of sanctions imposed by the sentencing court on an offender who is convicted of or pleads guilty to an offense.
(GG) "Stated prison term" means the prison term, mandatory prison term, or combination of all prison terms and mandatory prison terms imposed by the sentencing court pursuant to section 2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated prison term" includes any credit received by the offender for time spent in jail awaiting trial, sentencing, or transfer to prison for the offense and any time spent under house arrest or house arrest with electronic monitoring imposed after earning credits pursuant to section 2967.193 of the Revised Code.
(HH) "Victim-offender mediation" means a reconciliation or mediation program that involves an offender and the victim of the offense committed by the offender and that includes a meeting in which the offender and the victim may discuss the offense, discuss restitution, and consider other sanctions for the offense.
(II) "Fourth degree felony OVI offense" means a violation of division (A) of section 4511.19 of the Revised Code that, under division (G) of that section, is a felony of the fourth degree.
(JJ) "Mandatory term of local incarceration" means the term of sixty or one hundred twenty days in a jail, a community-based correctional facility, a halfway house, or an alternative residential facility that a sentencing court may impose upon a person who is convicted of or pleads guilty to a fourth degree felony OVI offense pursuant to division (G)(1) of section 2929.13 of the Revised Code and division (G)(1)(d) or (e) of section 4511.19 of the Revised Code.
(KK) "Designated homicide, assault, or kidnapping offense," "violent sex offense," "sexual motivation specification," "sexually violent offense," "sexually violent predator," and "sexually violent predator specification" have the same meanings as in section 2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually Sexually oriented
offense,"
"sexual predator," "registration-exempt sexually
oriented offense," "child-victim oriented offense," "habitual and
"tier III sex offender/child-victim offender," and "child-victim
predator" have the same meanings as in section 2950.01
of the
Revised Code.
(MM) An offense is "committed in the vicinity of a child" if the offender commits the offense within thirty feet of or within the same residential unit as a child who is under eighteen years of age, regardless of whether the offender knows the age of the child or whether the offender knows the offense is being committed within thirty feet of or within the same residential unit as the child and regardless of whether the child actually views the commission of the offense.
(NN) "Family or household member" has the same meaning as in section 2919.25 of the Revised Code.
(OO) "Motor vehicle" and "manufactured home" have the same meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same meanings as in section 2921.01 of the Revised Code.
(QQ) "Third degree felony OVI offense" means a violation of division (A) of section 4511.19 of the Revised Code that, under division (G) of that section, is a felony of the third degree.
(RR) "Random drug testing" has the same meaning as in section 5120.63 of the Revised Code.
(SS) "Felony sex offense" has the same meaning as in section 2967.28 of the Revised Code.
(TT) "Body armor" has the same meaning as in section 2941.1411 of the Revised Code.
(UU) "Electronic monitoring" means monitoring through the use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the following:
(1) Any device that can be operated by electrical or battery power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a person, that will transmit a specified signal to a receiver of the type described in division (VV)(1)(b) of this section if the transmitter is removed from the person, turned off, or altered in any manner without prior court approval in relation to electronic monitoring or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with, that can transmit continuously and periodically a signal to that receiver when the person is within a specified distance from the receiver, and that can transmit an appropriate signal to that receiver if the person to whom it is attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously the signals transmitted by a transmitter of the type described in division (VV)(1)(a) of this section, can transmit continuously those signals by telephone to a central monitoring computer of the type described in division (VV)(1)(c) of this section, and can transmit continuously an appropriate signal to that central monitoring computer if the receiver is turned off or altered without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can receive continuously the signals transmitted by telephone by a receiver of the type described in division (VV)(1)(b) of this section and can monitor continuously the person to whom an electronic monitoring device of the type described in division (VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in division (VV)(1) of this section and that conforms with all of the following:
(a) The device includes a transmitter and receiver that can monitor and determine the location of a subject person at any time, or at a designated point in time, through the use of a central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can determine at any time, or at a designated point in time, through the use of a central monitoring computer or other electronic means the fact that the transmitter is turned off or altered in any manner without prior approval of the court in relation to the electronic monitoring or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with.
(3) Any type of technology that can adequately track or determine the location of a subject person at any time and that is approved by the director of rehabilitation and correction, including, but not limited to, any satellite technology, voice tracking system, or retinal scanning system that is so approved.
(WW) "Non-economic loss" means nonpecuniary harm suffered by a victim of an offense as a result of or related to the commission of the offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss.
(XX) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(YY) "Continuous alcohol monitoring" means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored.
(ZZ) A person is "adjudicated a sexually violent predator" if the person is convicted of or pleads guilty to a violent sex offense and also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that violent sex offense or if the person is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that designated homicide, assault, or kidnapping offense.
Sec. 2929.02. (A) Whoever is convicted of or pleads guilty to aggravated murder in violation of section 2903.01 of the Revised Code shall suffer death or be imprisoned for life, as determined pursuant to sections 2929.022, 2929.03, and 2929.04 of the Revised Code, except that no person who raises the matter of age pursuant to section 2929.023 of the Revised Code and who is not found to have been eighteen years of age or older at the time of the commission of the offense shall suffer death. In addition, the offender may be fined an amount fixed by the court, but not more than twenty-five thousand dollars.
(B) Whoever (1) Except as otherwise provided in division
(B)(2) or (3) of this section, whoever is convicted of or pleads
guilty to murder in violation of
section 2903.02 of the Revised
Code shall be imprisoned for an indefinite
term of fifteen years
to life, except that, if the offender.
(2) Except as otherwise provided in division (B)(3) of this section, if a person is convicted of or pleads guilty to murder in violation of section 2903.02 of the Revised Code, the victim of the offense was less than thirteen years of age, and the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, the court shall impose an indefinite prison term of thirty years to life pursuant to division (B)(3) of section 2971.03 of the Revised Code.
(3) If a person is convicted of or pleads guilty to murder in
violation of section 2903.02 of the Revised Code and also is
convicted of or pleads guilty to a sexual motivation specification
and a
sexually violent predator specification that were included
in the indictment,
count in the indictment, or information that
charged the murder, the court
shall impose upon the offender a
term of life imprisonment without
parole that shall be served
pursuant to section 2971.03
of the Revised Code. In
(4) In addition, the offender may be fined an amount fixed by the court, but not more than fifteen thousand dollars.
(C) The court shall not impose a fine or fines for aggravated murder or murder which, in the aggregate and to the extent not suspended by the court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to the offender or to the dependents of the offender, or will prevent the offender from making reparation for the victim's wrongful death.
(D)(1) In addition to any other sanctions imposed for a violation of section 2903.01 or 2903.02 of the Revised Code, if the offender used a motor vehicle as the means to commit the violation, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code.
(2) As used in division (D) of this section, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
Sec. 2929.022. (A) If an indictment or count in an
indictment charging a defendant with aggravated murder contains a
specification of the aggravating circumstance of a prior
conviction listed in division (A)(5) of section 2929.04 of the
Revised Code, the defendant may elect to have the panel of three
judges, if he the defendant waives trial by jury, or the trial
judge, if he the defendant is tried by jury, determine the
existence of that aggravating
circumstance at the sentencing
hearing held pursuant to divisions
(C) and (D) of section 2929.03
of the Revised Code.
(1) If the defendant does not elect to have the existence of the aggravating circumstance determined at the sentencing hearing, the defendant shall be tried on the charge of aggravated murder, on the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code, and on any other specifications of an aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code in a single trial as in any other criminal case in which a person is charged with aggravated murder and specifications.
(2) If the defendant does elect to have the existence of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code determined at the sentencing hearing, then, following a verdict of guilty of the charge of aggravated murder, the panel of three judges or the trial judge shall:
(a) Hold a sentencing hearing pursuant to division (B) of this section, unless required to do otherwise under division (A)(2)(b) of this section;
(b) If the offender raises the matter of age at trial pursuant to section 2929.023 of the Revised Code and is not found at trial to have been eighteen years of age or older at the time of the commission of the offense, conduct a hearing to determine if the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt. After conducting the hearing, the panel or judge shall proceed as follows:
(i) If that aggravating circumstance is proven beyond a
reasonable doubt or if the defendant at trial was convicted of
any
other specification of an aggravating circumstance, the panel
or
judge shall impose sentence according to division (E) of
section
2929.03 of the Revised Code;.
(ii) If that aggravating circumstance is not proven beyond a reasonable doubt and the defendant at trial was not convicted of any other specification of an aggravating circumstance, except as otherwise provided in this division, the panel or judge shall impose sentence of life imprisonment with parole eligibility after serving twenty years of imprisonment on the offender. If that aggravating circumstance is not proven beyond a reasonable doubt, the defendant at trial was not convicted of any other specification of an aggravating circumstance, the victim of the aggravated murder was less than thirteen years of age, and the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, the panel or judge shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(B) At the sentencing hearing, the panel of judges, if the defendant was tried by a panel of three judges, or the trial judge, if the defendant was tried by jury, shall, when required pursuant to division (A)(2) of this section, first determine if the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt. If the panel of judges or the trial judge determines that the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt or if they do not determine that the specification is proven beyond a reasonable doubt but the defendant at trial was convicted of a specification of any other aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code, the panel of judges or the trial judge and trial jury shall impose sentence on the offender pursuant to division (D) of section 2929.03 and section 2929.04 of the Revised Code. If the panel of judges or the trial judge does not determine that the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt and the defendant at trial was not convicted of any other specification of an aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code, the panel of judges or the trial judge shall terminate the sentencing hearing and impose sentence on the offender as follows:
(1) Subject to division (B)(2) of this section, the panel or judge shall impose a sentence of life imprisonment with parole eligibility after serving twenty years of imprisonment on the offender.
(2) If the victim of the aggravated murder was less than thirteen years of age and the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, the panel or judge shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
Sec. 2929.03. (A) If the indictment or count in the indictment charging aggravated murder does not contain one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, then, following a verdict of guilty of the charge of aggravated murder, the trial court shall impose sentence on the offender as follows:
(1) Except as provided in division (A)(2) of this section, the trial court shall impose one of the following sentences on the offender:
(a) Life imprisonment without parole;
(b) Life Subject to division (A)(1)(e) of this section, life
imprisonment with parole eligibility after serving
twenty years of
imprisonment;
(c) Life Subject to division (A)(1)(e) of this section, life
imprisonment with parole eligibility after serving
twenty-five
full years of imprisonment;
(d) Life Subject to division (A)(1)(e) of this section, life
imprisonment with parole eligibility after serving
thirty full
years of imprisonment;
(e) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (A)(1)(a) of this section, the trial court shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment that shall be served pursuant to that section.
(2) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, the trial court shall impose upon the offender a sentence of life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(B) If the indictment or count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, the verdict shall separately state whether the accused is found guilty or not guilty of the principal charge and, if guilty of the principal charge, whether the offender was eighteen years of age or older at the time of the commission of the offense, if the matter of age was raised by the offender pursuant to section 2929.023 of the Revised Code, and whether the offender is guilty or not guilty of each specification. The jury shall be instructed on its duties in this regard. The instruction to the jury shall include an instruction that a specification shall be proved beyond a reasonable doubt in order to support a guilty verdict on the specification, but the instruction shall not mention the penalty that may be the consequence of a guilty or not guilty verdict on any charge or specification.
(C)(1) If the indictment or count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, then, following a verdict of guilty of the charge but not guilty of each of the specifications, and regardless of whether the offender raised the matter of age pursuant to section 2929.023 of the Revised Code, the trial court shall impose sentence on the offender as follows:
(a) Except as provided in division (C)(1)(b) of this section, the trial court shall impose one of the following sentences on the offender:
(i) Life imprisonment without parole;
(ii) Life Subject to division (C)(1)(a)(v) of this section,
life imprisonment with parole eligibility after serving
twenty
years of imprisonment;
(iii) Life Subject to division (C)(1)(a)(v) of this section,
life imprisonment with parole eligibility after serving
twenty-five full years of imprisonment;
(iv) Life Subject to division (C)(1)(a)(v) of this section,
life imprisonment with parole eligibility after serving
thirty
full years of imprisonment;
(v) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (C)(1)(a)(i) of this section, the trial court shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(b) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, the trial court shall impose upon the offender a sentence of life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(2)(a) If the indictment or count in the indictment contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code and if the offender is found guilty of both the charge and one or more of the specifications, the penalty to be imposed on the offender shall be one of the following:
(i) Except as provided in division (C)(2)(a)(ii) or (iii) of this section, the penalty to be imposed on the offender shall be death, life imprisonment without parole, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment, or life imprisonment with parole eligibility after serving thirty full years of imprisonment.
(ii) Except as provided in division (C)(2)(a)(iii) of this section, if the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of death or life imprisonment without parole on the offender pursuant to division (C)(2)(a)(i) of this section, the penalty to be imposed on the offender shall be an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment that shall be imposed pursuant to division (B)(3) of section 2971.03 of the Revised Code and served pursuant to that section.
(iii) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, the penalty to be imposed on the offender shall be death or life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(b) A penalty imposed pursuant to division (C)(2)(a)(i) or,
(ii), or (iii) of this
section shall be determined pursuant to
divisions (D)
and
(E) of this section and shall be determined by
one of the
following:
(i) By the panel of three judges that tried the offender upon the offender's waiver of the right to trial by jury;
(ii) By the trial jury and the trial judge, if the offender was tried by jury.
(D)(1) Death may not be imposed as a penalty for aggravated murder if the offender raised the matter of age at trial pursuant to section 2929.023 of the Revised Code and was not found at trial to have been eighteen years of age or older at the time of the commission of the offense. When death may be imposed as a penalty for aggravated murder, the court shall proceed under this division. When death may be imposed as a penalty, the court, upon the request of the defendant, shall require a pre-sentence investigation to be made and, upon the request of the defendant, shall require a mental examination to be made, and shall require reports of the investigation and of any mental examination submitted to the court, pursuant to section 2947.06 of the Revised Code. No statement made or information provided by a defendant in a mental examination or proceeding conducted pursuant to this division shall be disclosed to any person, except as provided in this division, or be used in evidence against the defendant on the issue of guilt in any retrial. A pre-sentence investigation or mental examination shall not be made except upon request of the defendant. Copies of any reports prepared under this division shall be furnished to the court, to the trial jury if the offender was tried by a jury, to the prosecutor, and to the offender or the offender's counsel for use under this division. The court, and the trial jury if the offender was tried by a jury, shall consider any report prepared pursuant to this division and furnished to it and any evidence raised at trial that is relevant to the aggravating circumstances the offender was found guilty of committing or to any factors in mitigation of the imposition of the sentence of death, shall hear testimony and other evidence that is relevant to the nature and circumstances of the aggravating circumstances the offender was found guilty of committing, the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code, and any other factors in mitigation of the imposition of the sentence of death, and shall hear the statement, if any, of the offender, and the arguments, if any, of counsel for the defense and prosecution, that are relevant to the penalty that should be imposed on the offender. The defendant shall be given great latitude in the presentation of evidence of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code and of any other factors in mitigation of the imposition of the sentence of death. If the offender chooses to make a statement, the offender is subject to cross-examination only if the offender consents to make the statement under oath or affirmation.
The defendant shall have the burden of going forward with the evidence of any factors in mitigation of the imposition of the sentence of death. The prosecution shall have the burden of proving, by proof beyond a reasonable doubt, that the aggravating circumstances the defendant was found guilty of committing are sufficient to outweigh the factors in mitigation of the imposition of the sentence of death.
(2) Upon consideration of the relevant evidence raised at trial, the testimony, other evidence, statement of the offender, arguments of counsel, and, if applicable, the reports submitted pursuant to division (D)(1) of this section, the trial jury, if the offender was tried by a jury, shall determine whether the aggravating circumstances the offender was found guilty of committing are sufficient to outweigh the mitigating factors present in the case. If the trial jury unanimously finds, by proof beyond a reasonable doubt, that the aggravating circumstances the offender was found guilty of committing outweigh the mitigating factors, the trial jury shall recommend to the court that the sentence of death be imposed on the offender. Absent such a finding, the jury shall recommend that the offender be sentenced to one of the following:
(a) Except as provided in division (D)(2)(b) or (c) of this section, to life imprisonment without parole, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment, or life imprisonment with parole eligibility after serving thirty full years of imprisonment;
(b) Except as provided in division (D)(2)(c) of this section, if the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the jury does not recommend a sentence of life imprisonment without parole pursuant to division (D)(2)(a) of this section, to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment to be imposed pursuant to division (B)(3) of section 2971.03 of the Revised Code and served pursuant to that section.
(c) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, to life imprisonment without parole.
If the trial jury recommends that the offender be sentenced
to life imprisonment without parole, life
imprisonment with parole
eligibility after serving twenty-five
full years of imprisonment,
or life imprisonment with parole
eligibility after serving thirty
full years of imprisonment, or an indefinite term consisting of a
minimum term of thirty years and a maximum term of life
imprisonment to be imposed pursuant to division (B)(3) of section
2971.03 of the Revised Code, the court shall
impose the sentence
recommended by the jury upon the offender. If
the sentence is an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment imposed as described in division
(D)(2)(b) of this section or a
sentence of life imprisonment
without parole imposed under
division (D)(2)(b)(c) of this
section, the sentence shall be served
pursuant to section 2971.03
of the
Revised Code. If the trial
jury recommends that the
sentence of death be
imposed upon the
offender, the court shall
proceed to impose sentence pursuant to
division
(D)(3) of this
section.
(3) Upon consideration of the relevant evidence raised at trial, the testimony, other evidence, statement of the offender, arguments of counsel, and, if applicable, the reports submitted to the court pursuant to division (D)(1) of this section, if, after receiving pursuant to division (D)(2) of this section the trial jury's recommendation that the sentence of death be imposed, the court finds, by proof beyond a reasonable doubt, or if the panel of three judges unanimously finds, by proof beyond a reasonable doubt, that the aggravating circumstances the offender was found guilty of committing outweigh the mitigating factors, it shall impose sentence of death on the offender. Absent such a finding by the court or panel, the court or the panel shall impose one of the following sentences on the offender:
(a) Except as provided in division (D)(3)(b) of this section, one of the following:
(i) Life imprisonment without parole;
(ii) Life Subject to division (D)(3)(a)(iv) of this section,
life imprisonment with parole eligibility after
serving
twenty-five full years of imprisonment;
(iii) Life Subject to division (D)(3)(a)(iv) of this section,
life imprisonment with parole eligibility after
serving thirty
full years of imprisonment;
(iv) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (D)(3)(a)(i) of this section, the court or panel shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(b) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(E) If the offender raised the matter of age at trial pursuant to section 2929.023 of the Revised Code, was convicted of aggravated murder and one or more specifications of an aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code, and was not found at trial to have been eighteen years of age or older at the time of the commission of the offense, the court or the panel of three judges shall not impose a sentence of death on the offender. Instead, the court or panel shall impose one of the following sentences on the offender:
(1) Except as provided in division (E)(2) of this section, one of the following:
(a) Life imprisonment without parole;
(b) Life Subject to division (E)(2)(d) of this section, life
imprisonment with parole eligibility after
serving
twenty-five
full years of imprisonment;
(c) Life Subject to division (E)(2)(d) of this section, life
imprisonment with parole eligibility after
serving
thirty full
years of imprisonment;
(d) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (E)(2)(a) of this section, the court or panel shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(2) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(F) The court or the panel of three judges, when it imposes sentence of death, shall state in a separate opinion its specific findings as to the existence of any of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code, the existence of any other mitigating factors, the aggravating circumstances the offender was found guilty of committing, and the reasons why the aggravating circumstances the offender was found guilty of committing were sufficient to outweigh the mitigating factors. The court or panel, when it imposes life imprisonment or an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment under division (D) of this section, shall state in a separate opinion its specific findings of which of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code it found to exist, what other mitigating factors it found to exist, what aggravating circumstances the offender was found guilty of committing, and why it could not find that these aggravating circumstances were sufficient to outweigh the mitigating factors. For cases in which a sentence of death is imposed for an offense committed before January 1, 1995, the court or panel shall file the opinion required to be prepared by this division with the clerk of the appropriate court of appeals and with the clerk of the supreme court within fifteen days after the court or panel imposes sentence. For cases in which a sentence of death is imposed for an offense committed on or after January 1, 1995, the court or panel shall file the opinion required to be prepared by this division with the clerk of the supreme court within fifteen days after the court or panel imposes sentence. The judgment in a case in which a sentencing hearing is held pursuant to this section is not final until the opinion is filed.
(G)(1) Whenever the court or a panel of three judges imposes a sentence of death for an offense committed before January 1, 1995, the clerk of the court in which the judgment is rendered shall deliver the entire record in the case to the appellate court.
(2) Whenever the court or a panel of three judges imposes a sentence of death for an offense committed on or after January 1, 1995, the clerk of the court in which the judgment is rendered shall deliver the entire record in the case to the supreme court.
Sec. 2929.06. (A) If a sentence of death imposed
upon an
offender is set aside, nullified, or vacated because the court of
appeals, in a case in which a sentence of death was imposed for an
offense
committed before January 1, 1995, or the supreme court, in
cases in which the
supreme court reviews the sentence upon appeal,
could not affirm the sentence
of death under the standards imposed
by section 2929.05 of the
Revised Code, is set aside, nullified,
or vacated for the sole reason that
the
statutory procedure for
imposing the sentence of death that is
set forth in sections
2929.03 and 2929.04 of the Revised Code is
unconstitutional, is
set aside, nullified, or vacated pursuant to division (C) of
section 2929.05 of the Revised Code, or is set aside, nullified,
or vacated because a court has determined that the offender is
mentally retarded under standards set forth in decisions of the
supreme court of this state or the United States supreme court,
the trial court that
sentenced the offender shall conduct a
hearing to resentence the
offender. At the resentencing hearing,
the court shall impose upon the offender a sentence of life
imprisonment or an indefinite term consisting of a minimum term of
thirty years and a maximum term of life imprisonment that is
determined as specified in this division. The If division (D) of
section 2929.03 of the Revised Code, at the time the offender
committed the aggravated murder for which the sentence of death
was imposed, required the imposition when a sentence of death was
not imposed of a sentence of life imprisonment without parole or a
sentence of an indefinite term consisting of a minimum term of
thirty years and a maximum term of life imprisonment to be imposed
pursuant to division (A) or (B)(3) of section 2971.03 of the
Revised Code and served pursuant to that section, the court shall
impose the sentence so required. In all other cases, the sentences
of life imprisonment that are available at the hearing, and from
which the court shall impose sentence, shall be the same sentences
of life imprisonment that were available under division (D) of
section 2929.03 or under section 2909.24 of the Revised Code at
the time the offender committed the offense for which the sentence
of death was imposed. Nothing in this division regarding the
resentencing of an offender shall affect the operation of section
2971.03 of the Revised Code.
(B) Whenever any court of this state or any federal court
sets aside, nullifies, or vacates a sentence of death imposed upon
an
offender because of error that occurred in the
sentencing phase
of the trial and if division (A) of this section
does not apply,
the trial court that sentenced the offender shall conduct a
new
hearing to resentence the offender. If the offender was tried by a
jury, the
trial court shall impanel a new jury for the hearing. If
the offender was
tried by a panel of three judges, that panel or,
if necessary, a new panel of
three judges shall conduct the
hearing. At the hearing, the court
or panel shall
follow the
procedure set forth in division (D) of section 2929.03 of the
Revised Code in determining whether to impose upon the offender a
sentence of
death or, a sentence of life imprisonment, or an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment. If, pursuant to that procedure,
the court or panel determines that it will impose a sentence of
life imprisonment other than a sentence of death, the court or
panel shall impose upon the offender one of the sentences of life
imprisonment that could have been imposed at the time the offender
committed the offense for which the sentence of death was imposed,
determined as specified in this division, or an indefinite term
consisting of a minimum term of thirty years and a maximum term of
life imprisonment that is determined as specified in this
division. If division (D) of section 2929.03 of the Revised Code,
at the time the offender committed the aggravated murder for which
the sentence of death was imposed, required the imposition when a
sentence of death was not imposed of a sentence of life
imprisonment without parole or a sentence of an indefinite term
consisting of a minimum term of thirty years and a maximum term of
life imprisonment to be imposed pursuant to division (A) or (B)(3)
of section 2971.03 of the Revised Code and served pursuant to that
section, the court or panel shall impose the sentence so required.
In all other cases, the sentences of life imprisonment that are
available at the hearing, and from which the court or panel shall
impose sentence, shall be the same sentences of life imprisonment
that were available under division (D) of section 2929.03 or under
section 2909.24 of the Revised Code at the time the offender
committed the offense for which the sentence of death was imposed.
(C) If a sentence of life imprisonment without parole imposed upon an offender pursuant to section 2929.021 or 2929.03 of the Revised Code is set aside, nullified, or vacated for the sole reason that the statutory procedure for imposing the sentence of life imprisonment without parole that is set forth in sections 2929.03 and 2929.04 of the Revised Code is unconstitutional, the trial court that sentenced the offender shall conduct a hearing to resentence the offender to life imprisonment with parole eligibility after serving twenty-five full years of imprisonment or to life imprisonment with parole eligibility after serving thirty full years of imprisonment.
(D) Nothing in this section limits or restricts the rights of the state to appeal any order setting aside, nullifying, or vacating a conviction or sentence of death, when an appeal of that nature otherwise would be available.
(E) This section, as amended by H.B. 184 of the 125th General
Assembly general assembly, shall apply to all offenders who have
been sentenced to death for an aggravated murder that was
committed on or after October 19, 1981, or for terrorism that was
committed on or after May 15, 2002. This section, as amended by
H.B. 184 of the 125th general assembly, shall apply equally to all
such offenders sentenced to death prior to, on, or after the
effective date of that act March 23, 2005, including offenders
who, on the effective date of that act March 23, 2005, are
challenging their sentence of death and offenders whose sentence
of death has been set aside, nullified, or vacated by any court of
this state or any federal court but who, as of the effective date
of that act March 23, 2005, have not yet been resentenced.
Sec. 2929.13. (A) Except as provided in division (E), (F), or (G) of this section and unless a specific sanction is required to be imposed or is precluded from being imposed pursuant to law, a court that imposes a sentence upon an offender for a felony may impose any sanction or combination of sanctions on the offender that are provided in sections 2929.14 to 2929.18 of the Revised Code. The sentence shall not impose an unnecessary burden on state or local government resources.
If the offender is eligible to be sentenced to community control sanctions, the court shall consider the appropriateness of imposing a financial sanction pursuant to section 2929.18 of the Revised Code or a sanction of community service pursuant to section 2929.17 of the Revised Code as the sole sanction for the offense. Except as otherwise provided in this division, if the court is required to impose a mandatory prison term for the offense for which sentence is being imposed, the court also may impose a financial sanction pursuant to section 2929.18 of the Revised Code but may not impose any additional sanction or combination of sanctions under section 2929.16 or 2929.17 of the Revised Code.
If the offender is being sentenced for a fourth degree felony OVI offense or for a third degree felony OVI offense, in addition to the mandatory term of local incarceration or the mandatory prison term required for the offense by division (G)(1) or (2) of this section, the court shall impose upon the offender a mandatory fine in accordance with division (B)(3) of section 2929.18 of the Revised Code and may impose whichever of the following is applicable:
(1) For a fourth degree felony OVI offense for which sentence is imposed under division (G)(1) of this section, an additional community control sanction or combination of community control sanctions under section 2929.16 or 2929.17 of the Revised Code. If the court imposes upon the offender a community control sanction and the offender violates any condition of the community control sanction, the court may take any action prescribed in division (B) of section 2929.15 of the Revised Code relative to the offender, including imposing a prison term on the offender pursuant to that division.
(2) For a third or fourth degree felony OVI offense for which sentence is imposed under division (G)(2) of this section, an additional prison term as described in division (D)(4) of section 2929.14 of the Revised Code or a community control sanction as described in division (G)(2) of this section.
(B)(1) Except as provided in division (B)(2), (E), (F), or (G) of this section, in sentencing an offender for a felony of the fourth or fifth degree, the sentencing court shall determine whether any of the following apply:
(a) In committing the offense, the offender caused physical harm to a person.
(b) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person with a deadly weapon.
(c) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person, and the offender previously was convicted of an offense that caused physical harm to a person.
(d) The offender held a public office or position of trust and the offense related to that office or position; the offender's position obliged the offender to prevent the offense or to bring those committing it to justice; or the offender's professional reputation or position facilitated the offense or was likely to influence the future conduct of others.
(e) The offender committed the offense for hire or as part of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or fifth degree felony violation of section 2907.03, 2907.04, 2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the Revised Code.
(g) The offender at the time of the offense was serving, or the offender previously had served, a prison term.
(h) The offender committed the offense while under a community control sanction, while on probation, or while released from custody on a bond or personal recognizance.
(i) The offender committed the offense while in possession of a firearm.
(2)(a) If the court makes a finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a prison term is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code and finds that the offender is not amenable to an available community control sanction, the court shall impose a prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this section, if the court does not make a finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a community control sanction or combination of community control sanctions is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code, the court shall impose a community control sanction or combination of community control sanctions upon the offender.
(C) Except as provided in division (D), (E), (F), or (G) of this section, in determining whether to impose a prison term as a sanction for a felony of the third degree or a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and that is specified as being subject to this division for purposes of sentencing, the sentencing court shall comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code and with section 2929.12 of the Revised Code.
(D)(1) Except as provided in division (E) or (F) of this section, for a felony of the first or second degree, for a felony drug offense that is a violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a presumption in favor of a prison term is specified as being applicable, and for a violation of division (A)(4) or (B) of section 2907.05 of the Revised Code for which a presumption in favor of a prison term is specified as being applicable, it is presumed that a prison term is necessary in order to comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code. Division (D)(2) of this section does not apply to a presumption established under this division for a violation of division (A)(4) of section 2907.05 of the Revised Code.
(2) Notwithstanding the presumption established under division (D)(1) of this section for the offenses listed in that division other than a violation of division (A)(4) or (B) of section 2907.05 of the Revised Code, the sentencing court may impose a community control sanction or a combination of community control sanctions instead of a prison term on an offender for a felony of the first or second degree or for a felony drug offense that is a violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a presumption in favor of a prison term is specified as being applicable if it makes both of the following findings:
(a) A community control sanction or a combination of community control sanctions would adequately punish the offender and protect the public from future crime, because the applicable factors under section 2929.12 of the Revised Code indicating a lesser likelihood of recidivism outweigh the applicable factors under that section indicating a greater likelihood of recidivism.
(b) A community control sanction or a combination of community control sanctions would not demean the seriousness of the offense, because one or more factors under section 2929.12 of the Revised Code that indicate that the offender's conduct was less serious than conduct normally constituting the offense are applicable, and they outweigh the applicable factors under that section that indicate that the offender's conduct was more serious than conduct normally constituting the offense.
(E)(1) Except as provided in division (F) of this section, for any drug offense that is a violation of any provision of Chapter 2925. of the Revised Code and that is a felony of the third, fourth, or fifth degree, the applicability of a presumption under division (D) of this section in favor of a prison term or of division (B) or (C) of this section in determining whether to impose a prison term for the offense shall be determined as specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the Revised Code, whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to a felony violates the conditions of a community control sanction imposed for the offense solely by reason of producing positive results on a drug test, the court, as punishment for the violation of the sanction, shall not order that the offender be imprisoned unless the court determines on the record either of the following:
(a) The offender had been ordered as a sanction for the felony to participate in a drug treatment program, in a drug education program, or in narcotics anonymous or a similar program, and the offender continued to use illegal drugs after a reasonable period of participation in the program.
(b) The imprisonment of the offender for the violation is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code.
(F) Notwithstanding divisions (A) to (E) of this section, the court shall impose a prison term or terms under sections 2929.02 to 2929.06, section 2929.14, section 2929.142, or section 2971.03 of the Revised Code and except as specifically provided in section 2929.20 or 2967.191 of the Revised Code or when parole is authorized for the offense under section 2967.13 of the Revised Code shall not reduce the term or terms pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code for any of the following offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and regardless of the age of the victim, or an attempt to commit rape if, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code and would be sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim
is under less than
thirteen
years of age and if any of the
following
applies:
(a) Regarding gross sexual imposition, the offender
previously was
convicted of or pleaded guilty to
rape, the former
offense of
felonious sexual penetration, gross sexual
imposition,
or sexual
battery,
and the victim of the previous offense was
under less than
thirteen years of age;
(b) Regarding gross sexual imposition, the offense was committed on or after August 3, 2006, and evidence other than the testimony of the victim was admitted in the case corroborating the violation.
(c) Regarding sexual battery, either of the following applies:
(i) The offense was committed prior to August 3, 2006, the
offender previously was convicted of or pleaded guilty to rape,
the former offense of felonious sexual penetration, or sexual
battery, and the victim of the previous offense was under less
than thirteen
years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06, 2903.08, 2903.11, 2903.12, or 2903.13 of the Revised Code if the section requires the imposition of a prison term;
(5) A first, second, or third degree felony drug offense for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 4729.99 of the Revised Code, whichever is applicable regarding the violation, requires the imposition of a mandatory prison term;
(6) Any offense that is a first or second degree felony and that is not set forth in division (F)(1), (2), (3), or (4) of this section, if the offender previously was convicted of or pleaded guilty to aggravated murder, murder, any first or second degree felony, or an offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and either is a violation of section 2903.04 of the Revised Code or an attempt to commit a felony of the second degree that is an offense of violence and involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person if the offender previously was convicted of or pleaded guilty to any of the following offenses:
(a) Aggravated murder, murder, involuntary manslaughter, rape, felonious sexual penetration as it existed under section 2907.12 of the Revised Code prior to September 3, 1996, a felony of the first or second degree that resulted in the death of a person or in physical harm to a person, or complicity in or an attempt to commit any of those offenses;
(b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense listed in division (F)(7)(a) of this section that resulted in the death of a person or in physical harm to a person.
(8) Any offense, other than a violation of section 2923.12 of the Revised Code, that is a felony, if the offender had a firearm on or about the offender's person or under the offender's control while committing the felony, with respect to a portion of the sentence imposed pursuant to division (D)(1)(a) of section 2929.14 of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the offender wore or carried body armor while committing the felony offense of violence, with respect to the portion of the sentence imposed pursuant to division (D)(1)(d) of section 2929.14 of the Revised Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of the Revised Code when the most serious offense in the pattern of corrupt activity that is the basis of the offense is a felony of the first degree;
(11) Any violent sex offense or designated homicide, assault, or kidnapping offense if, in relation to that offense, the offender is adjudicated a sexually violent predator;
(12) A violation of division (A)(1) or (2) of section 2921.36 of the Revised Code, or a violation of division (C) of that section involving an item listed in division (A)(1) or (2) of that section, if the offender is an officer or employee of the department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, or an investigator of the bureau of criminal identification and investigation, as defined in section 2903.11 of the Revised Code, with respect to the portion of the sentence imposed pursuant to division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the offender has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, with respect to the portion of the sentence imposed pursuant to division (D)(6) of section 2929.14 of the Revised Code;
(15) Kidnapping, in the circumstances specified in section 2971.03 of the Revised Code and when no other provision of division (F) of this section applies.
(G) Notwithstanding divisions (A) to (E) of this section, if an offender is being sentenced for a fourth degree felony OVI offense or for a third degree felony OVI offense, the court shall impose upon the offender a mandatory term of local incarceration or a mandatory prison term in accordance with the following:
(1) If the offender is being sentenced for a fourth degree felony OVI offense and if the offender has not been convicted of and has not pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code, the court may impose upon the offender a mandatory term of local incarceration of sixty days or one hundred twenty days as specified in division (G)(1)(d) of section 4511.19 of the Revised Code. The court shall not reduce the term pursuant to section 2929.20, 2967.193, or any other provision of the Revised Code. The court that imposes a mandatory term of local incarceration under this division shall specify whether the term is to be served in a jail, a community-based correctional facility, a halfway house, or an alternative residential facility, and the offender shall serve the term in the type of facility specified by the court. A mandatory term of local incarceration imposed under division (G)(1) of this section is not subject to extension under section 2967.11 of the Revised Code, to a period of post-release control under section 2967.28 of the Revised Code, or to any other Revised Code provision that pertains to a prison term except as provided in division (A)(1) of this section.
(2) If the offender is being sentenced for a third degree felony OVI offense, or if the offender is being sentenced for a fourth degree felony OVI offense and the court does not impose a mandatory term of local incarceration under division (G)(1) of this section, the court shall impose upon the offender a mandatory prison term of one, two, three, four, or five years if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or shall impose upon the offender a mandatory prison term of sixty days or one hundred twenty days as specified in division (G)(1)(d) or (e) of section 4511.19 of the Revised Code if the offender has not been convicted of and has not pleaded guilty to a specification of that type. The court shall not reduce the term pursuant to section 2929.20, 2967.193, or any other provision of the Revised Code. The offender shall serve the one-, two-, three-, four-, or five-year mandatory prison term consecutively to and prior to the prison term imposed for the underlying offense and consecutively to any other mandatory prison term imposed in relation to the offense. In no case shall an offender who once has been sentenced to a mandatory term of local incarceration pursuant to division (G)(1) of this section for a fourth degree felony OVI offense be sentenced to another mandatory term of local incarceration under that division for any violation of division (A) of section 4511.19 of the Revised Code. In addition to the mandatory prison term described in division (G)(2) of this section, the court may sentence the offender to a community control sanction under section 2929.16 or 2929.17 of the Revised Code, but the offender shall serve the prison term prior to serving the community control sanction. The department of rehabilitation and correction may place an offender sentenced to a mandatory prison term under this division in an intensive program prison established pursuant to section 5120.033 of the Revised Code if the department gave the sentencing judge prior notice of its intent to place the offender in an intensive program prison established under that section and if the judge did not notify the department that the judge disapproved the placement. Upon the establishment of the initial intensive program prison pursuant to section 5120.033 of the Revised Code that is privately operated and managed by a contractor pursuant to a contract entered into under section 9.06 of the Revised Code, both of the following apply:
(a) The department of rehabilitation and correction shall make a reasonable effort to ensure that a sufficient number of offenders sentenced to a mandatory prison term under this division are placed in the privately operated and managed prison so that the privately operated and managed prison has full occupancy.
(b) Unless the privately operated and managed prison has full occupancy, the department of rehabilitation and correction shall not place any offender sentenced to a mandatory prison term under this division in any intensive program prison established pursuant to section 5120.033 of the Revised Code other than the privately operated and managed prison.
(H) If an offender is being sentenced
for a sexually
oriented
offense or child-victim oriented offense that is a felony
committed on or after January 1,
1997, the judge
shall
require the
offender to submit to a
DNA specimen collection
procedure pursuant
to section 2901.07 of the
Revised Code
if
either of the following
applies:
(1) The offense was a violent sex offense or a designated
homicide, assault, or kidnapping offense and, in relation to that
offense, the
offender was
adjudicated a sexually
violent predator.
(2) The offense was a violation of division (A)(1)(b) of
section 2907.02 of the Revised Code committed on or after the
effective date of this amendment.
(3) The offense was attempted rape committed on or after the
effective date of this amendment, and the offender also was
convicted of or pleaded guilty to a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.
(4) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator.
(I) If an offender is being sentenced
for a sexually
oriented
offense that is not a registration-exempt sexually oriented
offense or for a child-victim oriented offense committed on or
after January 1,
1997, the judge
shall
include in the sentence a
summary of the
offender's duties imposed under sections 2950.04,
2950.041, 2950.05, and
2950.06 of the Revised Code and the
duration of the duties. The
judge shall inform the offender, at
the
time of sentencing, of
those duties and of their duration and,
if. If required
under division
(A)(2) of section 2950.03 of
the
Revised Code, the judge shall perform the
duties specified in that
section, or, if required under division (A)(6) of section 2950.03
of the Revised Code, the judge shall perform the duties specified
in that division.
(J)(1) Except as provided in division (J)(2) of this section, when considering sentencing factors under this section in relation to an offender who is convicted of or pleads guilty to an attempt to commit an offense in violation of section 2923.02 of the Revised Code, the sentencing court shall consider the factors applicable to the felony category of the violation of section 2923.02 of the Revised Code instead of the factors applicable to the felony category of the offense attempted.
(2) When considering sentencing factors under this section in relation to an offender who is convicted of or pleads guilty to an attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense, the sentencing court shall consider the factors applicable to the felony category that the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt.
(K) As used in this section, "drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code.
(L) At the time of sentencing an offender who is a sexual
predator for any sexually oriented offense, if the offender is a
tier III sex offender/child-victim offender relative to that
offense and the offender does not serve a prison term or jail
term, the court may require that the offender be monitored by
means of a global positioning device. If the court requires such
monitoring, the cost of monitoring shall be borne by the offender.
If the offender is indigent, the cost of compliance shall be paid
by the crime victims reparations fund.
Sec. 2929.14. (A) Except as provided in division (C), (D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of this section and except in relation to an offense for which a sentence of death or life imprisonment is to be imposed, if the court imposing a sentence upon an offender for a felony elects or is required to impose a prison term on the offender pursuant to this chapter, the court shall impose a definite prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term shall be three, four, five, six, seven, eight, nine, or ten years.
(2) For a felony of the second degree, the prison term shall be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term shall be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall be six, seven, eight, nine, ten, eleven, or twelve months.
(B) Except as provided in division (C), (D)(1), (D)(2), (D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section 2907.02 or 2907.05 of the Revised Code, or in Chapter 2925. of the Revised Code, if the court imposing a sentence upon an offender for a felony elects or is required to impose a prison term on the offender, the court shall impose the shortest prison term authorized for the offense pursuant to division (A) of this section, unless one or more of the following applies:
(1) The offender was serving a prison term at the time of the offense, or the offender previously had served a prison term.
(2) The court finds on the record that the shortest prison term will demean the seriousness of the offender's conduct or will not adequately protect the public from future crime by the offender or others.
(C) Except as provided in division (G) or (L) of this section or in Chapter 2925. of the Revised Code, the court imposing a sentence upon an offender for a felony may impose the longest prison term authorized for the offense pursuant to division (A) of this section only upon offenders who committed the worst forms of the offense, upon offenders who pose the greatest likelihood of committing future crimes, upon certain major drug offenders under division (D)(3) of this section, and upon certain repeat violent offenders in accordance with division (D)(2) of this section.
(D)(1)(a) Except as provided in division (D)(1)(e) of this section, if an offender who is convicted of or pleads guilty to a felony also is convicted of or pleads guilty to a specification of the type described in section 2941.141, 2941.144, or 2941.145 of the Revised Code, the court shall impose on the offender one of the following prison terms:
(i) A prison term of six years if the specification is of the type described in section 2941.144 of the Revised Code that charges the offender with having a firearm that is an automatic firearm or that was equipped with a firearm muffler or silencer on or about the offender's person or under the offender's control while committing the felony;
(ii) A prison term of three years if the specification is of the type described in section 2941.145 of the Revised Code that charges the offender with having a firearm on or about the offender's person or under the offender's control while committing the offense and displaying the firearm, brandishing the firearm, indicating that the offender possessed the firearm, or using it to facilitate the offense;
(iii) A prison term of one year if the specification is of the type described in section 2941.141 of the Revised Code that charges the offender with having a firearm on or about the offender's person or under the offender's control while committing the felony.
(b) If a court imposes a prison term on an offender under division (D)(1)(a) of this section, the prison term shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one prison term on an offender under division (D)(1)(a) of this section for felonies committed as part of the same act or transaction.
(c) Except as provided in division (D)(1)(e) of this section, if an offender who is convicted of or pleads guilty to a violation of section 2923.161 of the Revised Code or to a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another, also is convicted of or pleads guilty to a specification of the type described in section 2941.146 of the Revised Code that charges the offender with committing the offense by discharging a firearm from a motor vehicle other than a manufactured home, the court, after imposing a prison term on the offender for the violation of section 2923.161 of the Revised Code or for the other felony offense under division (A), (D)(2), or (D)(3) of this section, shall impose an additional prison term of five years upon the offender that shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one additional prison term on an offender under division (D)(1)(c) of this section for felonies committed as part of the same act or transaction. If a court imposes an additional prison term on an offender under division (D)(1)(c) of this section relative to an offense, the court also shall impose a prison term under division (D)(1)(a) of this section relative to the same offense, provided the criteria specified in that division for imposing an additional prison term are satisfied relative to the offender and the offense.
(d) If an offender who is convicted of or pleads guilty to an offense of violence that is a felony also is convicted of or pleads guilty to a specification of the type described in section 2941.1411 of the Revised Code that charges the offender with wearing or carrying body armor while committing the felony offense of violence, the court shall impose on the offender a prison term of two years. The prison term so imposed shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one prison term on an offender under division (D)(1)(d) of this section for felonies committed as part of the same act or transaction. If a court imposes an additional prison term under division (D)(1)(a) or (c) of this section, the court is not precluded from imposing an additional prison term under division (D)(1)(d) of this section.
(e) The court shall not impose any of the prison terms described in division (D)(1)(a) of this section or any of the additional prison terms described in division (D)(1)(c) of this section upon an offender for a violation of section 2923.12 or 2923.123 of the Revised Code. The court shall not impose any of the prison terms described in division (D)(1)(a) of this section or any of the additional prison terms described in division (D)(1)(c) of this section upon an offender for a violation of section 2923.13 of the Revised Code unless all of the following apply:
(i) The offender previously has been convicted of aggravated murder, murder, or any felony of the first or second degree.
(ii) Less than five years have passed since the offender was released from prison or post-release control, whichever is later, for the prior offense.
(f) If an offender is convicted of or pleads guilty to a felony that includes, as an essential element, causing or attempting to cause the death of or physical harm to another and also is convicted of or pleads guilty to a specification of the type described in section 2941.1412 of the Revised Code that charges the offender with committing the offense by discharging a firearm at a peace officer as defined in section 2935.01 of the Revised Code or a corrections officer, as defined in section 2941.1412 of the Revised Code, the court, after imposing a prison term on the offender for the felony offense under division (A), (D)(2), or (D)(3) of this section, shall impose an additional prison term of seven years upon the offender that shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one additional prison term on an offender under division (D)(1)(f) of this section for felonies committed as part of the same act or transaction. If a court imposes an additional prison term on an offender under division (D)(1)(f) of this section relative to an offense, the court shall not impose a prison term under division (D)(1)(a) or (c) of this section relative to the same offense.
(2)(a) If division (D)(2)(b) of this section does not apply, the court may impose on an offender, in addition to the longest prison term authorized or required for the offense, an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met:
(i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person.
(iii) The court imposes the longest prison term for the offense that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section are inadequate to punish the offender and protect the public from future crime, because the applicable factors under section 2929.12 of the Revised Code indicating a greater likelihood of recidivism outweigh the applicable factors under that section indicating a lesser likelihood of recidivism.
(v) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section are demeaning to the seriousness of the offense, because one or more of the factors under section 2929.12 of the Revised Code indicating that the offender's conduct is more serious than conduct normally constituting the offense are present, and they outweigh the applicable factors under that section indicating that the offender's conduct is less serious than conduct normally constituting the offense.
(b) The court shall impose on an offender the longest prison term authorized or required for the offense and shall impose on the offender an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met:
(i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been convicted of or pleaded guilty to three or more offenses described in division (DD)(1) of section 2929.01 of the Revised Code, including all offenses described in that division of which the offender is convicted or to which the offender pleads guilty in the current prosecution and all offenses described in that division of which the offender previously has been convicted or to which the offender previously pleaded guilty, whether prosecuted together or separately.
(iii) The offense or offenses of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person.
(c) For purposes of division (D)(2)(b) of this section, two or more offenses committed at the same time or as part of the same act or event shall be considered one offense, and that one offense shall be the offense with the greatest penalty.
(d) A sentence imposed under division (D)(2)(a) or (b) of this section shall not be reduced pursuant to section 2929.20 or section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. The offender shall serve an additional prison term imposed under this section consecutively to and prior to the prison term imposed for the underlying offense.
(e) When imposing a sentence pursuant to division (D)(2)(a) or (b) of this section, the court shall state its findings explaining the imposed sentence.
(3)(a) Except when an offender commits a violation of section 2903.01 or 2907.02 of the Revised Code and the penalty imposed for the violation is life imprisonment or commits a violation of section 2903.02 of the Revised Code, if the offender commits a violation of section 2925.03 or 2925.11 of the Revised Code and that section classifies the offender as a major drug offender and requires the imposition of a ten-year prison term on the offender, if the offender commits a felony violation of section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of section 3719.172, division (C) of section 4729.51, or division (J) of section 4729.54 of the Revised Code that includes the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, and the court imposing sentence upon the offender finds that the offender is guilty of a specification of the type described in section 2941.1410 of the Revised Code charging that the offender is a major drug offender, if the court imposing sentence upon an offender for a felony finds that the offender is guilty of corrupt activity with the most serious offense in the pattern of corrupt activity being a felony of the first degree, or if the offender is guilty of an attempted violation of section 2907.02 of the Revised Code and, had the offender completed the violation of section 2907.02 of the Revised Code that was attempted, the offender would have been subject to a sentence of life imprisonment or life imprisonment without parole for the violation of section 2907.02 of the Revised Code, the court shall impose upon the offender for the felony violation a ten-year prison term that cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 5120. of the Revised Code.
(b) The court imposing a prison term on an offender under division (D)(3)(a) of this section may impose an additional prison term of one, two, three, four, five, six, seven, eight, nine, or ten years, if the court, with respect to the term imposed under division (D)(3)(a) of this section and, if applicable, divisions (D)(1) and (2) of this section, makes both of the findings set forth in divisions (D)(2)(a)(iv) and (v) of this section.
(4) If the offender is being sentenced for a third or fourth degree felony OVI offense under division (G)(2) of section 2929.13 of the Revised Code, the sentencing court shall impose upon the offender a mandatory prison term in accordance with that division. In addition to the mandatory prison term, if the offender is being sentenced for a fourth degree felony OVI offense, the court, notwithstanding division (A)(4) of this section, may sentence the offender to a definite prison term of not less than six months and not more than thirty months, and if the offender is being sentenced for a third degree felony OVI offense, the sentencing court may sentence the offender to an additional prison term of any duration specified in division (A)(3) of this section. In either case, the additional prison term imposed shall be reduced by the sixty or one hundred twenty days imposed upon the offender as the mandatory prison term. The total of the additional prison term imposed under division (D)(4) of this section plus the sixty or one hundred twenty days imposed as the mandatory prison term shall equal a definite term in the range of six months to thirty months for a fourth degree felony OVI offense and shall equal one of the authorized prison terms specified in division (A)(3) of this section for a third degree felony OVI offense. If the court imposes an additional prison term under division (D)(4) of this section, the offender shall serve the additional prison term after the offender has served the mandatory prison term required for the offense. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the court also may sentence the offender to a community control sanction under section 2929.16 or 2929.17 of the Revised Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described in section 2941.1414 of the Revised Code that charges that the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, or an investigator of the bureau of criminal identification and investigation, as defined in section 2903.11 of the Revised Code, the court shall impose on the offender a prison term of five years. If a court imposes a prison term on an offender under division (D)(5) of this section, the prison term shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one prison term on an offender under division (D)(5) of this section for felonies committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described in section 2941.1415 of the Revised Code that charges that the offender previously has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, the court shall impose on the offender a prison term of three years. If a court imposes a prison term on an offender under division (D)(6) of this section, the prison term shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one prison term on an offender under division (D)(6) of this section for felonies committed as part of the same act.
(E)(1)(a) Subject to division (E)(1)(b) of this section, if a mandatory prison term is imposed upon an offender pursuant to division (D)(1)(a) of this section for having a firearm on or about the offender's person or under the offender's control while committing a felony, if a mandatory prison term is imposed upon an offender pursuant to division (D)(1)(c) of this section for committing a felony specified in that division by discharging a firearm from a motor vehicle, or if both types of mandatory prison terms are imposed, the offender shall serve any mandatory prison term imposed under either division consecutively to any other mandatory prison term imposed under either division or under division (D)(1)(d) of this section, consecutively to and prior to any prison term imposed for the underlying felony pursuant to division (A), (D)(2), or (D)(3) of this section or any other section of the Revised Code, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(b) If a mandatory prison term is imposed upon an offender pursuant to division (D)(1)(d) of this section for wearing or carrying body armor while committing an offense of violence that is a felony, the offender shall serve the mandatory term so imposed consecutively to any other mandatory prison term imposed under that division or under division (D)(1)(a) or (c) of this section, consecutively to and prior to any prison term imposed for the underlying felony under division (A), (D)(2), or (D)(3) of this section or any other section of the Revised Code, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender pursuant to division (D)(1)(f) of this section, the offender shall serve the mandatory prison term so imposed consecutively to and prior to any prison term imposed for the underlying felony under division (A), (D)(2), or (D)(3) of this section or any other section of the Revised Code, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison, or other residential detention facility violates section 2917.02, 2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender who is under detention at a detention facility commits a felony violation of section 2923.131 of the Revised Code, or if an offender who is an inmate in a jail, prison, or other residential detention facility or is under detention at a detention facility commits another felony while the offender is an escapee in violation of section 2921.34 of the Revised Code, any prison term imposed upon the offender for one of those violations shall be served by the offender consecutively to the prison term or term of imprisonment the offender was serving when the offender committed that offense and to any other prison term previously or subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division (B) of section 2911.01 of the Revised Code, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation of division (B) of section 2921.331 of the Revised Code, the offender shall serve that prison term consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(4) If multiple prison terms are imposed on an offender for convictions of multiple offenses, the court may require the offender to serve the prison terms consecutively if the court finds that the consecutive service is necessary to protect the public from future crime or to punish the offender and that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public, and if the court also finds any of the following:
(a) The offender committed one or more of the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code, or was under post-release control for a prior offense.
(b) At least two of the multiple offenses were committed as part of one or more courses of conduct, and the harm caused by two or more of the multiple offenses so committed was so great or unusual that no single prison term for any of the offenses committed as part of any of the courses of conduct adequately reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender pursuant to division (D)(5) or (6) of this section, the offender shall serve the mandatory prison term consecutively to and prior to any prison term imposed for the underlying violation of division (A)(1) or (2) of section 2903.06 of the Revised Code pursuant to division (A) of this section or section 2929.142 of the Revised Code. If a mandatory prison term is imposed upon an offender pursuant to division (D)(5) of this section, and if a mandatory prison term also is imposed upon the offender pursuant to division (D)(6) of this section in relation to the same violation, the offender shall serve the mandatory prison term imposed pursuant to division (D)(5) of this section consecutively to and prior to the mandatory prison term imposed pursuant to division (D)(6) of this section and consecutively to and prior to any prison term imposed for the underlying violation of division (A)(1) or (2) of section 2903.06 of the Revised Code pursuant to division (A) of this section or section 2929.142 of the Revised Code.
(6) When consecutive prison terms are imposed pursuant to division (E)(1), (2), (3), (4), or (5) of this section, the term to be served is the aggregate of all of the terms so imposed.
(F)(1) If a court imposes a prison term for a felony of the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the third degree that is not a felony sex offense and in the commission of which the offender caused or threatened to cause physical harm to a person, it shall include in the sentence a requirement that the offender be subject to a period of post-release control after the offender's release from imprisonment, in accordance with that division. If a court imposes a sentence including a prison term of a type described in this division on or after July 11, 2006, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control.
(2) If a court imposes a prison term for a felony of the third, fourth, or fifth degree that is not subject to division (F)(1) of this section, it shall include in the sentence a requirement that the offender be subject to a period of post-release control after the offender's release from imprisonment, in accordance with that division, if the parole board determines that a period of post-release control is necessary. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control.
(G) If a The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the offender
and the service of that term of imprisonment if any of the
following apply:
(1) A person is convicted of or pleads guilty to a
violent
sex
offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent
predator, if a.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after the effective date of this amendment January
2, 2007, and either the court does not impose a sentence of life
without parole when authorized pursuant to division (B) of section
2907.02 of the Revised Code, or division (B) of section 2907.02 of
the Revised Code provides that the court shall not sentence the
offender pursuant to section 2971.03 of the Revised Code, or if a.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after the effective date of this amendment
January 2, 2007, and a specification of the type described in
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code,
the court shall impose
sentence upon the offender in
accordance
with section 2971.03 of the Revised
Code, and Chapter
2971. of the
Revised Code applies regarding the prison term
or
term of life
imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment.
(4) A person is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code committed on or after the effective date of this amendment, and that section requires the court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(5) A person is convicted of or pleads guilty to aggravated murder committed on or after the effective date of this amendment, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires the court to sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code.
(6) A person is convicted of or pleads guilty to murder committed on or after the effective date of this amendment, and division (B)(2) of section 2929.02 of the Revised Code requires the court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(H) If a person who has been convicted of or pleaded guilty to a felony is sentenced to a prison term or term of imprisonment under this section, sections 2929.02 to 2929.06 of the Revised Code, section 2929.142 of the Revised Code, section 2971.03 of the Revised Code, or any other provision of law, section 5120.163 of the Revised Code applies regarding the person while the person is confined in a state correctional institution.
(I) If an offender who is convicted of or pleads guilty to a felony that is an offense of violence also is convicted of or pleads guilty to a specification of the type described in section 2941.142 of the Revised Code that charges the offender with having committed the felony while participating in a criminal gang, the court shall impose upon the offender an additional prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to aggravated murder, murder, or a felony of the first, second, or third degree that is an offense of violence also is convicted of or pleads guilty to a specification of the type described in section 2941.143 of the Revised Code that charges the offender with having committed the offense in a school safety zone or towards a person in a school safety zone, the court shall impose upon the offender an additional prison term of two years. The offender shall serve the additional two years consecutively to and prior to the prison term imposed for the underlying offense.
(K) At the time of sentencing, the court may recommend the offender for placement in a program of shock incarceration under section 5120.031 of the Revised Code or for placement in an intensive program prison under section 5120.032 of the Revised Code, disapprove placement of the offender in a program of shock incarceration or an intensive program prison of that nature, or make no recommendation on placement of the offender. In no case shall the department of rehabilitation and correction place the offender in a program or prison of that nature unless the department determines as specified in section 5120.031 or 5120.032 of the Revised Code, whichever is applicable, that the offender is eligible for the placement.
If the court disapproves placement of the offender in a program or prison of that nature, the department of rehabilitation and correction shall not place the offender in any program of shock incarceration or intensive program prison.
If the court recommends placement of the offender in a program of shock incarceration or in an intensive program prison, and if the offender is subsequently placed in the recommended program or prison, the department shall notify the court of the placement and shall include with the notice a brief description of the placement.
If the court recommends placement of the offender in a program of shock incarceration or in an intensive program prison and the department does not subsequently place the offender in the recommended program or prison, the department shall send a notice to the court indicating why the offender was not placed in the recommended program or prison.
If the court does not make a recommendation under this division with respect to an offender and if the department determines as specified in section 5120.031 or 5120.032 of the Revised Code, whichever is applicable, that the offender is eligible for placement in a program or prison of that nature, the department shall screen the offender and determine if there is an available program of shock incarceration or an intensive program prison for which the offender is suited. If there is an available program of shock incarceration or an intensive program prison for which the offender is suited, the department shall notify the court of the proposed placement of the offender as specified in section 5120.031 or 5120.032 of the Revised Code and shall include with the notice a brief description of the placement. The court shall have ten days from receipt of the notice to disapprove the placement.
(L) If a person is convicted of or pleads guilty to aggravated vehicular homicide in violation of division (A)(1) of section 2903.06 of the Revised Code and division (B)(2)(c) of that section applies, the person shall be sentenced pursuant to section 2929.142 of the Revised Code.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender.
(2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced on or
after January 1, 1997, for a
sexually oriented offense that is not
a registration-exempt sexually oriented offense and who is in any
category of offender described in division (B)(1)(a)(i), (ii), or
(iii) of section 2950.09 of the Revised Code, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
violent sex
offense or a designated homicide, assault, or kidnapping offense
and, in relation to that offense, the offender was adjudicated a
sexually violent predator, if the offender is being sentenced
under section 2971.03 of the Revised Code for a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after the effective date of this amendment, if the
offender is sentenced to a term of life without parole under
division (B) of section 2907.02 of the Revised Code, or if the
offender is being sentenced for attempted rape committed on or
after the effective date of this amendment and a specification of
the type described in section 2941.1418, 2941.1419, or 2941.1420
of the Revised Code. Before imposing sentence
on an
offender who
is being sentenced for a sexually oriented
offense that is not a
registration-exempt sexually oriented offense,
the court also
shall comply with division (E) of section
2950.09 of
the Revised
Code.
Before imposing sentence on or after July 31, 2003, on an
offender who is being sentenced for a child-victim oriented
offense, regardless of when the offense was committed, the court
shall conduct a hearing in accordance with division (B) of section
2950.091 of the Revised Code to determine whether the offender is
a child-victim predator. Before imposing sentence on an offender
who is being sentenced for a child-victim oriented offense, the
court also shall comply with division (E) of section 2950.091 of
the Revised Code.
(B)(1) At the sentencing hearing, the court, before imposing sentence, shall consider the record, any information presented at the hearing by any person pursuant to division (A) of this section, and, if one was prepared, the presentence investigation report made pursuant to section 2951.03 of the Revised Code or Criminal Rule 32.2, and any victim impact statement made pursuant to section 2947.051 of the Revised Code.
(2) The court shall impose a sentence and shall make a finding that gives its reasons for selecting the sentence imposed in any of the following circumstances:
(a) Unless the offense is a violent sex offense or designated homicide, assault, or kidnapping offense for which the court is required to impose sentence pursuant to division (G) of section 2929.14 of the Revised Code, if it imposes a prison term for a felony of the fourth or fifth degree or for a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and that is specified as being subject to division (B) of section 2929.13 of the Revised Code for purposes of sentencing, its reasons for imposing the prison term, based upon the overriding purposes and principles of felony sentencing set forth in section 2929.11 of the Revised Code, and any factors listed in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code that it found to apply relative to the offender.
(b) If it does not impose a prison term for a felony of the first or second degree or for a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and for which a presumption in favor of a prison term is specified as being applicable, its reasons for not imposing the prison term and for overriding the presumption, based upon the overriding purposes and principles of felony sentencing set forth in section 2929.11 of the Revised Code, and the basis of the findings it made under divisions (D)(1) and (2) of section 2929.13 of the Revised Code.
(c) If it imposes consecutive sentences under section 2929.14 of the Revised Code, its reasons for imposing the consecutive sentences;
(d) If the sentence is for one offense and it imposes a prison term for the offense that is the maximum prison term allowed for that offense by division (A) of section 2929.14 of the Revised Code or section 2929.142 of the Revised Code, its reasons for imposing the maximum prison term;
(e) If the sentence is for two or more offenses arising out of a single incident and it imposes a prison term for those offenses that is the maximum prison term allowed for the offense of the highest degree by division (A) of section 2929.14 of the Revised Code or section 2929.142 of the Revised Code, its reasons for imposing the maximum prison term.
(3) Subject to division (B)(4) of this section, if the sentencing court determines at the sentencing hearing that a prison term is necessary or required, the court shall do all of the following:
(a) Impose a stated prison term;
(b) Notify the offender that, as part of the sentence, the parole board may extend the stated prison term for certain violations of prison rules for up to one-half of the stated prison term;
(c) Notify the offender that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison if the offender is being sentenced for a felony of the first degree or second degree, for a felony sex offense, or for a felony of the third degree that is not a felony sex offense and in the commission of which the offender caused or threatened to cause physical harm to a person. If a court imposes a sentence including a prison term of a type described in division (B)(3)(c) of this section on or after July 11, 2006, the failure of a court to notify the offender pursuant to division (B)(3)(c) of this section that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the mandatory period of supervision that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in division (B)(3)(c) of this section and failed to notify the offender pursuant to division (B)(3)(c) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control.
(d) Notify the offender that the offender may be supervised under section 2967.28 of the Revised Code after the offender leaves prison if the offender is being sentenced for a felony of the third, fourth, or fifth degree that is not subject to division (B)(3)(c) of this section. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in division (B)(3)(d) of this section and failed to notify the offender pursuant to division (B)(3)(d) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control.
(e) Notify the offender that, if a period of supervision is imposed following the offender's release from prison, as described in division (B)(3)(c) or (d) of this section, and if the offender violates that supervision or a condition of post-release control imposed under division (B) of section 2967.131 of the Revised Code, the parole board may impose a prison term, as part of the sentence, of up to one-half of the stated prison term originally imposed upon the offender. If a court imposes a sentence including a prison term on or after July 11, 2006, the failure of a court to notify the offender pursuant to division (B)(3)(e) of this section that the parole board may impose a prison term as described in division (B)(3)(e) of this section for a violation of that supervision or a condition of post-release control imposed under division (B) of section 2967.131 of the Revised Code or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the authority of the parole board to so impose a prison term for a violation of that nature if, pursuant to division (D)(1) of section 2967.28 of the Revised Code, the parole board notifies the offender prior to the offender's release of the board's authority to so impose a prison term. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term and failed to notify the offender pursuant to division (B)(3)(e) of this section regarding the possibility of the parole board imposing a prison term for a violation of supervision or a condition of post-release control.
(f) Require that the offender not ingest or be injected with a drug of abuse and submit to random drug testing as provided in section 341.26, 753.33, or 5120.63 of the Revised Code, whichever is applicable to the offender who is serving a prison term, and require that the results of the drug test administered under any of those sections indicate that the offender did not ingest or was not injected with a drug of abuse.
(4) If the (a) The court shall include in the offender's
sentence a statement that the offender is a tier III sex
offender/child-victim offender, and the court shall comply with
the requirements of section 2950.03 of the Revised Code if any of
the following apply:
(i) The offender is being sentenced for a
violent sex
offense or designated homicide, assault, or kidnapping offense
that the offender committed on or after January 1,
1997,
and the
offender is adjudicated a
sexually
violent predator in relation to
that offense, if the.
(ii) The
offender is being sentenced
for
a
sexually oriented
offense that is not a registration-exempt sexually oriented
offense and that the offender
committed on or
after
January 1,
1997, and the court
imposing the sentence has
determined pursuant
to division (B) of
section 2950.09 of
the
Revised Code that the
offender is a sexual predator, if the tier III sex
offender/child-victim offender relative to that offense.
(iii) The offender is being sentenced on or after July 31,
2003, for a child-victim oriented offense, and the court imposing
the sentence has determined pursuant to division (B) of section
2950.091 of the Revised Code that the offender is a child-victim
predator,
if the
offender is being sentenced for an aggravated
sexually oriented
offense as defined in section 2950.01 of the
Revised Code, if the tier III sex offender/child-victim offender
relative to that offense.
(iv) The offender is being sentenced under section 2971.03 of
the Revised Code for a violation of division (A)(1)(b) of section
2907.02 of the Revised Code committed on or after the effective
date of this amendment, if the January 2, 2007.
(v) The offender is sentenced to a term of life without
parole under division (B) of section 2907.02 of the Revised Code,
or if the.
(vi) The offender is being sentenced for attempted rape
committed on or after the effective date of this amendment January
2, 2007, and a specification of the type described in section
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated a sexual
predator, has been
adjudicated a child victim predator,
or has been convicted of or
pleaded guilty
to an
aggravated sexually oriented offense,
whichever is
applicable, and
shall
comply with the requirements of
section
2950.03 of the
Revised
Code.
(vii) The offender is being sentenced under division (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code for an offense described in those divisions committed on or after the effective date of this amendment.
(b) Additionally, if any criterion set forth in divisions (B)(4)(a)(i) to (vii) of this section is satisfied, in the circumstances described in division (G) of section 2929.14 of the Revised Code, the court shall impose sentence on the offender as described in that division.
(5) If the sentencing court determines at the sentencing hearing that a community control sanction should be imposed and the court is not prohibited from imposing a community control sanction, the court shall impose a community control sanction. The court shall notify the offender that, if the conditions of the sanction are violated, if the offender commits a violation of any law, or if the offender leaves this state without the permission of the court or the offender's probation officer, the court may impose a longer time under the same sanction, may impose a more restrictive sanction, or may impose a prison term on the offender and shall indicate the specific prison term that may be imposed as a sanction for the violation, as selected by the court from the range of prison terms for the offense pursuant to section 2929.14 of the Revised Code.
(6) Before imposing a financial sanction under section 2929.18 of the Revised Code or a fine under section 2929.32 of the Revised Code, the court shall consider the offender's present and future ability to pay the amount of the sanction or fine.
(7) If the sentencing court sentences the offender to a sanction of confinement pursuant to section 2929.14 or 2929.16 of the Revised Code that is to be served in a local detention facility, as defined in section 2929.36 of the Revised Code, and if the local detention facility is covered by a policy adopted pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code and section 2929.37 of the Revised Code, both of the following apply:
(a) The court shall specify both of the following as part of the sentence:
(i) If the offender is presented with an itemized bill pursuant to section 2929.37 of the Revised Code for payment of the costs of confinement, the offender is required to pay the bill in accordance with that section.
(ii) If the offender does not dispute the bill described in division (B)(7)(a)(i) of this section and does not pay the bill by the times specified in section 2929.37 of the Revised Code, the clerk of the court may issue a certificate of judgment against the offender as described in that section.
(b) The sentence automatically includes any certificate of judgment issued as described in division (B)(7)(a)(ii) of this section.
(C)(1) If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code, the court shall impose the mandatory term of local incarceration in accordance with that division, shall impose a mandatory fine in accordance with division (B)(3) of section 2929.18 of the Revised Code, and, in addition, may impose additional sanctions as specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised Code. The court shall not impose a prison term on the offender except that the court may impose a prison term upon the offender as provided in division (A)(1) of section 2929.13 of the Revised Code.
(2) If the offender is being sentenced for a third or fourth degree felony OVI offense under division (G)(2) of section 2929.13 of the Revised Code, the court shall impose the mandatory prison term in accordance with that division, shall impose a mandatory fine in accordance with division (B)(3) of section 2929.18 of the Revised Code, and, in addition, may impose an additional prison term as specified in section 2929.14 of the Revised Code. In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the court also may impose a community control sanction on the offender, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
(D) The sentencing court, pursuant to division (K) of section 2929.14 of the Revised Code, may recommend placement of the offender in a program of shock incarceration under section 5120.031 of the Revised Code or an intensive program prison under section 5120.032 of the Revised Code, disapprove placement of the offender in a program or prison of that nature, or make no recommendation. If the court recommends or disapproves placement, it shall make a finding that gives its reasons for its recommendation or disapproval.
Sec. 2929.23. (A)
If an offender is being sentenced for a
sexually oriented offense or child-victim oriented offense that is
a misdemeanor
committed on or
after
January 1, 1997, and if the
judge imposing
sentence for the
sexually oriented offense
determines pursuant to
division (B) of
section 2950.09 of the
Revised Code that the
offender is a
sexual
predator tier III sex
offender/child-victim offender relative to the offense or the
offense is any offense listed in division (D)(1) to (3) of section
2901.07 of the Revised Code, the judge shall include in the
offender's sentence a
statement that
the offender has been
adjudicated a sexual
predator is a tier III sex
offender/child-victim offender, shall comply with the
requirements
of section 2950.03 of
the
Revised Code, and shall
require the
offender to submit to a
DNA specimen collection
procedure pursuant
to section 2901.07 of
the Revised Code.
(B) Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense that is a misdemeanor,
that was
committed
on or after January 1, 1997, and that is not a
registration-exempt sexually oriented offense, the judge shall
conduct a
hearing in accordance with division (B) of section
2950.09 of the
Revised Code to determine whether the offender is
a
sexual
predator. Before imposing sentence on an offender who is
being
sentenced for a sexually oriented offense that is not a
registration-exempt sexually oriented offense,
the court also
shall
comply with division (E) of section 2950.09
of the Revised
Code.
Before imposing sentence on or after the effective date of
this amendment on an offender who is being sentenced for a
child-victim oriented offense that is a misdemeanor, regardless of
when the offense was committed, the judge shall conduct a hearing
in accordance with division (B) of section 2950.091 of the Revised
Code to determine whether the offender is a child-victim predator.
Before imposing sentence on an offender who is being sentenced for
a child-victim oriented offense, the court also shall comply with
division (E) of section 2950.091 of the Revised Code.
(C) If an offender is being sentenced for a sexually
oriented
offense that is not a registration-exempt sexually oriented
offense or for a child-victim oriented offense that is a
misdemeanor committed on or after
January 1,
1997, the judge shall
include in the sentence a summary
of the offender's duties imposed
under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code and the
duration of
the duties. The judge shall
inform the offender, at
the time of
sentencing, of those duties
and of their duration and,
if. If required
under division (A)(2)
of
section 2950.03 of the
Revised Code, the judge
shall perform
the duties
specified in that section or, if required under
division (A)(6) of section 2950.03 of the Revised Code, the judge
shall perform the duties specified in that division.
Sec. 2930.16. (A) If a defendant is incarcerated, a victim in a case who has requested to receive notice under this section shall be given notice of the incarceration of the defendant. If an alleged juvenile offender is committed to the temporary custody of a school, camp, institution, or other facility operated for the care of delinquent children or to the legal custody of the department of youth services, a victim in a case who has requested to receive notice under this section shall be given notice of the commitment. Promptly after sentence is imposed upon the defendant or the commitment of the alleged juvenile offender is ordered, the prosecutor in the case shall notify the victim of the date on which the defendant will be released from confinement or the prosecutor's reasonable estimate of that date or the date on which the alleged juvenile offender will have served the minimum period of commitment or the prosecutor's reasonable estimate of that date. The prosecutor also shall notify the victim of the name of the custodial agency of the defendant or alleged juvenile offender and tell the victim how to contact that custodial agency. If the custodial agency is the department of rehabilitation and correction, the prosecutor shall notify the victim of the services offered by the office of victims' services pursuant to section 5120.60 of the Revised Code. If the custodial agency is the department of youth services, the prosecutor shall notify the victim of the services provided by the office of victims' services within the release authority of the department pursuant to section 5139.55 of the Revised Code and the victim's right pursuant to section 5139.56 of the Revised Code to submit a written request to the release authority to be notified of actions the release authority takes with respect to the alleged juvenile offender. The victim shall keep the custodial agency informed of the victim's current address and telephone number.
(B)(1) Upon the victim's request, the prosecutor promptly shall notify the victim of any hearing for judicial release of the defendant pursuant to section 2929.20 of the Revised Code or of any hearing for judicial release or early release of the alleged juvenile offender pursuant to section 2151.38 of the Revised Code and of the victim's right to make a statement under those sections. The court shall notify the victim of its ruling in each of those hearings and on each of those applications.
(2) If an offender is convicted of or pleads guilty to a
violent sex offense or designated homicide, assault, or kidnapping
offense, the offender is adjudicated a sexually violent
predator
in relation to that crime, and the offender is sentenced to a
prison term for that crime pursuant to division
(A)(3) or (B) of
section 2971.03 of the Revised Code, if an offender is convicted
of or pleads guilty to a violation of division (A)(1)(b) of
section 2907.02 of the Revised Code committed on or after the
effective date of this amendment, and the offender is sentenced to
a prison term for that offense pursuant to division (B)(1)(a),
(b), or (c) of section 2971.03 of the Revised Code, if an offender
is convicted of or pleads guilty to attempted rape committed on or
after the effective date of this amendment, the offender also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1418 of the Revised Code, and the
offender is sentenced to a prison term for that offense pursuant
to division (B)(2)(a) of section 2971.03 of the Revised Code, if
the offender is convicted of or pleads guilty to attempted rape
committed on or after the effective date of this amendment, the
offender also is convicted of or pleads guilty to a specification
of the type described in section 2941.1419 of the Revised Code,
and the offender is sentenced to a prison term for that offense
pursuant to division (B)(2)(b) of section 2971.03 of the Revised
Code, or if the offender is convicted of or pleads guilty to
attempted rape committed on or after the effective date of this
amendment, the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1420 of the
Revised Code, and the offender is sentenced to a prison term for
that offense pursuant to division (B)(2)(c) of section 2971.03 of
the Revised Code, upon the request of the victim of the crime, the
prosecutor promptly
shall notify the victim of any hearing to be
conducted pursuant
to section 2971.05 of the Revised Code to
determine whether to
modify the requirement that the offender
serve the entire prison
term in a state correctional facility in
accordance with
division (C) of that section,
whether to continue,
revise, or revoke any existing modification
of that requirement,
or whether to terminate the prison term in
accordance with
division (D) of
that section. The court shall notify the victim of
any order
issued at the conclusion of the hearing.
As used in
this
division:
(a) "Adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code and a person is
"adjudicated a sexually violent predator" in the same manner and
the same circumstances as are described in that section.
(b) "Designated homicide, assault, or kidnapping offense" and
"violent sex offense" have the same meanings as in section 2971.01
of the Revised Code.
(C) Upon the victim's request made at any time before the particular notice would be due, the custodial agency of a defendant or alleged juvenile offender shall give the victim any of the following notices that is applicable:
(1) At least three weeks before the adult parole authority recommends a pardon or commutation of sentence for the defendant or at least three weeks prior to a hearing before the adult parole authority regarding a grant of parole to the defendant, notice of the victim's right to submit a statement regarding the impact of the defendant's release in accordance with section 2967.12 of the Revised Code and, if applicable, of the victim's right to appear at a full board hearing of the parole board to give testimony as authorized by section 5149.101 of the Revised Code;
(2) At least three weeks before the defendant is transferred to transitional control under section 2967.26 of the Revised Code, notice of the pendency of the transfer and of the victim's right under that section to submit a statement regarding the impact of the transfer;
(3) At least thirty days before the release authority of the department of youth services holds a release review, release hearing, or discharge review for the alleged juvenile offender, notice of the pendency of the review or hearing, of the victim's right to make an oral or written statement regarding the impact of the crime upon the victim or regarding the possible release or discharge, and, if the notice pertains to a hearing, of the victim's right to attend and make statements or comments at the hearing as authorized by section 5139.56 of the Revised Code;
(4) Prompt notice of the defendant's or alleged juvenile offender's escape from a facility of the custodial agency in which the defendant was incarcerated or in which the alleged juvenile offender was placed after commitment, of the defendant's or alleged juvenile offender's absence without leave from a mental health or mental retardation and developmental disabilities facility or from other custody, and of the capture of the defendant or alleged juvenile offender after an escape or absence;
(5) Notice of the defendant's or alleged juvenile offender's death while in confinement or custody;
(6) Notice of the defendant's or alleged juvenile offender's release from confinement or custody and the terms and conditions of the release.
Sec. 2941.148. (A)(1) The application of Chapter 2971. of the Revised Code to an offender is precluded unless one of the following applies:
(a) The offender is charged with a violent sex offense, and the indictment, count in the indictment, or information charging the violent sex offense also includes a specification that the offender is a sexually violent predator, or the offender is charged with a designated homicide, assault, or kidnapping offense, and the indictment, count in the indictment, or information charging the designated homicide, assault, or kidnapping offense also includes both a specification of the type described in section 2941.147 of the Revised Code and a specification that the offender is a sexually violent predator.
(b) The offender is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after the effective date of this amendment
January 2, 2007, and division (B) of section 2907.02 of the
Revised Code does not prohibit the court from sentencing the
offender pursuant to section 2971.03 of the Revised Code.
(c) The offender is convicted of or pleads guilty to
attempted rape committed on or after the effective date of this
amendment January 2, 2007, and to a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.
(d) The offender is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code and to a specification of the type described in section 2941.147 of the Revised Code, and section 2905.01 of the Revised Code requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(e) The offender is convicted of or pleads guilty to aggravated murder and to a specification of the type described in section 2941.147 of the Revised Code, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires a court to sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code.
(f) The offender is convicted of or pleads guilty to murder and to a specification of the type described in section 2941.147 of the Revised Code, and division (B)(2) of section 2929.02 of the Revised Code requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(2) A specification required under division (A)(1)(a) of this section that an offender is a sexually violent predator shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"Specification (or, specification to the first count). The grand jury (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that the offender is a sexually violent predator."
(B) In determining for purposes of this section whether a person is a sexually violent predator, all of the factors set forth in divisions (H)(1) to (6) of section 2971.01 of the Revised Code that apply regarding the person may be considered as evidence tending to indicate that it is likely that the person will engage in the future in one or more sexually violent offenses.
(C) As used in this section, "designated homicide, assault, or kidnapping offense," "violent sex offense," and "sexually violent predator" have the same meanings as in section 2971.01 of the Revised Code.
Sec. 2950.01. As used in this chapter, unless the context clearly requires otherwise:
(A) "Sexually oriented offense" means any of the following violations or offenses committed by a person, regardless of the person's age:
(1) A violation of section 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code;
(2) A violation of section 2907.04 of the Revised Code when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct, the other person did not consent to the sexual conduct, and the offender previously has not been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code;
(3) A violation of section 2907.04 of the Revised Code when the offender is at least four years older than the other person with whom the offender engaged in sexual conduct or when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct and the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, or 2903.11 of the Revised Code when the violation was committed with a sexual motivation;
(5) A violation of division (A) of section 2903.04 of the Revised Code when the offender committed or attempted to commit the felony that is the basis of the violation with a sexual motivation;
(6) A violation of division (A)(3) of section 2903.211 of the Revised Code;
(7) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised Code when the offense is committed with a sexual motivation;
(8) A violation of division (A)(4) of section 2905.01 of the Revised Code;
(9) A violation of division (B) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age and the offender is not a parent of the victim of the offense;
(10) A violation of division (B) of section 2905.02, of division (B) of section 2905.03, of division (B) of section 2905.05, or of division (B)(5) of section 2919.22 of the Revised Code;
(11) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this section;
(12) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this section.
(B)(1) "Sex offender" means, subject to division (B)(2) of this section, a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing any sexually oriented offense.
(2) "Sex offender" does not include a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing a sexually oriented offense if the offense involves consensual sexual conduct or consensual sexual contact and either of the following applies:
(a) The victim of the sexually oriented offense was eighteen years of age or older and at the time of the sexually oriented offense was not under the custodial authority of the person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing the sexually oriented offense.
(b) The victim of the offense was thirteen years of age or older, and the person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing the sexually oriented offense is not more than four years older than the victim.
(C) "Child-victim oriented offense" means any of the following violations or offenses committed by a person, regardless of the person's age, when the victim is under eighteen years of age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised Code when the violation is not included in division (A)(7) of this section;
(2) A violation of division (A) of section 2905.02, division (A) of section 2905.03, or division (A) of section 2905.05 of the Revised Code;
(3) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (C)(1) or (2) of this section;
(4) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (C)(1), (2), or (3) of this section.
(D) "Child-victim offender" means a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing any child-victim oriented offense.
(E) "Tier I sex offender/child-victim offender" means any of the following:
(1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any of the following sexually oriented offenses:
(a) A violation of section 2907.06, 2907.07, 2907.08, or 2907.32 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct, the other person did not consent to the sexual conduct, and the offender previously has not been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code;
(c) A violation of division (A)(1), (2), (3), or (5) of section 2907.05 of the Revised Code;
(d) A violation of division (A)(3) of section 2907.323 of the Revised Code;
(e) A violation of division (A)(3) of section 2903.211, of division (B) of section 2905.03, or of division (B) of section 2905.05 of the Revised Code;
(f) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (E)(1)(a), (b), (c), (d), or (e) of this section;
(g) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (E)(1)(a), (b), (c), (d), (e), or (f) of this section.
(2) A child-victim offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to a child-victim oriented offense and who is not within either category of child-victim offender described in division (F)(2) or (G)(2) of this section.
(3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any sexually oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier I sex offender/child-victim offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any child-victim oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier I sex offender/child-victim offender relative to the offense.
(F) "Tier II sex offender/child-victim offender" means any of the following:
(1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any of the following sexually oriented offenses:
(a) A violation of section 2907.21, 2907.321, or 2907.322 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when the offender is at least four years older than the other person with whom the offender engaged in sexual conduct, or when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct and the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or former section 2907.12 of the Revised Code;
(c) A violation of division (A)(4) of section 2907.05 or of division (A)(1) or (2) of section 2907.323 of the Revised Code;
(d) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised Code when the offense is committed with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the Revised Code when the victim of the offense is eighteen years of age or older;
(f) A violation of division (B) of section 2905.02 or of division (B)(5) of section 2919.22 of the Revised Code;
(g) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (F)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the sex offender previously has been convicted of, pleaded guilty to, or has been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier I sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any child-victim oriented offense when the child-victim oriented offense is committed after the child-victim offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier I sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any sexually oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier II sex offender/child-victim offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any child-victim oriented offense and whom a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier II sex offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any category of tier II sex offender/child-victim offender set forth in division (F)(1), (2), (3), or (4) of this section, who prior to January 1, 2008, was adjudicated a delinquent child for committing a sexually oriented offense or child-victim oriented offense, and who prior to that date was determined to be a habitual sex offender or determined to be a habitual child-victim offender, unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified pursuant to section 2950.031 or 2950.032 of the Revised Code as a tier I sex offender/child-victim offender or a tier III sex offender/child-victim offender relative to the offense.
(b) A juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies the child a tier I sex offender/child-victim offender or a tier III sex offender/child-victim offender relative to the offense.
(G) "Tier III sex offender/child-victim offender" means any of the following:
(1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any of the following sexually oriented offenses:
(a) A violation of section 2907.02 or 2907.03 of the Revised Code;
(b) A violation of division (B) of section 2907.05 of the Revised Code;
(c) A violation of section 2903.01, 2903.02, or 2903.11 of the Revised Code when the violation was committed with a sexual motivation;
(d) A violation of division (A) of section 2903.04 of the Revised Code when the offender committed or attempted to commit the felony that is the basis of the violation with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age;
(f) A violation of division (B) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age and the offender is not a parent of the victim of the offense;
(g) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (G)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the sex offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier II sex offender/child-victim offender or a tier III sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any child-victim oriented offense when the child-victim oriented offense is committed after the child-victim offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier II sex offender/child-victim offender or a tier III sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any sexually oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier III sex offender/child-victim offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any child-victim oriented offense and whom a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier III sex offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any category of tier III sex offender/child-victim offender set forth in division (G)(1), (2), (3), or (4) of this section, who prior to January 1, 2008, was convicted of or pleaded guilty to a sexually oriented offense or child-victim oriented offense or was adjudicated a delinquent child for committing a sexually oriented offense or child-victim oriented offense and classified a juvenile offender registrant, and who prior to that date was adjudicated a sexual predator or adjudicated a child-victim predator, unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified pursuant to section 2950.031 or 2950.032 of the Revised Code as a tier I sex offender/child-victim offender or a tier II sex offender/child-victim offender relative to the offense.
(b) The sex offender or child-victim offender is a delinquent child, and a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies the child a tier I sex offender/child-victim offender or a tier II sex offender/child-victim offender relative to the offense.
(6) A sex offender who is convicted of, pleads guilty to, was convicted of, or pleaded guilty to a sexually oriented offense, if the sexually oriented offense and the circumstances in which it was committed are such that division (F) of section 2971.03 of the Revised Code automatically classifies the offender as a tier III sex offender/child-victim offender;
(7) A sex offender or child-victim offender who is convicted of, pleads guilty to, was convicted of, pleaded guilty to, is adjudicated a delinquent child for committing, or was adjudicated a delinquent child for committing a sexually oriented offense or child-victim offense in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States if both of the following apply:
(a) Under the law of the jurisdiction in which the offender was convicted or pleaded guilty or the delinquent child was adjudicated, the offender or delinquent child is in a category substantially equivalent to a category of tier III sex offender/child-victim offender described in division (G)(1), (2), (3), (4), (5), or (6) of this section.
(b) Subsequent to the conviction, plea of guilty, or adjudication in the other jurisdiction, the offender or delinquent child resides, has temporary domicile, attends school or an institution of higher education, is employed, or intends to reside in this state in any manner and for any period of time that subjects the offender or delinquent child to a duty to register or provide notice of intent to reside under section 2950.04 or 2950.041 of the Revised Code.
(H) "Confinement" includes, but is not limited to, a community residential sanction imposed pursuant to section 2929.16 or 2929.26 of the Revised Code.
(B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
to whom both
of the following apply:
(1) The person is convicted of or pleads guilty to a
sexually
oriented offense that is not a registration-exempt sexually
oriented offense, or the person is adjudicated a
delinquent
child
for committing on or after
January 1, 2002, a
sexually oriented
offense that is not a registration-exempt sexually oriented
offense, was
fourteen years of
age or older at
the time of
committing the
offense, and is
classified a juvenile
sex offender
registrant
based on
that
adjudication.
(2) One of the following applies to the person:
(a) Regarding a person who is an offender, the person
previously
was convicted of or pleaded
guilty to one or
more
sexually oriented offenses or child-victim oriented offenses
or
previously
was adjudicated a
delinquent
child for
committing one
or more
sexually oriented
offenses or child-victim oriented
offenses
and was
classified a
juvenile offender registrant or
out-of-state
juvenile
offender registrant based on one or more
of
those
adjudications,
regardless of when the offense was
committed
and
regardless of the
person's age at the time of
committing the
offense.
(b) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more sexually oriented offenses or
child-victim oriented offenses,
regardless of when the offense was
committed and regardless of the
person's age at the time of
committing the offense.
(C)(I) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(D) "Sexually oriented offense" means any
of the following:
(1)
Any of
the
following
violations or offenses
committed by
a person
eighteen years of age or older:
(a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the
Revised
Code;
(b) Any of the following offenses involving a minor, in
the
circumstances specified:
(i) A violation of division (A)(4) of section 2905.01 or
section 2907.04, 2907.06, or 2907.08 of the
Revised Code,
when the
victim
of the offense is under eighteen
years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code;
(iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code;
(v) A violation of division (B)(5) of section 2919.22 of
the
Revised Code when the child who is involved in the offense is
under eighteen years of age;
(vi) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01, of section 2903.211, 2905.02, 2905.03, or
2905.05, or of former section 2905.04 of the Revised Code, when
the victim of the offense is under eighteen years of age and the
offense is committed with a sexual motivation.
(c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a sexual motivation;
(d) A violent sex offense, or a designated homicide, assault,
or kidnapping offense if the offender also was convicted of or
pleaded guilty to a sexual motivation specification that was
included in the indictment, count in the indictment, or
information charging the designated homicide, assault, or
kidnapping offense;
(e) A violation of section 2907.06 or 2907.08 of the Revised
Code when the victim of the offense is eighteen years of age or
older, or a violation of section 2903.211 of the Revised Code when
the victim of the offense is eighteen years of age or older and
the offense is committed with a sexual motivation;
(f) A violation of any former law of this state, any
existing
or former municipal
ordinance
or law of another state or
the
United States,
any existing or former law applicable in a
military
court or
in an
Indian tribal court, or any existing or former law
of any nation other than the United States, that
is or was
substantially equivalent to any
offense listed in
division
(D)(1)(a),
(b), (c),
(d), or (e) of this
section;
(g) An attempt to commit, conspiracy to commit, or
complicity
in committing any offense listed in division (D)(1)(a),
(b), (c),
(d),
(e), or (f) of this section.
(2) An act committed by a person under eighteen years of age
that is
any of the following:
(a)
Subject to
division (D)(2)(i) of this section,
regardless
of the age of the
victim of the
violation, a violation
of section
2907.02, 2907.03,
2907.05, or 2907.07 of
the Revised Code;
(b) Subject to division (D)(2)(i) of this section, any of
the
following acts involving a minor in the circumstances
specified:
(i) A violation of division (A)(4) of section 2905.01 or
section 2907.06 or 2907.08 of the
Revised
Code,
when the
victim
of the violation is under eighteen years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (B)(5) of section 2919.22 of
the Revised Code when the child who is involved in the violation
is under eighteen years of age;
(iv) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01, section 2903.211, or former section 2905.04 of
the Revised Code, when the victim of the violation is under
eighteen years of age and the offense is committed with a sexual
motivation.
(c) Subject to division (D)(2)(i) of this section, any
of the
following:
(i) Any violent sex offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(ii) Any designated homicide, assault, or kidnapping offense
if that offense, if committed by an adult, would be a felony of
the first, second, third, or fourth degree and if the court
determined that, if the child was an adult, the child would be
guilty of a sexual motivation specification regarding that
offense.
(d) Subject to division (D)(2)(i) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
sexual
motivation;
(e) Subject to division (D)(2)(i) of this section, a
violation of division (A)(1) or (3) of section 2907.321, division
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of
section 2907.323 of the Revised Code, or an attempt to violate any
of those divisions, if the person who violates or attempts to
violate the division is four or more years older than the minor
who is the victim of the
violation;
(f) Subject to division (D)(2)(i) of this section, a
violation of section 2907.06 or 2907.08 of the Revised Code when
the victim of the violation is eighteen years of age or older, or
a violation of section 2903.211 of the Revised Code when the
victim of the violation is eighteen years of age or older and the
offense is committed with a sexual motivation;
(g) Subject to division (D)(2)(i) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
any existing or former law applicable in a military court or in
an
Indian tribal court, or any existing or former law of any nation
other than the United States, that is or was substantially
equivalent to
any offense listed in division (D)(2)(a), (b), (c),
(d), (e), or (f) of
this section and that, if committed by an
adult, would be a felony
of the first, second, third, or fourth
degree;
(h) Subject to division (D)(2)(i) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (D)(2)(a), (b), (c),
(d), (e), (f), or (g) of this section;
(i) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (D)(1)(a), (b), (c), (d), (e),
(f), or (g) of this section or would be any offense listed in any
of those
divisions if committed by an adult.
(E) "Sexual predator" means a person
to whom either of
the
following applies:
(1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense that is not a
registration-exempt sexually oriented offense and is likely to
engage
in
the future in one or more sexually oriented offenses.
(2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense that is not a
registration-exempt sexually oriented offense, was fourteen years
of age
or older at
the time of committing the offense, was
classified a
juvenile
offender registrant based on that
adjudication, and
is
likely to engage in the future in one or more
sexually oriented
offenses.
(F)(J) "Supervised release" means a release
of an offender
from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, under a community control sanction, under transitional control, or under a post-release control sanction, and it requires the person to report to or be supervised by a parole officer, probation officer, field officer, or another type of supervising officer.
(2) The release is any type of release that is not described
in division (F)(J)(1) of this section and that requires the person
to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.
(G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
or "adjudicated a sexual predator" if any of
the following applies
and if, regarding a delinquent child, that
status has not been removed
pursuant to section 2152.84, 2152.85,
or 2950.09 of the Revised
Code:
(1) The offender is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is not a registration-exempt sexually oriented
offense, and any of the following apply:
(a) The sexually oriented offense is a violent sex offense or
a designated homicide, assault, or kidnapping offense, and the
offender is adjudicated a sexually violent predator in relation to
that offense.
(b) The sexually oriented offense is a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code committed on or
after the effective date of this amendment, and either the
offender is sentenced under section 2971.03 of the Revised Code or
a sentence of life without parole is imposed under division (B) of
section 2907.02 of the Revised Code.
(c) The sexually oriented offense is attempted rape committed
on or after the effective date of this amendment, and the offender
also was convicted of or pleaded guilty to a specification of the
type described in section 2941.1418, 2941.1419, or 2941.1420 of
the Revised Code.
(2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense that is not a registration-exempt
sexually oriented offense, and the sentencing judge
determines
pursuant to division (B) of section 2950.09 of the
Revised Code
that the offender is a sexual predator.
(3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense that is not a
registration-exempt sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has
been
classified a juvenile offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to
section
2152.82, 2152.83,
2152.84,
or
2152.85
of
the
Revised
Code that the
delinquent child
is a
sexual
predator.
(4) Prior to January 1, 1997, the offender was convicted
of
or pleaded guilty to, and was sentenced for, a sexually
oriented
offense that is not a registration-exempt sexually oriented
offense, the offender is imprisoned in a state
correctional
institution on or after January 1, 1997, and the
court determines
pursuant to division (C) of section 2950.09 of
the Revised Code
that the offender is a sexual predator.
(5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
has been convicted of or pleaded guilty to,
or
is adjudicated a
delinquent child for committing a sexually
oriented offense that is not a registration-exempt sexually
oriented offense in
another state, in a federal court, military
court, or Indian
tribal court, or in a court in any nation other
than the United States, as a result of that conviction,
plea of
guilty,
or adjudication, the offender
or delinquent
child
is
required,
under the law of the jurisdiction in which the
offender
was
convicted or pleaded guilty
or the delinquent child
was
adjudicated, to register as a sex offender until the
offender's
or
delinquent child's death, and, on or after July 1, 1997,
for
offenders or
January 1, 2002, for
delinquent children, the
offender
or
delinquent
child moves to and
resides in this state or
temporarily
is
domiciled in this state
for more than five days or
the offender is required under section 2950.04 of the Revised Code
to register a school, institution of higher education, or place of
employment address in this state,
unless a
court
of common pleas
or
juvenile court determines that
the
offender
or delinquent
child
is
not a sexual predator pursuant
to
division (F) of section
2950.09
of the Revised Code.
(H)(K) "Sexually violent predator specification," "sexually
violent predator," "sexually
violent offense," "sexual motivation
specification," "designated homicide, assault, or kidnapping
offense," and "violent sex offense" have the same meanings as in
section 2971.01 of
the Revised Code.
(I)(L) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(J)(M) "Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense, who
is fourteen years of age
or older at the
time of committing the
offense, and who a juvenile
court judge,
pursuant to an order
issued under section 2152.82,
2152.83,
2152.84, or 2152.85, or 2152.86 of the
Revised Code, classifies
a
juvenile
offender registrant and
specifies has a duty to
comply
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code if the child committed a sexually oriented offense or
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code
if the child committed a child-victim oriented offense. "Juvenile
offender registrant" includes a person who prior to January 1,
2008, was a "juvenile offender registrant" under the definition of
the term in existence prior to January 1, 2008, and a person who,
prior to July 31, 2003, was a "juvenile sex offender registrant"
under the former definition of that former term.
(K)(N) "Public registry-qualified juvenile offender
registrant" means a person who is adjudicated a delinquent child
and on whom a juvenile
court has imposed a serious youthful
offender dispositional
sentence under section 2152.13 of the
Revised Code
before, on, or after January 1, 2008, and to whom all
of the
following apply:
(1) The person is adjudicated a delinquent child for committing, attempting to commit, conspiring to commit, or complicity in committing one of the following acts:
(a) A violation of section 2907.02 of the Revised Code, division (B) of section 2907.05 of the Revised Code, or section 2907.03 of the Revised Code if the victim of the violation was less than twelve years of age;
(b) A violation of section 2903.01, 2903.02, or 2905.01 of the Revised Code that was committed with a purpose to gratify the sexual needs or desires of the child.
(2) The person was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the act.
(3) A juvenile court judge, pursuant to an order issued under section 2152.86 of the Revised Code, classifies the person a juvenile offender registrant, specifies the person has a duty to comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code, and classifies the person a public registry-qualified juvenile offender registrant, and the classification of the person as a public registry-qualified juvenile offender registrant has not been terminated pursuant to division (D) of section 2152.86 of the Revised Code.
(O) "Secure facility" means any facility that is designed and operated to ensure that all of its entrances and exits are locked and under the exclusive control of its staff and to ensure that, because of that exclusive control, no person who is institutionalized or confined in the facility may leave the facility without permission or supervision.
(L)(P) "Out-of-state juvenile offender registrant" means a
person who is adjudicated a delinquent child in a court in another
state, in a federal court,
military court, or Indian tribal court,
or in a court in any nation other than the United States for
committing a sexually oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense, who on or after
January 1,
2002, moves to and
resides in this
state or temporarily is
domiciled in this state
for more than
five days, and who has a duty under
section 2950.04
or 2950.041 of the
Revised Code to register in this
state and the
duty to otherwise comply with that applicable section and sections
2950.05 and 2950.06 of the Revised Code if the child committed a
sexually oriented offense or has a duty under section 2950.041 of
the Revised Code to register in this state and the duty to
otherwise comply with that section and sections 2950.05 and
2950.06 of the Revised Code if the child committed a child-victim
oriented offense. "Out-of-state juvenile offender registrant"
includes a person who prior to January 1, 2008, was an
"out-of-state juvenile offender registrant" under the definition
of the term in existence prior to January 1, 2008, and a person
who, prior to July 31, 2003, was an "out-of-state juvenile sex
offender registrant" under the former definition of that former
term.
(M)(Q) "Juvenile court judge" includes a magistrate to whom
the
juvenile court judge confers duties pursuant to division
(A)(15)
of section 2151.23 of the Revised Code.
(N)(R) "Adjudicated a delinquent child for committing a
sexually
oriented offense" includes a child who receives a serious
youthful
offender dispositional sentence under section 2152.13 of
the
Revised Code for committing a sexually oriented offense.
(O) "Aggravated sexually oriented offense" means a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after June 13, 2002, or a violation of division
(A)(2) of that section committed on or after July 31, 2003.
(P)(1) "Presumptive registration-exempt sexually oriented
offense" means any of the following sexually oriented offenses
described in division (P)(1)(a), (b), (c), (d), or (e) of this
section, when the offense is committed by a person who previously
has not been convicted of, pleaded guilty to, or adjudicated a
delinquent child for committing any sexually oriented offense
described in division (P)(1)(a), (b), (c), (d), or (e) of this
section, any other sexually oriented offense, or any child-victim
oriented offense and when the victim or intended victim of the
offense is eighteen years of age or older:
(a) Any sexually oriented offense listed in division
(D)(1)(e) or (D)(2)(f) of this section committed by a person who
is eighteen years of age or older or, subject to division
(P)(1)(e) of this section, committed by a person who is under
eighteen years of age;
(b) Any violation of any former law of this state, any
existing or former municipal ordinance or law of another state or
the United States, any existing or former law applicable in a
military court or in an Indian tribal court, or any existing or
former law of any nation other than the United States that is
committed by a person who is eighteen years of age or older and
that is or was substantially equivalent to any sexually oriented
offense listed in division (P)(1)(a) of this section;
(c) Subject to division (P)(1)(e) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
any existing or former law applicable in a military court or in an
Indian tribal court, or any existing or former law of any nation
other than the United States that is committed by a person who is
under eighteen years of age, that is or was substantially
equivalent to any sexually oriented offense listed in division
(P)(1)(a) of this section, and that would be a felony of the
fourth degree if committed by an adult;
(d) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (P)(1)(a)
or (b) of this section if the person is eighteen years of age or
older or, subject to division (P)(1)(e) of this section, listed in
division (P)(1)(a) or (c) of this section if the person is under
eighteen years of age.
(e) Regarding an act committed by a person under eighteen
years of age, if the child's case has been transferred for
criminal prosecution under section 2152.12 of the Revised Code,
the act is any sexually oriented offense listed in division
(P)(1)(a), (b), or (d) of this section.
(2) "Presumptive registration-exempt sexually oriented
offense" does not include any sexually oriented offense described
in division (P)(1)(a), (b), (c), (d), or (e) of this section that
is committed by a person who previously has been convicted of,
pleaded guilty to, or adjudicated a delinquent child for
committing any sexually oriented offense described in division
(P)(1)(a), (b), (c), (d), or (e) of this section or any other
sexually oriented offense.
(Q)(1) "Registration-exempt sexually oriented offense" means
any presumptive registration-exempt sexually oriented offense, if
a court does not issue an order under section 2950.021 of the
Revised Code that removes the presumptive exemption and subjects
the offender who was convicted of or pleaded guilty to the offense
to registration under section 2950.04 of the Revised Code and all
other duties and responsibilities generally imposed under this
chapter upon persons who are convicted of or plead guilty to any
sexually oriented offense other than a presumptive
registration-exempt sexually oriented offense or that removes the
presumptive exemption and potentially subjects the child who was
adjudicated a delinquent child for committing the offense to
classification as a juvenile offender registrant under section
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to
registration under section 2950.04 of the Revised Code and all
other duties and responsibilities generally imposed under this
chapter upon persons who are adjudicated delinquent children for
committing a sexually oriented offense other than a presumptive
registration-exempt sexually oriented offense.
(2) "Registration-exempt sexually oriented offense" does not
include a presumptive registration-exempt sexually oriented
offense if a court issues an order under section 2950.021 of the
Revised Code that removes the presumptive exemption and subjects
the offender or potentially subjects the delinquent child to the
duties and responsibilities described in division (Q)(1) of this
section.
(R)(S)
"School" and "school premises" have the same meanings
as in section 2925.01 of the Revised Code.
(S)(1) "Child-victim oriented offense" means any of the
following:
(a) Subject to division (S)(2) of this section, any of the
following violations or offenses committed by a person eighteen
years of age or older, when the victim of the violation is under
eighteen years of age and is not a child of the person who commits
the violation:
(i) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of
former section 2905.04 of the Revised Code;
(ii) A violation of any former law of this state, any
existing or former municipal ordinance or law of another state or
the United States, any existing or former law applicable in a
military court or in an Indian tribal court, or any existing or
former law of any nation other than the United States, that is or
was substantially equivalent to any offense listed in division
(S)(1)(a)(i) of this section;
(iii) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division
(S)(1)(a)(i) or (ii) of this section.
(b) Subject to division (S)(2) of this section, an act
committed by a person under eighteen years of age that is any of
the following, when the victim of the violation is under eighteen
years of age and is not a child of the person who commits the
violation:
(i) Subject to division (S)(1)(b)(iv) of this section, a
violation of division (A)(1), (2), (3), or (5) of section 2905.01
or of former section 2905.04 of the Revised Code;
(ii) Subject to division (S)(1)(b)(iv) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
any existing or former law applicable in a military court or in an
Indian tribal court, or any existing or former law of any nation
other than the United States, that is or was substantially
equivalent to any offense listed in division (S)(1)(b)(i) of this
section and that, if committed by an adult, would be a felony of
the first, second, third, or fourth degree;
(iii) Subject to division (S)(1)(b)(iv) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (S)(1)(b)(i) or (ii) of
this section;
(iv) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of
this section or would be any offense listed in any of those
divisions if committed by an adult.
(2) "Child-victim oriented offense" does not include any
offense identified in division (S)(1)(a) or (b) of this section
that is a sexually violent offense. An offense identified in
division (S)(1)(a) or (b) of this section that is a sexually
violent offense is within the definition of a sexually oriented
offense.
(T)(1) "Habitual child-victim offender" means, except when a
juvenile judge removes this classification pursuant to division
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of
the Revised Code, a person to whom both of the following apply:
(a) The person is convicted of or pleads guilty to a
child-victim oriented offense, or the person is adjudicated a
delinquent child for committing on or after January 1, 2002, a
child-victim oriented offense, was fourteen years of age or older
at the time of committing the offense, and is classified a
juvenile offender registrant based on that adjudication.
(b) One of the following applies to the person:
(i) Regarding a person who is an offender, the person
previously was convicted of or pleaded guilty to one or more
child-victim oriented offenses or previously was adjudicated a
delinquent child for committing one or more child-victim oriented
offenses and was classified a juvenile offender registrant or
out-of-state juvenile offender registrant based on one or more of
those adjudications, regardless of when the offense was committed
and regardless of the person's age at the time of committing the
offense.
(ii) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more child-victim oriented offenses,
regardless of when the offense was committed and regardless of the
person's age at the time of committing the offense.
(2) "Habitual child-victim offender" includes a person who
has been convicted of, pleaded guilty to, or adjudicated a
delinquent child for committing, a child-victim oriented offense
and who, on and after July 31, 2003, is automatically classified a
habitual child-victim offender pursuant to division (E) of section
2950.091 of the Revised Code.
(U) "Child-victim predator" means a person to whom either of
the following applies:
(1) The person has been convicted of or pleaded guilty to
committing a child-victim oriented offense and is likely to engage
in the future in one or more child-victim oriented offenses.
(2) The person has been adjudicated a delinquent child for
committing a child-victim oriented offense, was fourteen years of
age or older at the time of committing the offense, was classified
a juvenile offender registrant based on that adjudication, and is
likely to engage in the future in one or more child-victim
oriented offenses.
(V) An offender or delinquent child is "adjudicated as being
a child-victim predator" or "adjudicated a child-victim predator"
if any of the following applies and if, regarding a delinquent
child, that status has not been removed pursuant to section
2152.84, 2152.85, or 2950.09 of the Revised Code:
(1) The offender or delinquent child has been convicted of,
pleaded guilty to, or adjudicated a delinquent child for
committing, a child-victim oriented offense and, on and after July
31, 2003, is automatically classified a child-victim predator
pursuant to division (A) of section 2950.091 of the Revised Code.
(2) Regardless of when the child-victim oriented offense was
committed, on or after July 31, 2003, the offender is sentenced
for a child-victim oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.091 of the
Revised Code that the offender is a child-victim predator.
(3) The delinquent child is adjudicated a delinquent child
for committing a child-victim oriented offense, was fourteen years
of age or older at the time of committing the offense, and has
been classified a juvenile offender registrant based on that
adjudication, and the adjudicating judge or that judge's successor
in office determines pursuant to division (B) of section 2950.09
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of
the Revised Code that the delinquent child is a child-victim
predator.
(4) Prior to July 31, 2003, the offender was convicted of or
pleaded guilty to a child-victim oriented offense, at the time of
the conviction or guilty plea, the offense was considered a
sexually oriented offense, on or after July 31, 2003, the offender
is serving a term of imprisonment in a state correctional
institution, and the court determines pursuant to division (C) of
section 2950.091 of the Revised Code that the offender is a
child-victim predator.
(5) Regardless of when the child-victim oriented offense was
committed, the offender or delinquent child is convicted, pleads
guilty, has been convicted, pleaded guilty, or adjudicated a
delinquent child in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any
nation other than the United States for committing a child-victim
oriented offense, as a result of that conviction, plea of guilty,
or adjudication, the offender or delinquent child is required
under the law of the jurisdiction in which the offender was
convicted or pleaded guilty or the delinquent child was
adjudicated, to register as a child-victim offender or sex
offender until the offender's or delinquent child's death, and, on
or after July 1, 1997, for offenders or January 1, 2002, for
delinquent children the offender or delinquent child moves to and
resides in this state or temporarily is domiciled in this state
for more than five days or the offender is required under section
2950.041 of the Revised Code to register a school, institution of
higher education, or place of employment address in this state,
unless a court of common pleas or juvenile court determines that
the offender or delinquent child is not a child-victim predator
pursuant to division (F) of section 2950.091 of the Revised Code.
(W)(T) "Residential premises" means the building in which a
residential unit is located and the grounds upon which that
building stands, extending to the perimeter of the property.
"Residential premises" includes any type of structure in which a
residential unit is located, including, but not limited to,
multi-unit buildings and mobile and manufactured homes.
(X)(U) "Residential unit" means a dwelling unit for
residential use and occupancy, and includes the structure or part
of a structure that is used as a home, residence, or sleeping
place by one person who maintains a household or two or more
persons who maintain a common household. "Residential unit" does
not include a halfway house or a community-based correctional
facility.
(Y)(V) "Multi-unit building" means a building in which is
located more than twelve residential units that have entry doors
that open directly into the unit from a hallway that is shared
with one or more other units. A residential unit is not considered
located in a multi-unit building if the unit does not have an
entry door that opens directly into the unit from a hallway that
is shared with one or more other units or if the unit is in a
building that is not a multi-unit building as described in this
division.
(Z)(W) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(AA)(X) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.
(BB) "Adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code, and a person is
"adjudicated a sexually violent predator" in the same manner and
the same circumstances as are described in that section.
Sec. 2950.011. Except as specifically provided to the contrary in sections 2950.02 to 2950.99 of the Revised Code, all references in any of those sections to "sexually oriented offense" include, in addition to the violations specified in division (A) of section 2950.01 of the Revised Code on and after January 1, 2008, any sexually oriented offense, as that term was defined in section 2950.01 of the Revised Code prior to January 1, 2008, that was committed prior to that date and that was not a registration exempt sexually oriented offense, as that term was defined in that section prior to January 1, 2008.
Except as specifically provided to the contrary in sections 2950.02 to 2950.99 of the Revised Code, all references in any of those sections to "child-victim oriented offense" include, in addition to the violations specified in division (C) of section 2950.01 of the Revised Code on and after January 1, 2008, any child-victim oriented offense, as that term was defined in section 2950.01 of the Revised Code prior to January 1, 2008, that was committed prior to that date.
Sec. 2950.02. (A) The general assembly hereby determines and declares that it recognizes and finds all of the following:
(1) If the public is provided adequate notice and
information
about
offenders
and delinquent children who
commit
sexually
oriented offenses that are not registration-exempt sexually
oriented offenses or who commit child-victim oriented offenses,
members of the public
and
communities
can
develop constructive
plans to prepare themselves
and their
children for the
offender's
or
delinquent child's
release from
imprisonment,
a prison term, or
other
confinement
or detention.
This allows
members of the public
and
communities to meet with
members of law
enforcement agencies
to prepare and obtain
information about
the
rights and
responsibilities of the public
and the communities and
to
provide
education and counseling to
their children.
(2) Sex offenders and offenders who commit child-victim
oriented offenses
offenders pose a
risk of engaging in further
sexually abusive behavior even after being released
from
imprisonment, a prison term, or other confinement
or
detention,
and
protection of
members of the public from sex offenders and
offenders who commit child-victim oriented offenses offenders is a
paramount governmental
interest.
(3) The penal, juvenile, and mental health components of the justice system of this state are largely hidden from public view, and a lack of information from any component may result in the failure of the system to satisfy this paramount governmental interest of public safety described in division (A)(2) of this section.
(4) Overly restrictive confidentiality and liability laws
governing
the release of information about sex
offenders and
offenders who commit child-victim oriented offenses offenders have
reduced the willingness to release
information that could be
appropriately released under the public
disclosure laws and have
increased risks of public safety.
(5) A person who is found to be a sex offender or to have
committed a child-victim oriented offense offender has a reduced
expectation of privacy because
of the public's interest in public
safety and in the effective
operation of
government.
(6) The release of information about sex offenders and
offenders who commit child-victim oriented offenses offenders to
public agencies and the general public
will further the
governmental interests of public safety and
public scrutiny
of the
criminal,
juvenile, and mental health
systems as
long as the
information released
is rationally related
to the furtherance of
those goals.
(B) The general assembly hereby
declares that, in providing
in this chapter for registration regarding
offenders
and certain
delinquent
children who
have
committed sexually oriented offenses
that are not registration-exempt sexually oriented offenses or who
have committed child-victim oriented offenses and for
community
notification regarding
sexual predators, child-victim predators,
habitual sex
offenders, and habitual child-victim offenders
tier
III sex offenders/child-victim offenders who are criminal
offenders, public registry-qualified juvenile offender
registrants, and certain other juvenile offender registrants who
are about to be or have been released from
imprisonment, a
prison
term, or other confinement
or detention and
who
will live
in
or
near
a particular neighborhood or who
otherwise will live in
or
near a particular
neighborhood, it is
the general assembly's
intent to protect the safety and
general
welfare of the people of
this state. The general assembly further
declares that it is the
policy of this state to require the
exchange in
accordance with
this chapter of relevant information
about sex offenders and
offenders who commit child-victim oriented offenses offenders
among public
agencies and
officials and to
authorize the release
in accordance
with this chapter of
necessary
and relevant
information about
sex
offenders and offenders who commit
child-victim oriented offenses offenders to members of the
general
public as a means of
assuring
public protection and that
the
exchange or release of that
information is not punitive.
Sec. 2950.03. (A) Each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a
sexually oriented
offense that is not a registration-exempt
sexually or a child-victim oriented offense and who has a duty to
register pursuant
to section 2950.04
or 2950.041 of the Revised
Code, and each person who is
adjudicated a delinquent child for
committing a
sexually oriented
offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense and who is classified a juvenile
offender
registrant based on
that adjudication, each person who has been
convicted of, is convicted of, has pleaded guilty to, or pleads
guilty to a child-victim oriented offense and has a duty to
register pursuant to section 2950.041 of the Revised Code, and
each person who is adjudicated a delinquent child for committing a
child-victim oriented offense and who is classified a juvenile
offender registrant based on that adjudication shall be
provided
notice in accordance with
this section of the offender's
or
delinquent child's duties imposed under sections
2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code and of the
offender's duties to similarly register, provide notice of a
change, and verify addresses in another state if the offender
resides, is temporarily domiciled, attends a school or institution
of higher education, or is employed in a state other than this
state. A person who has been convicted of, is convicted of, has
pleaded guilty to, or pleads guilty to a sexually oriented offense
that is a registration-exempt sexually oriented offense, and a
person who is or has been adjudicated a delinquent child for
committing a sexually oriented offense that is a
registration-exempt sexually oriented offense, does not have a
duty to register under section 2950.04 of the Revised Code based
on that conviction, guilty plea, or adjudication, and no notice is
required to be provided to that person under this division based
on that conviction, guilty plea, or adjudication. The following
official shall
provide the notice required under this division to
the specified person at the
following time:
(1) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the
person
is an offender
who is sentenced
for the sexually
oriented offense
or child-victim oriented offense to a prison term, a term of
imprisonment, or any
other type of confinement for any offense,
and if, on or
after January 1, 1997 2008,
the offender is serving
that term or
is
under that confinement, subject to division
(A)(5) of this
section,
the official in charge of the jail,
workhouse, state
correctional
institution, or other institution
in
which the
offender serves the
prison term, term of
imprisonment,
or
confinement, or a designee
of that official,
shall provide the
notice to the offender before
the offender is
released pursuant to
any type of supervised
release or before the
offender otherwise is
released from the
prison term, term of
imprisonment, or
confinement. This division applies to a
child-victim oriented
offense if the offender is sentenced for
the offense on or after
July 31, 2003, or if, prior to July 31,
2003, the child-victim
oriented offense was a sexually oriented
offense and the offender
was sentenced as described in this
division for the child-victim
oriented offense when it was
designated a sexually oriented
offense. If a person was provided
notice under this division prior
to July 31, 2003, in relation to
an offense that, prior to July
31, 2003, was a sexually oriented
offense but that, on and after
July 31, 2003, is a child-victim
oriented offense, the notice
provided under this division shall
suffice for purposes of this
section as notice to the offender of
the offender's duties under
sections 2950.041, 2950.05, and
2950.06 of the Revised Code
imposed as a result of the conviction
of or plea of guilty to the
child-victim oriented offense.
(2) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the
person
is an offender
who is sentenced
for
the sexually oriented offense
on
or after January 1,
1997, or
who is sentenced for the
child-victim oriented offense on or after
July 31, 2003 January
1, 2008 for any offense,
and if division (A)(1) of this
section
does not apply, the
judge
shall provide the notice to the
offender
at the time of
sentencing. If a person was provided
notice under this division prior to July 31, 2003, in relation to
an offense that, prior to July 31, 2003,, was a sexually oriented
offense but that, on and after July 31, 2003,, is a child-victim
oriented offense, the notice so provided under this division shall
suffice for purposes of this section as notice to the offender of
the offender's duties under sections 2950.041, 2950.05, and
2950.06 of the Revised Code imposed as a result of the conviction
of or plea of guilty to the child-victim oriented offense.
(3) If the
person is an offender
who committed the sexually
oriented offense
prior to January 1, 1997, if neither division
(A)(1) nor division
(A)(2) of this section applies, and if,
immediately prior to
January 1, 1997, the offender was a habitual
sex offender who was
required to register under Chapter 2950. of
the Revised Code, the
chief of police or sheriff with whom the
offender most recently
registered under that chapter, in the
circumstances described in
this division, shall provide the notice
to the offender. If the
offender has registered with a chief of
police or sheriff under
Chapter 2950. of the Revised Code as it
existed prior to January
1, 1997, the chief of police or sheriff
with whom the offender
most recently registered shall provide the
notice to the offender
as soon as possible after January 1, 1997,
as described in
division (B)(1) of this section. If the offender
has not
registered with a chief of police or sheriff under that
chapter,
the failure to register shall constitute a waiver by the
offender
of any right to notice under this section. If an
offender
described in this division does not receive notice under
this
section, the offender is not relieved of the offender's duties
imposed under sections 2950.04, 2950.05, and 2950.06 of the
Revised Code.
(4) If neither
division (A)(1), (2), nor (3) of this section
applies and if the
offender is adjudicated a sexual predator
pursuant to
division (C) of section 2950.09 of the Revised Code or
a child-victim predator pursuant to division (C) of section
2950.091 of the Revised Code,
the judge
shall provide the notice
to the offender at the time of
adjudication.
(5) If the person is a delinquent child who is classified
a
juvenile offender
registrant on or after January 1, 2008, the
judge
shall
provide the
notice to the delinquent child at the time
specified in division (B) of section 2152.82, division (D)(C) of
section 2152.83, division (C) of section 2152.84, or division (E)
of section 2152.85 of the Revised Code, whichever is applicable.
If a delinquent child was provided notice under this division
prior to July 31, 2003, in relation to an offense that, prior to
July 31, 2003, was a sexually oriented offense but that, on and
after July 31, 2003, is a child-victim oriented offense, the
notice so provided under this division shall suffice for purposes
of this section as notice to the delinquent child of the
delinquent child's duties under sections 2950.041, 2950.05, and
2950.06 of the Revised Code imposed as a result of the
adjudication as a delinquent child for the child-victim oriented
offense.
(6) If the person is an offender in any category described in
division (A)(1), (2), (3), or (4) of this section and if, prior to
July 31, 2003, the offender was provided notice of the offender's
duties in accordance with that division, not later than ninety
days after July 31, 2003, the sheriff with whom the offender most
recently registered or verified an address under section 2950.04,
2950.041, 2950.05, or 2950.06 of the Revised Code shall provide
notice to the offender of the offender's duties imposed on and
after July 31, 2003, pursuant to any of those sections to register
a school, institution of higher education, or place of employment
address, provide notice of a change of that address, and verify
that address. The sheriff may provide the notice to the offender
at the time the offender registers, provides notice of a change
in, or verifies a residence, school, institution of higher
education, or place of employment address under any of those
sections within the specified ninety-day period. If the offender
does not so register, provide notice of a change in, or verify an
address within the specified ninety-day period, the sheriff shall
provide the notice to the offender by sending it to the offender
at the most recent residence address available for the offender.
If the offender was required to register prior to July 31, 2003,
and failed to do so, the failure to register constitutes a waiver
by the offender of any right to notice under this division. If the
offender has not registered prior to July 31, 2003, the offender
is presumed to have knowledge of the law and of the duties
referred to in this division that are imposed on and after July
31, 2003. If an offender does not receive notice under this
division, the offender is not relieved of any of the duties
described in this division.
(4) If the person is a delinquent child who is classified as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant on or after January 1, 2008, the judge shall provide the notice to the delinquent child at the time specified in division (B) of section 2152.86 of the Revised Code.
(5) If the person is an offender or delinquent child in any of the following categories, the attorney general, department of rehabilitation and correction, or department of youth services shall provide the notice to the offender or delinquent child at the time and in the manner specified in section 2950.031 or division (A) or (B) of section 2950.032 of the Revised Code, whichever is applicable:
(a) An offender or delinquent child who prior to December 1, 2007, has registered a residence, school, institution of higher education, or place of employment address pursuant to section 2950.04, 2950.041, or 2950.05 of the Revised Code;
(b) An offender or delinquent child who registers with a sheriff pursuant to section 2950.04 or 2950.041 of the Revised Code on or after December 1, 2007, previously had not registered under either section with that sheriff or any other sheriff, and was convicted of, pleaded guilty to, or was classified a juvenile offender registrant relative to the sexually oriented offense or child-victim oriented offense upon which the registration was based prior to December 1, 2007;
(c) An offender who on December 1, 2007, is serving a prison term in a state correctional institution for a sexually oriented offense or child-victim oriented offense or each delinquent child who has been classified a juvenile offender registrant relative to a sexually oriented offense or child-victim oriented offense and who on that date is confined in an institution of the department of youth services for the sexually oriented offense or child-victim oriented offense;
(d) An offender or delinquent child who on or after December 2, 2007, commences a prison term in a state correctional institution or confinement in an institution of the department of youth services for a sexually oriented offense or child-victim oriented offense and who was convicted of, pleaded guilty to, or was classified a juvenile offender registrant relative to the sexually oriented offense or child-victim oriented offense prior to that date.
(6) If the person is an offender or delinquent child who on or after July 1, 2007, and prior to January 1, 2008, is convicted of or pleads guilty to a sexually oriented offense or a child-victim oriented offense and is not sentenced to a prison term for that offense or is classified a juvenile offender registrant relative to a sexually oriented offense or child-victim oriented offense and is not committed to the custody of the department of youth services for that offense, the sentencing court or juvenile court shall provide the notice to the offender or delinquent child at the time and in the manner specified in division (C) of section 2950.032 of the Revised Code.
(7) If the person is an offender or delinquent child who has
a duty to register in this state pursuant to division (A)(3)(4) of
section 2950.04 or 2950.041 of the Revised Code, the offender or
delinquent child is presumed to have knowledge of the law and of
the offender's or delinquent child's duties imposed under sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(B)(1) The notice provided under division (A) of this
section
shall inform the offender
or delinquent child of the offender's or
delinquent child's
duty
to register, to provide notice of a change
in the
offender's
or
delinquent child's residence address or in
the offender's school, institution of higher education, or place
of employment address, as applicable, and register
the new
address, to periodically verify the offender's or delinquent
child's residence address
or the offender's school, institution of
higher education, or place of employment address, as applicable,
and, if applicable, to provide notice of the offender's or
delinquent child's intent to reside, pursuant to sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice
shall specify that, for an offender, it applies regarding
residence addresses or school, institution of higher education,
and place of employment addresses and that, for a delinquent
child, it applies regarding residence addresses. Additionally, it
shall inform the offender of the offender's duties to similarly
register, provide notice of a change in, and verify those
addresses in states other than this state as described in division
(A) of this section. A notice provided under division (A)(6) of
this section shall state the new duties imposed on the offender on
and after July 31, 2003, to register, provide notice of a change
in, and periodically verify, a school, institution of higher
education, or place of employment address and specify that the new
duties are in addition to the prior duties imposed upon the
offender. A notice provided under division (A)(1), (2), (3), or
(4), or (5) of this section shall
comport
with the following:
(a) If the notice is provided
to an offender under division
(A)(3) of this
section, the notice shall state the offender's
duties to register, to file a notice of intent to reside, if
applicable,
to register a new
residence address or new school,
institution of higher education, or place of employment address,
and to periodically verify those addresses, the offender's duties
in other states as described in division (A) of this section,
and
that, if the offender has any questions
concerning these
duties,
the offender may contact the chief of
police or sheriff
who sent
the form for an explanation of the
duties. If the
offender appears
in person before the chief of
police or sheriff,
the chief or
sheriff shall provide the notice
as described in
division
(B)(1)(a) of this section, and all
provisions of this
section that
apply regarding a notice provided
by an official,
official's
designee, or judge in that manner shall
be applicable.
(b) If the notice is provided
to an offender under division
(A)(1), or (2), or
(4) of this section, the official, official's
designee, or judge
shall require the offender to read and sign a
form stating
that the offender's duties to register, to file a
notice of intent to reside, if applicable, to
register a new
residence address or new school, institution of higher education,
or place of employment address, and to periodically verify those
addresses, and the offender's duties in other states as described
in division (A) of this section
have been explained to the
offender. If the
offender is unable to
read, the official,
official's designee, or
judge shall certify on
the form that the
official, designee, or
judge specifically
informed the offender of
those duties and that
the offender
indicated an understanding of
those duties.
(c)(b)
If the notice is provided
to a delinquent child under
division
(A)(5)(3) or (4) of this
section, the
judge shall require
the
delinquent child and the
delinquent child's parent,
guardian,
or
custodian to read and sign
a form stating
that the
delinquent
child's duties to
register, to file a notice of intent to reside,
if applicable, to register a new
residence
address, and to
periodically
verify that
address have been
explained to the
delinquent
child and to the delinquent child's
parent, guardian,
or custodian.
If the delinquent child or the
delinquent child's
parent,
guardian, or custodian is unable to
read, the
judge shall
certify
on the form that the judge
specifically
informed the
delinquent
child or the delinquent
child's parent, guardian, or
custodian of
those duties and that
the delinquent child or the
delinquent
child's parent, guardian,
or custodian indicated an
understanding
of those duties.
(2) The notice provided under divisions (A)(1) to (6)(4) of
this
section shall be on a form prescribed by the bureau of
criminal identification and investigation and shall contain all of
the information specified in division (A) of this section and all
of the information
required by the bureau. The notice provided
under divisions (A)(1) to (5)(4) of this section shall include,
but is not limited to,
all of the following:
(a) For any notice provided under division divisions (A)(1)
to (5)(4) of this section, a statement as to
whether
the offender
or delinquent
child has been adjudicated a
sexual predator or a
child-victim predator relative to
the sexually oriented offense or
child-victim oriented offense
in
question, a statement as to
whether the offender
or delinquent
child has been determined to be
a habitual sex offender or habitual child-victim offender,
a
statement as to whether the offense for
which the offender has the
duty to register is an aggravated
sexually oriented offense, an
explanation of the offender's periodic residence address or
periodic school, institution of higher education, or place of
employment
address verification process
or of the delinquent
child's periodic residence address verification process, an
explanation of the frequency with which the
offender
or delinquent
child
will be required to verify those addresses under that
process, a statement that the
offender
or delinquent child
must
verify those addresses at
the times specified under
that process
or face criminal
prosecution
or a delinquent child
proceeding, and
an explanation of the offender's duty to similarly register,
verify, and reregister those addresses in another state if the
offender resides in another state, attends a school or institution
of higher education in another state, or is employed in another
state.
(b) If the notice is provided under division (A)(4) of
this
section,
a statement that the
notice
replaces any
notice
previously provided to the offender
under
division (A)(1)
of this
section, a statement that the
offender's
duties described
in this
notice supersede the duties
described in
the prior notice,
and a
statement notifying the
offender that, if
the offender
already has
registered under
section 2950.04 or 2950.041 of the
Revised Code,
the offender must register
again pursuant to
division (A)(6) of
that section;
(c) If the notice is provided under division (A)(5)(3) or (4)
of this section, a statement that the delinquent child has been
classified by the adjudicating juvenile court judge or the judge's
successor in office a juvenile offender registrant and, if
applicable, a public-registry qualified juvenile offender
registrant and has a duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code;
(d)(c) If the notice is provided under division (A)(5)(3) or
(4) of this
section, a statement that, if the delinquent
child
fails to comply with the requirements of sections 2950.04,
2950.041,
2950.05, and 2950.06 of the Revised Code, both of the
following
apply:
(i) If the delinquent child's failure occurs while the child is under eighteen years of age, the child is subject to proceedings under Chapter 2152. of the Revised Code based on the failure, but if the failure occurs while the child is eighteen years of age or older, the child is subject to criminal prosecution based on the failure.
(ii) If the delinquent child's failure occurs while the child is under eighteen years of age, unless the child is emancipated, as defined in section 2919.121 of the Revised Code, the failure of the parent, guardian, or custodian to ensure that the child complies with those requirements is a violation of section 2919.24 of the Revised Code and may result in the prosecution of the parent, guardian, or custodian for that violation.
(3)(a) After an offender described in division (A)(1), or
(2),
or (4) of this section has signed the form described in
divisions
(B)(1) and (2) of this section or the official,
official's designee, or
judge has certified on
the form that
the
form has been
explained
to the offender and that the offender
indicated an
understanding
of the duties indicated on it, the
official,
official's designee,
or judge shall give one copy of the
form to
the offender, within
three days shall send one copy of the
form to
the bureau of
criminal identification and investigation in
accordance with the
procedures adopted pursuant to section 2950.13
of the Revised
Code, and shall send one copy of the form to the
sheriff of the
county in which the offender expects to reside, and
shall send one copy of the form to the sheriff of the county in
which the offender was convicted or pleaded guilty if the offender
has a duty to register pursuant to division (A)(1) of section
2950.04 or 2950.041 of the Revised Code.
(b) After a chief of police or sheriff has sent a form to an
offender under division (A)(3) of this section, the chief or
sheriff shall send a copy of the form to the bureau of criminal
identification and investigation in accordance with the procedures
adopted pursuant to section 2950.13 of the Revised Code.
(c) After a delinquent child described in division
(A)(5)(3)
or (4) of
this section and the
delinquent child's parent,
guardian, or
custodian have signed the form
described in divisions
(B)(1) and (2) of
this section or the judge has certified on the
form that the
form
has been explained to the delinquent child or
the delinquent
child's
parent, guardian, or custodian and that the
delinquent
child or the
delinquent child's parent, guardian, or
custodian
indicated an
understanding of the duties and information
indicated
on the form,
the judge
shall give a copy of the form to
both the
delinquent
child and to the
delinquent child's parent,
guardian,
or
custodian, within three days
shall send one copy of
the form to
the bureau of criminal
identification and
investigation in
accordance with the
procedures adopted pursuant
to section 2950.13
of the
Revised
Code, and shall send one copy
of
the form to the
sheriff of the county in which the delinquent
child
expects to
reside, and shall send one copy of the form to
the sheriff of the county in which the child was adjudicated a
delinquent child if the delinquent child has a duty to register
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the
Revised Code.
(C) The official, official's designee, judge, chief of
police, or sheriff who is required to provide notice to an
offender
or delinquent child under divisions (A)(1) to (5)(4) of
this section
shall do all of the following:
(1) If the notice is provided under division (A)(1), (2),
(4), or (5) of this section, the official, designee, or judge
shall determine the offender's
or delinquent child's name,
identifying factors, and expected future residence address in this
state or any other state, shall
obtain the offender's
or
delinquent child's criminal
and
delinquency history, and shall
obtain a photograph and the
fingerprints of the offender
or
delinquent child. Regarding an offender, the official, designee,
or judge also shall obtain from the offender the offender's
current or expected future school, institution of higher
education, or place of employment address in this state, if any.
If the notice
is provided by a judge under division (A)(2),
(4)(3), or (5)(4) of
this
section, the sheriff shall provide the
offender's
or
delinquent
child's criminal
and delinquency history
to the judge.
The
official, official's designee, or judge shall
obtain this
information and these items prior to giving the
notice, except
that a judge may give the notice prior to obtaining
the offender's
or delinquent child's criminal
and delinquency
history. Within
three days after receiving this information and
these items, the
official, official's designee, or judge shall
forward the
information and items to the bureau of criminal
identification and
investigation in accordance with the forwarding
procedures adopted
pursuant to section 2950.13 of the Revised
Code, to the sheriff
of the county in which the offender
or
delinquent child expects to
reside and to the sheriff of the
county in which the offender or delinquent child was convicted,
pleaded guilty, or adjudicated a delinquent child if the offender
or delinquent child has a duty to register pursuant to division
(A)(1) of section 2950.04 or 2950.041 of the Revised Code, and,
regarding an offender, to the sheriff of the county, if any, in
which the offender attends or will attend a school or institution
of higher education or is or will be employed.
If the notice is
provided under division (A)(5)(3) or (4) of this
section
and if
the delinquent child has been committed to the
department
of youth
services or to a secure facility, the judge,
in addition
to the
other information and items described in this
division,
also shall
forward to the bureau and to the sheriff
notification
that the
child has been so committed. If it has
not
already done so, the
bureau of criminal identification and
investigation shall forward
a copy of the fingerprints and
conviction data received under this
division to the federal bureau
of investigation.
(2) If the notice is provided under division (A)(3) of this
section, the chief of police or sheriff shall determine the
offender's name, identifying factors, and residence address in
this state or any other state, shall
obtain the offender's
criminal history from the bureau of criminal
identification and
investigation, and, to the extent possible,
shall obtain a
photograph and the fingerprints of the offender.
Regarding an
offender, the chief or sheriff also shall obtain from the offender
the offender's current or expected future school, institution of
higher education, or place of employment address in this state, if
any. Within three days after receiving this information and these
items, the chief or sheriff shall forward the information and
items to the bureau of criminal identification and investigation
in accordance with the forwarding procedures adopted pursuant to
section 2950.13 of the Revised Code and, in relation to a chief of
police, to the sheriff of the county in which the offender
resides, and, regarding an offender, to the sheriff of the county,
if any, in which the offender attends or will attend a school or
institution of higher education or is or will be employed. If it
has not already done so, the bureau of criminal
identification and
investigation shall forward a copy of the
fingerprints and
conviction data so received to the federal bureau
of
investigation.
Sec. 2950.031. (A)(1) At any time on or after July 1, 2007, and not later than December 1, 2007, the attorney general shall determine for each offender or delinquent child who prior to December 1, 2007, has registered a residence, school, institution of higher education, or place of employment address pursuant to section 2950.04, 2950.041, or 2950.05 of the Revised Code the offender's or delinquent child's new classification as a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008, the offender's or delinquent child's duties under Chapter 2950. of the Revised Code as so changed, and, regarding a delinquent child, whether the child is a public registry-qualified juvenile offender registrant.
(2) At any time on or after July 1, 2007, and not later than December 1, 2007, the attorney general shall send to each offender or delinquent child who prior to December 1, 2007, has registered a residence, school, institution of higher education, or place of employment address pursuant to section 2950.04, 2950.041, or 2950.05 of the Revised Code a registered letter that contains the information described in this division. The registered letter shall be sent return receipt requested to the last reported address of the person and, if the person is a delinquent child, the last reported address of the parents of the delinquent child. The letter sent to an offender or to a delinquent child and the delinquent child's parents pursuant to this division shall notify the offender or the delinquent child and the delinquent child's parents of all of the following:
(a) The changes in Chapter 2950. of the Revised Code that will be implemented on January 1, 2008;
(b) Subject to division (A)(2)(c) of this section, the offender's or delinquent child's new classification as a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008, the offender's or delinquent child's duties under Chapter 2950. of the Revised Code as so changed and the duration of those duties, whether the delinquent child is classified a public registry-qualified juvenile offender registrant, and the information specified in division (B) of section 2950.03 of the Revised Code to the extent it is relevant to the offender or delinquent child;
(c) The fact that the offender or delinquent child has a right to a hearing as described in division (E) of this section, the procedures for requesting the hearing, and the period of time within which the request for the hearing must be made.
(d) If the offender's or delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to terminate on or after July 1, 2007, and prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to January 1, 2008, a summary of the provisions of section 2950.033 of the Revised Code and the application of those provisions to the offender or delinquent child, provided that this division applies to a delinquent child only if the child is in a category specified in division (C) of section 2950.033 of the Revised Code.
(3) The attorney general shall make the determinations described in division (A)(1) of this section for each offender or delinquent child who has registered an address as described in that division, even if the offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date or the delinquent child is in a category specified in division (C) of section 2950.033 of the Revised Code and the child's duty to comply with those sections is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date. The attorney general shall send the registered letter described in division (A)(2) of this section to each offender or delinquent child who has registered an address as described in that division even if the offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date, or the delinquent child is in a category specified in division (C) of section 2950.033 of the Revised Code, and the child's duty to comply with those sections is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date. Section 2950.033 of the Revised Code applies to any offender who has registered an address as described in division (A)(1) or (2) of this section and whose duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date, or the delinquent child is in a category specified in division (C) of section 2950.033 of the Revised Code, and the child's duty to comply with those sections is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date.
(B) If a sheriff informs the attorney general pursuant to section 2950.043 of the Revised Code that an offender or delinquent child registered with the sheriff pursuant to section 2950.04 or 2950.041 of the Revised Code on or after December 1, 2007, that the offender or delinquent child previously had not registered under either section with that sheriff or any other sheriff, and that the offender or delinquent child was convicted of, pleaded guilty to, or was classified a juvenile offender registrant relative to the sexually oriented offense or child-victim oriented offense upon which the registration was based prior to December 1, 2007, within fourteen days after being so informed of the registration and receiving the information and material specified in division (D) of that section, the attorney general shall determine for the offender or delinquent child all of the matters specified in division (A)(1) of this section. Upon making the determinations, the attorney general immediately shall send to the offender or to the delinquent child and the delinquent child's parents a registered letter pursuant to division (A)(2) of this section that contains the information specified in that division.
(C) The attorney general shall maintain the return receipts for all offenders, delinquent children, and parents of delinquent children who are sent a registered letter under division (A) or (B) of this section. For each offender, delinquent child, and parents of a delinquent child, the attorney general shall send a copy of the return receipt for the offender, delinquent child, or parents to the sheriff with whom the offender or delinquent child most recently registered a residence address and, if applicable, a school, institution of higher education, or place of employment address and to the prosecutor who handled the case in which the offender or delinquent child was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing the sexually oriented offense or child-victim oriented offense that resulted in the offender's or child's registration duty under section 2950.04 or 2950.041 of the Revised Code. If a return receipt indicates that the offender, delinquent child, or parents of a delinquent child to whom the registered letter was sent does not reside or have temporary domicile at the listed address, the attorney general immediately shall provide notice of that fact to the sheriff with whom the offender or delinquent child registered that residence address.
(D) The attorney general shall mail to each sheriff a list of all offenders and delinquent children who have registered a residence address or a school, institution of higher education, or place of employment address with that sheriff and to whom a registered letter is sent under division (A) or (B) of this section. The list shall specify the offender's or delinquent child's new classification as a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008, the offender's or delinquent child's duties under Chapter 2950. of the Revised Code as so changed, and, regarding a delinquent child, whether the child is a public registry-qualified juvenile offender registrant.
(E) An offender or delinquent child who is in a category described in division (A)(2) or (B) of this section may request as a matter of right a court hearing to contest the application to the offender or delinquent child of the new registration requirements under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008. The offender or delinquent child may contest the manner in which the letter sent to the offender or delinquent child pursuant to division (A) or (B) of this section specifies that the new registration requirements apply to the offender or delinquent child or may contest whether those new registration requirements apply at all to the offender or delinquent child. To request the hearing, the offender or delinquent child not later than the date that is sixty days after the offender or delinquent child received the registered letter sent by the attorney general pursuant to division (A)(2) of this section shall file a petition with the court specified in this division. If the offender or delinquent child resides in or is temporarily domiciled in this state and requests a hearing, the offender or delinquent child shall file the petition with, and the hearing shall be held in, the court of common pleas or, for a delinquent child, the juvenile court of the county in which the offender or delinquent child resides or temporarily is domiciled. If the offender does not reside in and is not temporarily domiciled in this state, the offender or delinquent child shall file the petition with, and the hearing shall be held in, the court of common pleas of the county in which the offender registered a school, institution of higher education, or place of employment address, but if the offender has registered addresses of that nature in more than one county, the offender may file such a petition in the court of only one of those counties.
If the offender or delinquent child requests a hearing by timely filing a petition with the appropriate court, the offender or delinquent child shall serve a copy of the petition on the prosecutor of the county in which the petition is filed. The prosecutor shall represent the interests of the state in the hearing. In any hearing under this division, the Rules of Civil Procedure or, if the hearing is in a juvenile court, the Rules of Juvenile Procedure apply, except to the extent that those Rules would by their nature be clearly inapplicable. The court shall schedule a hearing, and shall provide notice to the offender or delinquent child and prosecutor of the date, time, and place of the hearing.
If an offender or delinquent child requests a hearing in accordance with this division, until the court issues its decision at or subsequent to the hearing, the offender or delinquent child shall comply prior to January 1, 2008, with Chapter 2950. of the Revised Code as it exists prior to that date and shall comply on and after January 1, 2008, with Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on that date. If an offender or delinquent child requests a hearing in accordance with this division, at the hearing, all parties are entitled to be heard, and the court shall consider all relevant information and testimony presented relative to the application to the offender or delinquent child of the new registration requirements under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008. If, at the conclusion of the hearing, the court finds that the offender or delinquent child has proven by clear and convincing evidence that the new registration requirements do not apply to the offender or delinquent child in the manner specified in the letter sent to the offender or delinquent child pursuant to division (A) or (B) of this section, the court shall issue an order that specifies the manner in which the court has determined that the new registration requirements do apply to the offender or delinquent child. If at the conclusion of the hearing the court finds that the offender or delinquent child has proven by clear and convincing evidence that the new registration requirements do not apply to the offender or delinquent child, the court shall issue an order that specifies that the new registration requirements do not apply to the offender or delinquent child. The court promptly shall serve a copy of an order issued under this division upon the sheriff with whom the offender or delinquent child most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon the bureau of criminal identification and investigation. The offender or delinquent child and the prosecutor have the right to appeal the decision of the court issued under this division.
If an offender or delinquent child fails to request a hearing in accordance with this division within the applicable sixty-day period specified in this division, the failure constitutes a waiver by the offender or delinquent child of the offender's or delinquent child's right to a hearing under this division, and the offender or delinquent child is bound by the determinations of the attorney general contained in the registered letter sent to the offender or child.
If a juvenile court issues an order under division (A)(2) or (3) of section 2152.86 of the Revised Code that classifies a delinquent child a public-registry qualified juvenile offender registrant and if the child's delinquent act was committed prior to January 1, 2008, a challenge to the classification contained in the order shall be made pursuant to division (D) of section 2152.86 of the Revised Code.
Sec. 2950.032. (A)(1) At any time on or after July 1, 2007, and not later than December 1, 2007, the attorney general shall do all of the following:
(a) For each offender who on December 1, 2007, will be serving a prison term in a state correctional institution for a sexually oriented offense or child-victim oriented offense, determine the offender's classification relative to that offense as a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender under Chapter 2950. of the Revised Code as it will exist under the changes in that chapter that will be implemented on January 1, 2008, and the offender's duties under Chapter 2950. of the Revised Code as so changed and provide to the department of rehabilitation and correction a document that describes that classification and those duties;
(b) For each delinquent child who has been classified a juvenile offender registrant relative to a sexually oriented offense or child-victim oriented offense and who on December 1, 2007, will be confined in an institution of the department of youth services for the sexually oriented offense or child-victim oriented offense, determine the delinquent child's classification relative to that offense as a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender under Chapter 2950. of the Revised Code as it will exist under the changes in that chapter that will be implemented on January 1, 2008, the delinquent child's duties under Chapter 2950. of the Revised Code as so changed, and whether the delinquent child is a public registry-qualified juvenile offender registrant and provide to the department a document that describes that classification, those duties, and whether the delinquent child is a public registry-qualified juvenile offender registrant.
(c) For each offender and delinquent child described in division (A)(1)(a) or (b) of this section, determine whether the attorney general is required to send a registered letter to that offender or that delinquent child and delinquent child's parents pursuant to section 2950.031 of the Revised Code relative to the sexually oriented offense or child-victim oriented offense for which the offender or delinquent child is serving the prison term or is confined and, if the attorney general is required to send such a letter to that offender or that delinquent child and delinquent child's parents relative to that offense, include in the document provided to the department of rehabilitation and correction or the department of youth services under division (A)(1)(a) or (b) of this section a conspicuous notice that the attorney general will be sending the offender or delinquent child and delinquent child's parent the registered letter and that the department is not required to provide to the offender or delinquent child the written notice described in division (A)(2) of this section.
(2) At any time on or after July 1, 2007, and not later than December 1, 2007, except as otherwise described in this division, the department of rehabilitation and correction shall provide to each offender described in division (A)(1)(a) of this section and the department of youth services shall provide to each delinquent child described in division (A)(1)(b) of this section and to the delinquent child's parents a written notice that contains the information described in this division. The department of rehabilitation and correction and the department of youth services are not required to provide the written notice to an offender or a delinquent child and the delinquent child's parents if the attorney general included in the document provided to the particular department under division (A)(1)(a) or (b) of this section notice that the attorney general will be sending that offender or that delinquent child and the delinquent child's parents a registered letter and that the department is not required to provide to that offender or that delinquent child and parents the written notice. The written notice provided to an offender or a delinquent child and the delinquent child's parents pursuant to this division shall notify the offender or delinquent child of all of the following:
(a) The changes in Chapter 2950. of the Revised Code that will be implemented on January 1, 2008;
(b) Subject to division (A)(2)(c) of this section, the offender's or delinquent child's classification as a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008, the offender's or delinquent child's duties under Chapter 2950. of the Revised Code as so changed and the duration of those duties, whether the delinquent child is classified a public registry-qualified juvenile offender registrant, and the information specified in division (B) of section 2950.03 of the Revised Code to the extent it is relevant to the offender or delinquent child;
(c) The fact that the offender or delinquent child has a right to a hearing as described in division (E) of this section, the procedures for requesting the hearing, and the period of time within which the request for the hearing must be made;
(d) If the offender's or delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to terminate on or after July 1, 2007, and prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to January 1, 2008, a summary of the provisions of section 2950.033 of the Revised Code and the application of those provisions to the offender or delinquent child, provided that this division applies regarding a delinquent child only if the child is in a category specified in division (A) of section 2950.033 of the Revised Code.
(3) The attorney general shall make the determinations described in divisions (A)(1)(a) and (b) of this section for each offender or delinquent child who is described in either of those divisions even if the offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date, or the delinquent child is in a category specified in division (C) of section 2950.033 of the Revised Code, and the child's duty to comply with those sections is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date. The department of rehabilitation and correction shall provide to each offender described in division (A)(1)(a) of this section and the department of youth services shall provide to each delinquent child described in division (A)(1)(b) of this section the notice described in division (A)(2) of this section, even if the offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date, or the delinquent child is in a category specified in division (C) of section 2950.033 of the Revised Code, and the child's duty to comply with those sections is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date. Section 2950.033 of the Revised Code applies regarding any offender described in division (A)(1)(a) or (b) of this section whose duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date and any delinquent child who is in a category specified in division (A) of section 2950.033 of the Revised Code and whose duty to comply with those sections is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date.
(B) If on or after December 2, 2007, an offender commences a prison term in a state correctional institution or a delinquent child commences confinement in an institution of the department of youth services for a sexually oriented offense or a child-victim oriented offense and if the offender or delinquent child was convicted of, pleaded guilty to, or was classified a juvenile offender registrant relative to the sexually oriented offense or child-victim oriented offense on or before that date, as soon as practicable, the department of rehabilitation and correction or the department of youth services, as applicable, shall contact the attorney general, inform the attorney general of the commencement of the prison term or institutionalization, and forward to the attorney general information and material that identifies the offender or delinquent child and that describes the sexually oriented offense resulting in the prison term or institutionalization, the facts and circumstances of it, and the offender's or delinquent child's criminal or delinquency history. Within fourteen days after being so informed of the commencement of the prison term or institutionalization and receiving the information and material specified in this division, the attorney general shall determine for the offender or delinquent child all of the matters specified in division (A)(1)(a), (b), or (c) of this section and immediately provide to the appropriate department a document that describes the offender's or delinquent child's classification and duties as so determined.
Upon receipt from the attorney general of a document described in this division that pertains to an offender or delinquent child, the department of rehabilitation and correction shall provide to the offender or the department of youth services shall provide to the delinquent child, as applicable, a written notice that contains the information specified in division (A)(2) of this section.
(C) If, on or after July 1, 2007, and prior to January 1, 2008, an offender is convicted of or pleads guilty to a sexually oriented offense or a child-victim oriented offense and the court does not sentence the offender to a prison term for that offense or if, on or after July 1, 2007, and prior to January 1, 2008, a delinquent child is classified a juvenile offender registrant relative to a sexually oriented offense or a child-victim oriented offense and the juvenile court does not commit the child to the custody of the department of youth services for that offense, the court at the time of sentencing or the juvenile court at the time specified in division (B) of section 2152.82, division (C) of section 2152.83, division (C) of section 2152.84, division (E) of section 2152.85, or division (A) of section 2152.86 of the Revised Code, whichever is applicable, shall do all of the following:
(1) Provide the offender or the delinquent child and the delinquent child's parents with the notices required under section 2950.03 of the Revised Code, as it exists prior to January 1, 2008, regarding the offender's or delinquent child's duties under this chapter as it exists prior to that date;
(2) Provide the offender or the delinquent child and the delinquent child's parents with a written notice that contains the information specified in divisions (A)(2)(a) and (b) of this section;
(3) Provide the offender or the delinquent child and the delinquent child's parents a written notice that clearly indicates that the offender or delinquent child is required to comply with the duties described in the notice provided under division (C)(1) of this section until January 1, 2008, and will be required to comply with the duties described in the notice provided under division (C)(2) of this section on and after that date.
(D)(1) Except as otherwise provided in this division, the officer or employee of the department of rehabilitation and correction or the department of youth services who provides an offender or a delinquent child and the delinquent child's parents with the notices described in division (A)(2) or (B) of this section shall require the offender or delinquent child to read and sign a form stating that the changes in Chapter 2950. of the Revised Code that will be implemented on January 1, 2008, the offender's or delinquent child's classification as a tier I sex offender, a tier II sex offender, or a tier III sex offender, the offender's or delinquent child's duties under Chapter 2950. of the Revised Code as so changed and the duration of those duties, the delinquent child's classification as a public registry-qualified juvenile offender registrant if applicable, the information specified in division (B) of section 2950.03 of the Revised Code to the extent it is relevant to the offender or delinquent child, and the right to a hearing, procedures for requesting the hearing, and period of time within which the request for the hearing must be made have been explained to the offender or delinquent child.
Except as otherwise provided in this division, the judge who provides an offender or delinquent child with the notices described in division (C) of this section shall require the offender or delinquent child to read and sign a form stating that all of the information described in divisions (C)(1) to (3) of this section has been explained to the offender or delinquent child.
If the offender or delinquent child is unable to read, the official, employee, or judge shall certify on the form that the official, employee, or judge specifically informed the offender or delinquent child of all of that information and that the offender or delinquent child indicated an understanding of it.
(2) After an offender or delinquent child has signed the form described in division (D)(1) of this section or the official, employee, or judge has certified on the form that the form has been explained to the offender or delinquent child and that the offender or delinquent child indicated an understanding of the specified information, the official, employee, or judge shall give one copy of the form to the offender or delinquent child, within three days shall send one copy of the form to the bureau of criminal identification and investigation in accordance with the procedures adopted pursuant to section 2950.13 of the Revised Code, and shall send one copy of the form to the sheriff of the county in which the offender or delinquent child expects to reside and one copy to the prosecutor who handled the case in which the offender or delinquent child was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing the sexually oriented offense or child-victim oriented offense that resulted in the offender's or child's registration duty under section 2950.04 or 2950.041 of the Revised Code.
(E) An offender or delinquent child who is provided a notice under division (A)(2) or (B) of this section may request as a matter of right a court hearing to contest the application to the offender or delinquent child of the new registration requirements under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008. The offender or delinquent child may contest the matters that are identified in division (E) of section 2950.031 of the Revised Code. To request the hearing, an offender or delinquent child who is provided a notice under division (A)(2) of this section shall file a petition with the appropriate court not later than the date that is sixty days after the offender or delinquent child is provided the notice under that division, and an offender or delinquent child who is provided a notice under division (B) of this section shall file a petition with the appropriate court not later than the date that is sixty days after the offender or delinquent child is provided the notice under that division. The request for the hearing shall be made in the manner and with the court specified in division (E) of section 2950.031 of the Revised Code, and, except as otherwise provided in this division, the provisions of that division regarding the service of process and notice regarding the hearing, the conduct of the hearing, the determinations to be made at the hearing, and appeals of those determinations also apply to a hearing requested under this division. If a hearing is requested as described in this division, the offender or delinquent child shall appear at the hearing by video conferencing equipment if available and compatible, except that, upon the court's own motion or the motion of the offender or delinquent child or the prosecutor representing the interests of the state and a determination by the court that the interests of justice require that the offender or delinquent child be present, the court may permit the offender or delinquent child to be physically present at the hearing. An appearance by video conferencing equipment pursuant to this division has the same force and effect as if the offender or delinquent child were physically present at the hearing. The provisions of division (E) of section 2950.031 of the Revised Code regarding the effect of a failure to timely request a hearing also apply to a failure to timely request a hearing under this division.
If a juvenile court issues an order under division (A)(2) or (3) of section 2152.86 of the Revised Code that classifies a delinquent child a public-registry qualified juvenile offender registrant and if the child's delinquent act was committed prior to January 1, 2008, a challenge to the classification contained in the order shall be made pursuant to division (D) of section 2152.86 of the Revised Code.
Sec. 2950.033. (A) If, on or before July 1, 2007, an offender who has been convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense or a delinquent child in a category specified in division (C) of this section has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code based on that offense and if the offender's or delinquent child's duty to comply with those sections based on that offense is scheduled to terminate on or after July 1, 2007, and prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to January 1, 2008, notwithstanding that scheduled termination of those duties, the offender's or delinquent child's duties under those sections shall not terminate as scheduled and shall remain in effect for the following period of time:
(1) If the offender or delinquent child is in a category described in division (A)(1) of section 2950.031 of the Revised Code, receives a registered letter from the attorney general pursuant to division (A)(2) of that section, and timely requests a hearing in accordance with division (E) of that section to contest the application to the offender or delinquent child of the new registration requirements under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008, or the tier classification of the offender or delinquent child specified by the attorney general, the offender's or delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code shall continue at least until the court issues its decision at or subsequent to the hearing. The offender's or delinquent child's duty to comply with those sections shall continue in accordance with, and for the duration specified in, the determinations of the attorney general that are specified in the registered letter the offender or delinquent child received from the attorney general, unless the court's decision terminates the offender's or delinquent child's duty to comply with those sections or provides a different duration for which the offender or delinquent child has a duty to comply with them.
(2) If the offender or delinquent child is in a category described in division (A)(1) of section 2950.031 of the Revised Code, receives a registered letter from the attorney general pursuant to division (A)(2) of that section, and does not timely request a hearing in accordance with division (E) of that section to contest the application to the offender or delinquent child of the new registration requirements under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008, or the tier classification of the offender or delinquent child specified by the attorney general, the offender's or delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code shall continue in accordance with, and for the duration specified in, the determinations of the attorney general that are specified in the registered letter the offender or delinquent child received from the attorney general.
(3) If the offender or delinquent child is in a category described in division (A)(1)(a) or (b) of section 2950.032 of the Revised Code, receives a notice from the department of rehabilitation and correction or department of youth services pursuant to division (A)(2) of that section, and timely requests a hearing in accordance with division (E) of that section to contest the application to the offender or delinquent child of the new registration requirements under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008, or the tier classification of the delinquent child specified by the attorney general the offender's or delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code shall continue in the same manner and for the same duration as is described in division (A)(1) of this section regarding offenders and delinquent children in a category described in division (A)(1) of section 2950.031 of the Revised Code, who receive a registered letter from the attorney general pursuant to division (A)(2) of that section, and who timely request a hearing in accordance with division (E) of that section.
(4) If the offender or delinquent child is in a category described in division (A)(1)(a) or (b) of section 2950.032 of the Revised Code, receives a notice from the department of rehabilitation and correction or department of youth services pursuant to division (A)(2) of that section, and does not timely request a hearing in accordance with division (E) of that section to contest the application to the offender or delinquent child of the new registration requirements under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008, or the tier classification of the delinquent child specified by the attorney general the offender's or delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code shall continue in the same manner and for the same duration as is described in division (A)(2) of this section regarding offenders and delinquent children in a category described in division (A)(1) of section 2950.031 of the Revised Code, who receive a registered letter from the attorney general pursuant to division (A)(2) of that section, and who do not timely request a hearing in accordance with division (E) of that section.
(5) If the offender or delinquent child is in a category described in division (A)(1) of section 2950.031 of the Revised Code but does not receive a registered letter from the attorney general pursuant to division (A)(2) of that section, or if the offender or delinquent child is in a category described in division (A)(1)(a) or (b) of section 2950.032 of the Revised Code but does not receive a notice from the department of rehabilitation and correction or department of youth services pursuant to division (A)(2) of that section, notwithstanding the failure of the offender or delinquent child to receive the registered letter or the notice, the offender's or delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code shall continue in accordance with, and for the duration specified in, the provisions of Chapter 2950. of the Revised Code as they will exist under the changes to the provisions that will be implemented on January 1, 2008.
(B) An offender or a delinquent child in a category specified in division (C) of this section who, on or before July 1, 2007, has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code based on a conviction of, plea of guilty to, or adjudication as a delinquent child for committing a sexually oriented offense or a child-victim oriented offense and whose duty to comply with those sections is scheduled to terminate on or after July 1, 2007, and prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to January 1, 2008, is presumed to have knowledge of the law, the content of division (A) of this section and its application to the offender or delinquent child, and the offender's or delinquent child's duties under Chapter 2950. of the Revised Code as it will exist under the changes that will be implemented on January 1, 2008. Any failure of any such offender or delinquent child to receive a registered letter from the attorney general pursuant to division (A)(2) of section 2950.031 of the Revised Code or to receive a written notice from the department of rehabilitation and correction or department of youth services pursuant to division (A)(2) of section 2950.032 of the Revised Code does not negate, limit, or modify the presumption specified in this division.
(C) Divisions (A) and (B) of this section apply to a person who is adjudicated a delinquent child for committing a sexually oriented offense or child-victim oriented offense only if the person is so adjudicated prior to January 1, 2008, and, under the version of section 2950.01 of the Revised Code that is to take effect on January 1, 2008, will be a public registry-qualified juvenile offender registrant relative to that offense.
Sec. 2950.031 2950.034. (A) No person who has been convicted
of, is
convicted of, has pleaded guilty to, or pleads guilty to
either a
sexually oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense shall establish a residence or occupy
residential
premises within one thousand feet of any school
premises or
preschool or child day-care center premises.
(B) If a person to whom division (A) of this section applies violates division (A) of this section by establishing a residence or occupying residential premises within one thousand feet of any school premises or preschool or child day-care center premises, an owner or lessee of real property that is located within one thousand feet of those school premises or preschool or child day-care center premises, or the prosecuting attorney, village solicitor, city or township director of law, similar chief legal officer of a municipal corporation or township, or official designated as a prosecutor in a municipal corporation that has jurisdiction over the place at which the person establishes the residence or occupies the residential premises in question, has a cause of action for injunctive relief against the person. The plaintiff shall not be required to prove irreparable harm in order to obtain the relief.
(C) As used in this section:
(1) "Child day-care center" has the same meaning as in section 5104.01 of the Revised Code.
(2) "Preschool" means any public or private institution or center that provides early childhood instructional or educational services to children who are at least three years of age but less than six years of age and who are not enrolled in or are not eligible to be enrolled in kindergarten, whether or not those services are provided in a child day-care setting. "Preschool" does not include any place that is the permanent residence of the person who is providing the early childhood instructional or educational services to the children described in this division.
(3) "Preschool or child day-care center premises" means all of the following:
(a) Any building in which any preschool or child day-care center activities are conducted if the building has signage that indicates that the building houses a preschool or child day-care center, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply;
(b) The parcel of real property on which a preschool or child day-care center is situated if the parcel of real property has signage that indicates that a preschool or child day-care center is situated on the parcel, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply;
(c) Any grounds, play areas, and other facilities of a preschool or child day-care center that are regularly used by the children served by the preschool or child day-care center if the grounds, play areas, or other facilities have signage that indicates that they are regularly used by children served by the preschool or child day-care center, is clearly visible and discernable without obstruction, and meets any local zoning ordinances which may apply.
Sec. 2950.04. (A)(1) Each
of the following types of (a)
Immediately after a sentencing hearing is held on or after January
1, 2008, for an offender who is convicted of or pleads guilty to a
sexually oriented offense and is sentenced to a prison term, a
term of imprisonment, or any other type of confinement and before
the offender is transferred to the custody of the department of
rehabilitation and correction or to the official in charge of the
jail, workhouse, state correctional institution, or other
institution where the offender will be confined, the offender
shall register personally with the sheriff, or the sheriff's
designee, of the county in which
the offender was convicted of or
pleaded guilty to the sexually
oriented offense.
(b) Immediately after a dispositional hearing is held on or after January 1, 2008, for a child who is adjudicated a delinquent child for committing a sexually oriented offense, is classified a juvenile offender registrant based on that adjudication, and is committed to the custody of the department of youth services or to a secure facility that is not operated by the department and before the child is transferred to the custody of the department of youth services or the secure facility to which the delinquent child is committed, the delinquent child shall register personally with the sheriff, or the sheriff's designee, of the county in which the delinquent child was classified a juvenile offender registrant based on that sexually oriented offense.
(c) A law enforcement officer shall be present at the sentencing hearing or dispositional hearing described in division (A)(1)(a) or (b) of this section to immediately transport the offender or delinquent child who is the subject of the hearing to the sheriff, or the sheriff's designee, of the county in which the offender or delinquent child is convicted, pleads guilty, or is adjudicated a delinquent child.
(d) After an offender who has registered pursuant to division (A)(1)(a) of this section is released from a prison term, a term of imprisonment, or any other type of confinement, the offender shall register as provided in division (A)(2) of this section. After a delinquent child who has registered pursuant to division (A)(1)(b) of this section is released from the custody of the department of youth services or from a secure facility that is not operated by the department, the delinquent child shall register as provided in division (A)(3) of this section.
(2) Regardless of when the sexually oriented offense was
committed, each
offender
who is convicted of or,
pleads guilty to,
or has been
convicted of,
or has pleaded guilty to, a
sexually
oriented offense
that is not a registration-exempt sexually
oriented offense shall comply with the following registration
requirements described in divisions (A)(2)(a), (b), (c), (d), and
(e) of this section:
(a) The offender shall
register
personally with
the sheriff,
or the sheriff's designee,
of the
county
within
five three days
of
the offender's coming into
a county in which the
offender
resides
or temporarily is domiciled
for more than five three
days,.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county immediately upon coming
into a county in which the
offender attends a school or
institution of higher education on a
full-time or part-time basis
regardless of whether the offender
resides or has a temporary
domicile in this state or another
state,.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender is
employed if the offender
resides or has a temporary domicile in
this state and has been
employed in that county for more than
fourteen three days or for an
aggregate period of thirty fourteen
or more days in that calendar year,.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender
then is employed if the
offender does not reside or have a
temporary domicile in this
state and has been employed at any
location or locations in this
state more than fourteen three days
or for an aggregate period of
thirty fourteen
or more days in
that calendar year, and.
(e) The offender shall register with the sheriff, or the
sheriff's designee, or other
appropriate person of the other
state immediately upon entering
into any state other than this
state in which the offender attends
a school or institution of
higher education on a full-time or
part-time basis or upon being
employed in any state other than
this state for more than
fourteen three days or for an aggregate period
of thirty fourteen
or more days in that calendar year regardless of whether
the
offender resides or has a temporary domicile in this state,
the
other state, or a different state:
(a) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for the sexually
oriented
offense to a prison term, a term of imprisonment, or any
other
type of confinement and, on or after July 1, 1997,
is released in
any manner from the prison term, term of
imprisonment, or
confinement;
(b) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for a sexually
oriented
offense on or after July 1, 1997, and
to whom division
(A)(1)(a)
of
this section does not apply;
(c) If the sexually oriented offense was committed prior
to
July 1, 1997,
and neither division (A)(1)(a) nor division
(A)(1)(b) of this section applies,
an offender who,
immediately
prior to
July 1, 1997,
was a habitual sex
offender who was
required to register under Chapter 2950. of the
Revised Code.
(2)(3)(a)
Each child who is adjudicated a delinquent
child
for
committing
a sexually oriented offense that is not a
registration-exempt sexually oriented offense and who is
classified a
juvenile offender
registrant
based on that
adjudication shall
register
personally with the sheriff, or the
sheriff's designee, of the
county within five three
days of the
delinquent child's coming
into a county in which the
delinquent
child resides or temporarily
is domiciled for more than
five
three
days.
If
(b) In addition to the registration duty imposed under division (A)(3)(a) of this section, each public registry-qualified juvenile offender registrant shall comply with the following additional registration requirements:
(i) The public registry-qualified juvenile offender registrant shall register personally with the sheriff, or the sheriff's designee, of the county immediately upon coming into a county in which the registrant attends a school or institution of higher education on a full-time or part-time basis regardless of whether the registrant resides or has a temporary domicile in this state or another state.
(ii) The public registry-qualified juvenile offender registrant shall register personally with the sheriff, or the sheriff's designee, of the county in which the registrant is employed if the registrant resides or has a temporary domicile in this state and has been employed in that county for more than three days or for an aggregate period of fourteen or more days in that calendar year.
(iii) The public registry-qualified juvenile offender registrant shall register personally with the sheriff, or the sheriff's designee, of the county in which the registrant then is employed if the registrant does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state more than three days or for an aggregate period of fourteen or more days in that calendar year.
(iv) The public registry-qualified juvenile offender registrant shall register with the sheriff, or the sheriff's designee, or other appropriate person of the other state immediately upon entering into any state other than this state in which the registrant attends a school or institution of higher education on a full-time or part-time basis or upon being employed in any state other than this state for more than three days or for an aggregate period of fourteen or more days in that calendar year regardless of whether the registrant resides or has a temporary domicile in this state, the other state, or a different state.
(c) If
the delinquent
child is committed for the
sexually
oriented offense that is not a
registration-exempt sexually
oriented offense to the department of
youth services or to a
secure facility that is not operated by the
department, this duty
begins when the delinquent child
is
discharged or released in any
manner from
custody in a
department
of youth services secure
facility or from the secure
facility that
is not operated
by the
department, if pursuant
to the discharge or
release the
delinquent
child is not committed
to any other secure
facility of
the
department or any other secure
facility. The
delinquent child
does
not have a duty to register under this
division while the
child is
in a department of
youth services
secure facility or in
a secure
facility that is not
operated by
the department.
(3) If divisions (A)(1) and (2) of this section do not
apply,
each following type of offender and each following type of
delinquent child shall register personally with the sheriff of the
county within five days of the offender's or delinquent child's
coming into a county in which the offender or delinquent child
resides or temporarily is domiciled for more than five days, and
each following type of offender shall register personally with the
sheriff of the county immediately upon coming into a county in
which the offender attends a school or institution of higher
education on a full-time or part-time basis regardless of whether
the offender resides or has a temporary domicile in this state or
another state, shall register personally with the sheriff of the
county in which the offender is employed if the offender resides
or has a temporary domicile in this state and has been employed in
that county for more than fourteen days or for an aggregate period
of thirty days or more in that calendar year, and shall register
personally with the sheriff of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has been employed at any
location or locations in this state for more than fourteen days or
for an aggregate period of thirty or more days in that calendar
year:
(a)(4)
Regardless of when the sexually oriented offense was
committed,
a each person who is convicted, pleads
guilty, or is
adjudicated a delinquent child in a court in another state, in a
federal court,
military court, or
Indian tribal court, or in a
court in any nation other than the United States for committing a
sexually oriented offense that is not a registration-exempt
sexually oriented offense, if, on or after July 1,
1997,
for
offenders, or
January 1,
2002, for
delinquent
children, the
offender
or delinquent child
moves to and
resides in
this state or
temporarily is domiciled in
this state
for more than
five days,
the offender enters this state to attend any school or institution
of higher education on a full-time or part-time basis, or the
offender is employed in this state for more than fourteen days or
for an aggregate period of thirty or more days in any calendar
year,
and shall comply with the following registration
requirements if, at the time the
offender
or
delinquent child
moves to and
resides in this state or
temporarily
is domiciled in
this state
for more than five three days, the offender or public
registry-qualified juvenile offender registrant enters this
state
to attend the a school or institution of higher education,
or the
offender or public registry-qualified juvenile offender registrant
is employed in this state for more than the
specified period of
time,
the offender
or delinquent
child has a
duty to register as a
sex
offender or child-victim offender under
the law of
that other
jurisdiction as a result of
the conviction,
guilty
plea,
or
adjudication:
(a) Each offender and delinquent child shall register personally with the sheriff, or the sheriff's designee, of the county within three days of the offender's or delinquent child's coming into the county in which the offender or delinquent child resides or temporarily is domiciled for more than three days.
(b) Each offender or public registry-qualified juvenile offender registrant shall register personally with the sheriff, or the sheriff's designee, of the county immediately upon coming into a county in which the offender or public registry-qualified juvenile offender registrant attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender or public registry-qualified juvenile offender registrant resides or has a temporary domicile in this state or another state.
(c) Each offender or public registry-qualified juvenile offender registrant shall register personally with the sheriff, or the sheriff's designee, of the county in which the offender or public registry-qualified juvenile offender registrant is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than three days or for an aggregate period of fourteen days or more in that calendar year.
(d) Each offender or public registry-qualified juvenile offender registrant shall register personally with the sheriff, or the sheriff's designee, of the county in which the offender or public registry-qualified juvenile offender registrant then is employed if the offender or public registry-qualified juvenile offender registrant does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state for more than three days or for an aggregate period of fourteen or more days in that calendar year.
(5) An offender or a delinquent child who is a public registry-qualified juvenile offender registrant is not required to register under division (A)(2), (3), or (4) of this section if a court issues an order terminating the offender's or delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to section 2950.15 of the Revised Code. A delinquent child who is a juvenile offender registrant but is not a public registry-qualified juvenile offender registrant is not required to register under any of those divisions if a juvenile court issues an order declassifying the delinquent child as a juvenile offender registrant pursuant to section 2152.84 or 2152.85 of the Revised Code.
(b) Regardless of when the sexually oriented offense was
committed,
a person who is convicted of, pleads
guilty to, or is
adjudicated a delinquent child in a court in another state, in a
federal court,
military court, or
Indian tribal court, or in a
court in any nation other than the United States for committing a
sexually oriented offense that is not a registration-exempt
sexually oriented offense, if, on or after July 1,
1997,
for
offenders, or
January 1,
2002, for
delinquent
children, the
offender
or delinquent child is
released
from
imprisonment,
confinement,
or detention imposed for
that
offense,
and if, on or
after July 1,
1997,
for
offenders, or
January 1, 2002, for
delinquent
children, the
offender
or
delinquent child moves to and
resides in
this state or
temporarily
is domiciled in this state
for more than
five days, the offender enters this state to attend
any school or institution of higher education on a full-time or
part-time basis, or the offender is employed in this state for
more than fourteen days or for an aggregate period of thirty or
more days in any calendar year.
The duty to
register as described
in
this
division
applies
to an
offender
regardless of whether the
offender, at the
time of
moving
to and
residing in this state or
temporarily being
domiciled in
this
state for more than five
days,
at the time of entering into this state to attend the school or
institution of higher education, or at the time of being employed
in this state for the specified period of time, has a duty to
register as a
sex
offender or child-victim offender under the law
of
the jurisdiction in
which the
conviction
or guilty plea
occurred.
The duty to register
as
described in this
division
applies to a
delinquent child only
if
the delinquent
child, at the
time of
moving to and residing in
this state or
temporarily being
domiciled in this state for more
than five
days, has a duty to
register as a sex offender or child-victim offender under
the law
of
the jurisdiction in
which the delinquent child
adjudication
occurred or if, had the
delinquent child adjudication
occurred in
this state, the
adjudicating juvenile court judge
would have been
required to
issue an order classifying the
delinquent child as a
juvenile
offender registrant pursuant to
section 2152.82 or
division (A) of
section 2152.83 of the Revised
Code.
(4) If neither division (A)(1), (2), nor (3) of this section
applies and if the offender is adjudicated
a sexual predator under
division (C) of section 2950.09 of
the Revised Code, the offender
shall register within five days of
the adjudication with the
sheriff of the county in which the
offender resides or temporarily
is domiciled for more than five
days, shall register with the
sheriff of any county in which
the offender subsequently resides
or temporarily is domiciled for
more than five days within five
days of coming into that county, shall register within five days
of the adjudication with the sheriff of the county in which the
offender attends any school or institution of higher education on
a full-time or part-time basis or in which the offender is
employed if the offender has been employed in that county for more
than fourteen days or for an aggregate period of thirty or more
days in that calendar year regardless of whether the offender
resides or has temporary domicile in this state or another state,
and shall register within five days of the adjudication with the
sheriff or other appropriate person of any state other than this
state in which the offender attends a school or institution of
higher education on a full-time or part-time basis or in which the
offender then is employed if the offender has been employed in
that state for more than fourteen days or for an aggregate period
of thirty or more days in any calendar year regardless of whether
the offender resides or has temporary domicile in this state, the
other state, or a different state.
(5) A person who is adjudicated a delinquent child for
committing a sexually oriented offense that is not a
registration-exempt sexually oriented offense is not required to
register
under division (A)(2) of this section unless the
delinquent child
committed the offense on or after
January 1,
2002, is classified
a juvenile offender
registrant by a
juvenile
court judge
pursuant to an order issued
under section
2152.82,
2152.83,
2152.84, or 2152.85 of the
Revised Code based
on
that
adjudication,
and has a duty to
register pursuant to
division
(A)(2)
of this section.
(6) A person who has been convicted of, is convicted of, has
pleaded guilty to, or pleads guilty to a sexually oriented offense
that is a registration-exempt sexually oriented offense, and a
person who is or has been adjudicated a delinquent child for
committing a sexually oriented offense that is a
registration-exempt sexually oriented offense, does not have any
duty to register under this section based on that conviction,
guilty plea, or adjudication. The exemption of an offender or
delinquent child from registration under this division for a
conviction of, plea of guilty to, or delinquent child adjudication
for a registration-exempt sexually oriented offense does not
limit, affect, or supersede any duties imposed upon the offender
or delinquent child under this chapter or sections 2152.82 to
2152.85 of the Revised Code for a conviction of, plea of guilty
to, or delinquent child adjudication for any other sexually
oriented offense or any child-victim oriented offense.
(B) An offender or delinquent child who is required by division (A) of this section to register in this state personally shall obtain from the sheriff or from a designee of the sheriff a registration form that conforms to division (C) of this section, shall complete and sign the form, and shall return the completed form together with the offender's or delinquent child's photograph, copies of travel and immigration documents, and any other required material to the sheriff or the designee. The sheriff or designee shall sign the form and indicate on the form the date on which it is so returned. The registration required under this division is complete when the offender or delinquent child returns the form, containing the requisite information, photograph, other required material, signatures, and date, to the sheriff or designee.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include the photograph of the offender
or delinquent child who is registering and shall or contain all of
the following for the offender or delinquent child who is
registering:
(1) The offender's or delinquent child's name and any aliases used by the offender or delinquent child;
(2) The offender's or delinquent child's social security number and date of birth, including any alternate social security numbers or dates of birth that the offender or delinquent child has used or uses;
(3) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1) of this section, a statement that the offender is serving a prison term, term of imprisonment, or any other type of confinement or a statement that the delinquent child is in the custody of the department of youth services or is confined in a secure facility that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1), (2), (3),
or (4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than five three days, the current residence
address of
the offender
or delinquent child who is registering,
the name and
address of the offender's
or delinquent child's
employer if the
offender
or delinquent child is employed at the
time of
registration or if the offender
or delinquent child knows
at the
time of registration that the offender
or delinquent child
will be
commencing employment with that employer subsequent to
registration, any other employment
information, such as the
general area where the offender or
delinquent child is employed,
if the offender or delinquent child
is employed in many
locations, and the name and address of the offender's or public
registry-qualified juvenile offender registrant's school or
institution of higher education if the offender or public
registry-qualified juvenile offender registrant attends one at the
time of registration or if the offender or public
registry-qualified juvenile offender registrant knows at the time
of
registration that the offender or public registry-qualified
juvenile offender registrant will be commencing attendance at
that school or institution subsequent to registration, and any
other information required by the bureau of
criminal
identification and investigation.;
(2)(5) Regarding an offender or public registry-qualified
juvenile offender registrant who is registering under a duty
imposed under division (A)(1), (3), (2), (3), or (4) of this
section as
a result of the offender or public registry-qualified
juvenile offender registrant attending a school or
institution of
higher education in this state on a full-time or
part-time basis
or being employed in this state or in a
particular county in this
state, whichever is applicable, for
more than fourteen three days
or for
an aggregate of thirty
fourteen or more days in any
calendar year, the name
and current
address of the school,
institution of higher
education, or place
of employment of the
offender or public registry-qualified
juvenile offender
registrant who is
registering and any other
information required
by the bureau of
criminal identification and
investigation.,
including
any other employment information, such
as the general
area where
the offender or public registry-qualified juvenile
offender registrant is employed, if the
offender or public
registry-qualified juvenile offender registrant is
employed in
many locations;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1), (2), (3),
or (4) of this section for any reason, if the
offender
has been
adjudicated a
sexual predator relative to the sexually oriented
offense in
question, if the delinquent child has been adjudicated
a sexual predator relative to the sexually oriented offense in
question and the court has not subsequently determined pursuant to
section
2152.84 or
2152.85 of
the Revised Code that the
delinquent child
no longer
is a sexual predator, if
the
judge
determined
pursuant to division (C) of
section 2950.09 or pursuant
to
section
2152.82,
2152.83, 2152.84, or 2152.85 of the
Revised
Code that
the
offender
or
delinquent child is a habitual
sex
offender and
the determination has not been removed pursuant
to
section 2152.84
or 2152.85 of the Revised Code, or if the offender
has the duty to register as a result of the conviction of or plea
of guilty to an aggravated sexually oriented offense, the
offender
or
delinquent child
also shall include on the signed, written
registration
form all of the
following information:
(a) A specific declaration that the person has been
adjudicated a sexual predator, has been determined to
be a
habitual sex offender, or was convicted of or pleaded guilty to an
aggravated sexually oriented offense, whichever is applicable;
(b) If the offender
or delinquent child has been adjudicated
a sexual predator, the (6) The identification license plate
number
of each motor vehicle the offender
or delinquent child owns
and,
of each motor
vehicle registered in the offender's
or
delinquent
child's name, of each vehicle the offender or delinquent
child
operates as a part of employment, and of each other vehicle that
is regularly available to be operated by the offender
or
delinquent child;
a description of where each vehicle is
habitually parked, stored,
docked, or otherwise kept; and, if
required by the bureau of criminal
identification and
investigation, a photograph of each of those
vehicles;
(7) If the offender or delinquent child has a driver's or commercial driver's license or permit issued by this state or any other state or a state identification card issued under section 4507.50 or 4507.51 of the Revised Code or a comparable identification card issued by another state, the driver's license number, commercial driver's license number, or state identification card number;
(8) If the offender or delinquent child was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing the sexually oriented offense resulting in the registration duty in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States, a DNA specimen, as defined in section 109.573 of the Revised Code, from the offender or delinquent child, a citation for, and the name of, the sexually oriented offense resulting in the registration duty, and a certified copy of a document that describes the text of that sexually oriented offense;
(9) A description of each professional and occupational license, permit, or registration, including those licenses, permits, and registrations issued under Title XLVII of the Revised Code, held by the offender or delinquent child;
(10) Any email addresses, internet identifiers, or telephone numbers registered to or used by the offender or delinquent child;
(11) Any other information required by the bureau of criminal identification and investigation.
(D) After an offender
or delinquent child registers with a
sheriff, or the sheriff's designee, pursuant to this section, the
sheriff, or the sheriff's designee, shall forward the
signed,
written registration form and, photograph, and other
material to
the bureau of
criminal identification and
investigation in
accordance with the
forwarding procedures adopted
pursuant to
section 2950.13 of the
Revised Code. If an offender
registers a
school, institution of higher education, or place of
employment
address, or provides a school or institution of higher
education
address under division (C)(1)(4) of this section, the
sheriff
also shall provide notice to the law enforcement agency
with
jurisdiction over the premises of the school, institution of
higher education, or place of employment of the offender's name
and that the offender has registered that address as a place at
which the offender attends school or an institution of higher
education or at which the offender is employed. The bureau shall
include the information and
materials forwarded to it under this
division in the state
registry of sex offenders and child victim
offenders established and maintained under section
2950.13 of the
Revised Code.
(E) No person who is required to register pursuant to divisions (A) and (B) of this section, and no person who is required to send a notice of intent to reside pursuant to division (G) of this section, shall fail to register or send the notice of intent as required in accordance with those divisions or that division.
(F) An offender or delinquent child who is required to register pursuant to divisions (A) and (B) of this section shall register pursuant to this section for the period of time specified in section 2950.07 of the Revised Code, with the duty commencing on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is adjudicated a sexual
predator or a habitual sexual offender subject to community
notification under division (C)(2) or (E) of section 2950.09 of
the Revised Code,
or if an offender who is required by division
(A) of this section to register has that duty as a result of a
conviction of or plea of guilty to an aggravated sexually oriented
offense a tier III sex offender/child-victim offender, the
offender or delinquent child also shall send
the
sheriff, or the
sheriff's designee, of the
county in which the offender or
delinquent
child
intends to reside
written notice of the
offender's or
delinquent
child's intent to
reside in the county.
The offender or
delinquent
child shall send
the notice of intent
to reside at
least twenty
days prior to the
date the offender or
delinquent
child begins to
reside in the
county. The notice of
intent to
reside shall contain
the following
information:
(1) The offender's or delinquent child's name;
(2) The address or addresses at which the offender or delinquent child intends to reside;
(3) The sexually oriented offense of which the offender was
convicted, to which the offender pleaded guilty, or for which the
child was adjudicated a delinquent child;
(4) A statement that the offender has
been adjudicated a
sexual predator, a statement that the delinquent child has been
adjudicated a sexual predator and that, as of the
date of the
notice, the court has not entered a determination that
the
delinquent child no longer is a sexual predator,
a
statement that
the sentencing or reviewing judge has
determined
that the offender
or delinquent child is a habitual sex
offender
and that, as of the
date of the notice, the determination
has not
been removed
pursuant to section 2152.84 or 2152.85 of the
Revised
Code, or a
statement that the offender was convicted of or
pleaded
guilty to
an aggravated sexually oriented offense.
(H) If, immediately prior to July 31, 2003 January 1, 2008,
an offender or delinquent child who was convicted of, pleaded
guilty to, or was adjudicated a delinquent child for committing a
sexually oriented offense or a child-victim oriented offense as
those terms were defined in section 2950.01 of the Revised Code
prior to January 1, 2008, was required by division (A) of this
section or section 2950.041 of the Revised Code to register and
if, on or after July 31, 2003 January 1, 2008, that offense no
longer is a sexually oriented offense but instead is designated a
child-victim oriented offense, division (A)(1)(c) or (2)(b) of
section 2950.041 of the Revised Code applies regarding the
offender or delinquent child and as that term is defined in
section 2950.01 of the Revised Code on and after January 1, 2008,
the duty to register that is imposed pursuant to that division
this section on and after January 1, 2008, shall be considered,
for purposes of section 2950.07 of the Revised Code and for all
other purposes, to be a continuation of the duty imposed upon the
offender or delinquent child prior to July 31, 2003 January 1,
2008, under this section or section 2950.041 of the Revised Code.
Sec. 2950.041. (A)(1) Each of the following types of (a)
Immediately after a sentencing hearing is held on or after January
1, 2008, for an offender who is convicted of or pleads guilty to a
child-victim oriented offense and is sentenced to a prison term, a
term of imprisonment, or any other type of confinement and before
the offender is transferred to the custody of the department of
rehabilitation and correction or to the official in charge of the
jail, workhouse, state correctional institution, or other
institution where the offender will be confined, the offender
shall register personally with the sheriff, or the sheriff's
designee, of the county in which
the offender was convicted of or
pleaded guilty to the
child-victim offense.
(b) Immediately after a dispositional hearing is held on or after January 1, 2008, for a child who is adjudicated a delinquent child for committing a child-victim oriented offense, is classified a juvenile offender registrant based on that adjudication, and is committed to the custody of the department of youth services or to a secure facility that is not operated by the department and before the child is transferred to the custody of the department of youth services or the secure facility to which the delinquent child is committed, the delinquent child shall register personally with the sheriff, or the sheriff's designee, of the county in which the delinquent child was classified a juvenile offender registrant based on that child-victim oriented offense.
(c) A law enforcement officer shall be present at the sentencing hearing or dispositional hearing described in division (A)(1)(a) or (b) of this section to immediately transport the offender or delinquent child who is the subject of the hearing to the sheriff, or the sheriff's designee, of the county in which the offender or delinquent child is convicted, pleads guilty, or is adjudicated a delinquent child.
(d) After an offender who has registered pursuant to division (A)(1)(a) of this section is released from a prison term, a term of imprisonment, or any other type of confinement, the offender shall register as provided in division (A)(2) of this section. After a delinquent child who has registered pursuant to division (A)(1)(b) of this section is released from the custody of the department of youth services or from a secure facility that is not operated by the department, the delinquent child shall register as provided in division (A)(3) of this section.
(2) Regardless of when the child-victim oriented offense was
committed, each offender who is convicted of or, pleads guilty to,
or has been convicted of, or has pleaded guilty to, a child-victim
oriented offense shall comply with all of the following
registration requirements:
(a) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county within five three days
of the offender's coming into
a county in which the offender
resides or temporarily is domiciled
for more than five three
days,.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county immediately upon coming
into a county in which the
offender attends a school or
institution of higher education on a
full-time or part-time basis
regardless of whether the offender
resides or has a temporary
domicile in this state or another
state,.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender is
employed if the offender
resides or has a temporary domicile in
this state and has been
employed in that county for more than
fourteen three days or for an
aggregate period of thirty fourteen
or more days in that calendar year,.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee,
of the county in which the offender
then is employed if the
offender does not reside or have a
temporary domicile in this
state and has been employed at any
location or locations in this
state for more than fourteen three
days or for an aggregate period of
thirty fourteen or more days
in that calendar year, and.
(e) The offender shall register personally with the sheriff,
or the sheriff's designee,
or other appropriate person of the
other state immediately upon
entering into any state other than
this state in which the
offender attends a school or institution
of higher education on a
full-time or part-time basis or upon
being employed in any state
other than this state for more than
fourteen three days or for an
aggregate period of thirty fourteen
or more days in that calendar year
regardless of whether the
offender resides or has a temporary
domicile in this state, the
other state, or a different state:.
(a) Regardless of when the child-victim oriented offense was
committed, an offender who is sentenced for the child-victim
oriented offense to a prison term, a term of imprisonment, or any
other type of confinement and, on or after July 31, 2003, is
released in any manner from the prison term, term of imprisonment,
or confinement;
(b) Regardless of when the child-victim oriented offense was
committed, an offender who is sentenced for a child-victim
oriented offense on or after July 31, 2003, and to whom division
(A)(1)(a) of this section does not apply;
(c) If the child-victim oriented offense was committed prior
to July 31, 2003, if the offense was considered prior to that date
to be a sexually oriented offense, and if neither division
(A)(1)(a) nor division (A)(1)(b) of this section applies, an
offender who, immediately prior to July 31, 2003, was required to
register as a result of conviction of or plea of guilty to the
commission of that offense under section 2950.04 of the Revised
Code. For any offender who is described in this division, the duty
imposed under this division shall be considered, for purposes of
section 2950.07 of the Revised Code and for all other purposes, to
be a continuation of the duty imposed upon the offender prior to
July 31, 2003, under section 2950.04 of the Revised Code.
(2) Each of the following types of delinquent children shall
register personally with the sheriff of the county within five
days of the delinquent child's coming into a county in which the
delinquent child resides or temporarily is domiciled for more than
five days:
(a)(3) Regardless of when the child-victim oriented offense
was committed, a each child who on or after July 31, 2003, is
adjudicated a delinquent child for committing a child-victim
oriented offense and who is classified a juvenile offender
registrant based on that adjudication shall register personally
with the sheriff, or the sheriff's designee, of the county within
three days of the delinquent
child's coming into a county in
which the delinquent child resides
or temporarily is domiciled
for more than three days. If the
delinquent child is committed
for the child-victim oriented
offense to the department of youth
services or to a secure
facility that is not operated by the
department, this duty begins
when the delinquent child is
discharged or released in any manner
from custody in a department
of youth services secure facility or
from the secure facility
that is not operated by the department,
if pursuant to the
discharge or release the delinquent child is
not committed to any
other secure facility of the department or
any other secure
facility. The delinquent child does not have a
duty to register
under this division while the child is in a
department of youth
services secure facility or in a secure
facility that is not
operated by the department.
(b) If the child-victim oriented offense was committed prior
to July 31, 2003, if the offense was considered prior to that date
to be a sexually oriented offense, and if division (A)(2)(a) of
this section does not apply, a delinquent child who, immediately
prior to July 31, 2003, was classified a juvenile sex offender
registrant and required to register as a result of a delinquent
child adjudication for the commission of that offense under
section 2950.04 of the Revised Code. For any delinquent child who
is described in this division, the duty imposed under this
division shall be considered, for purposes of section 2950.07 of
the Revised Code and for all other purposes, to be a continuation
of the duty imposed upon the delinquent child prior to July 31,
2003, under section 2950.04 of the Revised Code. If the delinquent
child is committed for the child-victim oriented offense to the
department of youth services or to a secure facility that is not
operated by the department, the provisions of division (A)(2)(a)
of this section regarding the beginning, and tolling, of a duty
imposed under that division also apply regarding the beginning,
and tolling, of the duty imposed under this division.
(3) If divisions (A)(1) and (2) of this section do not apply,
each following type of offender and each following type of
delinquent child shall register personally with the sheriff of the
county within five days of the offender's or delinquent child's
coming into a county in which the offender or delinquent child
resides or temporarily is domiciled for more than five days, and
each following type of offender shall register personally with the
sheriff of the county immediately upon coming into a county in
which the offender attends a school or institution of higher
education on a full-time or part-time basis regardless of whether
the offender resides or has a temporary domicile in this state or
another state, shall register personally with the sheriff of the
county in which the offender is employed if the offender resides
or has a temporary domicile in this state and has been employed in
that county for more than fourteen days or for an aggregate period
of thirty or more days in that calendar year, and shall register
personally with the sheriff of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has been employed at any
location or locations in this state for more than fourteen days or
for an aggregate period of thirty or more days in that calendar
year:
(a)(4) Regardless of when the child-victim oriented offense
was committed, a each person who is convicted, pleads guilty, or
is adjudicated a delinquent child in a court in another state, in
a federal court, military court, or Indian tribal court, or in a
court in any nation other than the United States for committing a
child-victim oriented offense, if, on or after July 31, 2003, the
offender or delinquent child moves to and resides in this state or
temporarily is domiciled in this state for more than five days,
the offender enters this state to attend any school or institution
of higher education on a full-time or part-time basis, or the
offender is employed in this state for more than fourteen days or
for an aggregate period of thirty or more days in any calendar
year, and shall comply with all of the following registration
requirements if, at the time the offender or delinquent child
moves to and resides in this state or temporarily is domiciled in
this state for more than five three days, the offender enters this
state to attend the school or institution of higher education, or
the offender is employed in this state for more than the specified
period of time, the offender or delinquent child has a duty to
register as a child-victim offender or sex offender under the law
of that other jurisdiction as a result of the conviction, guilty
plea, or adjudication:
(a) Each offender and delinquent child shall register personally with the sheriff, or the sheriff's designee, of the county within three days of the offender's or delinquent child's coming into the county in which the offender or delinquent child resides or temporarily is domiciled for more than three days.
(b) Each offender shall register personally with the sheriff, or the sheriff's designee, of the county immediately upon coming into a county in which the offender attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender resides or has a temporary domicile in this state or another state.
(c) Each offender shall register personally with the sheriff, or the sheriff's designee, of the county in which the offender is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than three days or for an aggregate period of fourteen days or more in that calendar year.
(d) Each offender shall register personally with the sheriff, or the sheriff's designee, of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has not been employed at any location or locations in this state for more than three days or for an aggregate period of fourteen or more days in that calendar year.
(5) An offender is not required to register under division (A)(2), (3), or (4) of this section if a court issues an order terminating the offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to section 2950.15 of the Revised Code. A delinquent child who is a juvenile offender registrant but is not a public registry-qualified juvenile offender registrant is not required to register under any of those divisions if a juvenile court issues an order declassifying the delinquent child as a juvenile offender registrant pursuant to section 2152.84 or 2152.85 of the Revised Code.
(b) Regardless of when the child-victim oriented offense was
committed, a person who is convicted, pleads guilty, or
adjudicated a delinquent child in a court in another state, in a
federal court, military court, or Indian tribal court, or in a
court in any nation other than the United States for committing a
child-victim oriented offense, if, on or after July 31, 2003, the
offender or delinquent child is released from imprisonment,
confinement, or detention imposed for that offense, and if, on or
after July 31, 2003, the offender or delinquent child moves to and
resides in this state or temporarily is domiciled in this state
for more than five days, the offender enters this state to attend
any school or institution of higher education on a full-time or
part-time basis, or the offender is employed in this state for
more than fourteen days or for an aggregate period of thirty or
more days in any calendar year. The duty to register as described
in this division applies to an offender regardless of whether the
offender, at the time of moving to and residing in this state or
temporarily being domiciled in this state for more than five days,
at the time of entering into this state to attend the school or
institution of higher education, or at the time of being employed
in this state for more than the specified period of time, has a
duty to register as a child-victim offender or sex offender under
the law of the jurisdiction in which the conviction or guilty plea
occurred. The duty to register as described in this division
applies to a delinquent child only if the delinquent child, at the
time of moving to and residing in this state or temporarily being
domiciled in this state for more than five days, has a duty to
register as a child-victim offender or sex offender under the law
of the jurisdiction in which the delinquent child adjudication
occurred or if, had the delinquent child adjudication occurred in
this state, the adjudicating juvenile court judge would have been
required to issue an order classifying the delinquent child as a
juvenile offender registrant pursuant to section 2152.82 or
division (A) of section 2152.83 of the Revised Code.
(4) If neither division (A)(1), (2), nor (3) of this section
applies and if the offender is adjudicated a child-victim predator
under division (C) of section 2950.091 of the Revised Code, the
offender shall register within five days of the adjudication with
the sheriff of the county in which the offender resides or
temporarily is domiciled for more than five days, shall register
with the sheriff of any county in which the offender subsequently
resides or temporarily is domiciled for more than five days within
five days of coming into that county, shall register within five
days of the adjudication with the sheriff of the county in which
the offender attends any school or institution of higher education
on a full-time or part-time basis or in which the offender is
employed if the offender has been employed in that county for more
than fourteen days or for an aggregate period of thirty or more
days in that calendar year regardless of whether the offender
resides or has temporary domicile in this state or another state,
and shall register within five days of the adjudication with the
sheriff or other appropriate person of any state other than this
state in which the offender attends a school or institution of
higher education on a full-time or part-time basis or in which the
offender then is employed if the offender has been employed in
this state for more than fourteen days or for an aggregate period
of thirty or more days in any calendar year regardless of whether
the offender resides or has temporary domicile in this state, the
other state, or a different state.
(5) A person who is adjudicated a delinquent child for
committing a child-victim oriented offense is not required to
register under division (A)(2) of this section unless the
delinquent child committed the offense on or after July 31, 2003,
is classified a juvenile offender registrant by a juvenile court
judge pursuant to an order issued under section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code based on that
adjudication, and has a duty to register pursuant to division
(A)(2) of this section.
(B) An offender or delinquent child who is required by division (A) of this section to register in this state personally shall do so in the manner described in division (B) of section 2950.04 of the Revised Code, and the registration is complete as described in that division.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include the photograph of the offender
or delinquent child who is registering and shall or contain all of
the following for the offender or delinquent child who is
registering:
(1) The offender's or delinquent child's name, any aliases used by the offender or delinquent child, and a photograph of the offender or delinquent child;
(2) The offender's or delinquent child's social security number and date of birth, including any alternate social security numbers or dates of birth that the offender or delinquent child has used or uses;
(3) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1) of this section, a statement that the offender is serving a prison term, term of imprisonment, or any other type of confinement or a statement that the delinquent child is in the custody of the department of youth services or is confined in a secure facility that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1), (2), (3),
or (4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than five three days, all of the information
described in division (C)(1)(4) of section 2950.04 of the Revised
Code;
(2)(5) Regarding an offender who is registering under a duty
imposed under division (A)(1), (3),(2) or (4) of this section as a
result of the offender attending a school or institution of higher
education on a full-time or part-time basis or being employed in
this state or in a particular county in this state, whichever is
applicable, for more than fourteen three days or for an aggregate
of
thirty fourteen or more days in any calendar year, all of the
information
described in division (C)(2)(5) of section 2950.04 of
the Revised
Code;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1), (2), (3),
or (4) of this section, if the offender has been adjudicated a
child-victim predator relative to the child-victim oriented
offense in question, if the delinquent child has been adjudicated
a child-victim predator relative to the child-victim oriented
offense in question and the court has not subsequently determined
pursuant to section 2152.84 or 2152.85 of the Revised Code that
the delinquent child no longer is a child-victim predator, if the
offender or delinquent child is automatically classified a
habitual child-victim offender under division (E) of section
2950.091 of the Revised Code, or if the judge determined pursuant
to division (C) or (E) of section 2950.091 or pursuant to section
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the
offender or delinquent child is a habitual child-victim offender
and the determination has not been removed pursuant to section
2152.84 or 2152.85 of the Revised Code, the offender or delinquent
child shall include on the signed, written registration form all
of the information described in division (C)(3) of section 2950.04
of the Revised Code.
(6) The identification license plate number issued by this state or any other state of each vehicle the offender or delinquent child owns, of each vehicle registered in the offender's or delinquent child's name, of each vehicle the offender or delinquent child operates as a part of employment, and of each other vehicle that is regularly available to be operated by the offender or delinquent child; a description of where each vehicle is habitually parked, stored, docked, or otherwise kept; and, if required by the bureau of criminal identification and investigation, a photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver's or commercial driver's license or permit issued by this state or any other state or a state identification card issued under section 4507.50 or 4507.51 of the Revised Code or a comparable identification card issued by another state, the driver's license number, commercial driver's license number, or state identification card number;
(8) If the offender or delinquent child was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing the child-victim oriented offense resulting in the registration duty in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States, a DNA specimen, as defined in section 109.573 of the Revised Code, from the offender or delinquent child, a citation for, and the name of, the child-victim oriented offense resulting in the registration duty, and a certified copy of a document that describes the text of that child-victim oriented offense;
(9) Copies of travel and immigration documents;
(10) A description of each professional and occupational license, permit, or registration, including those licenses, permits, and registrations issued under Title XLVII of the Revised Code, held by the offender or delinquent child;
(11) Any email addresses, internet identifiers, or telephone numbers registered to or used by the offender or delinquent child;
(12) Any other information required by the bureau of criminal identification and investigation.
(D) Division (D) of section 2950.04 of the Revised Code applies when an offender or delinquent child registers with a sheriff pursuant to this section.
(E) No person who is required to register pursuant to divisions (A) and (B) of this section, and no person who is required to send a notice of intent to reside pursuant to division (G) of this section, shall fail to register or send the notice as required in accordance with those divisions or that division.
(F) An offender or delinquent child who is required to register pursuant to divisions (A) and (B) of this section shall register pursuant to this section for the period of time specified in section 2950.07 of the Revised Code, with the duty commencing on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is adjudicated a
child-victim predator or a habitual child-victim offender subject
to community notification under division (C)(2) or (E) of section
2950.091 of the Revised Code a tier III sex offender/child-victim
offender, the offender or delinquent child also shall send the
sheriff, or the sheriff's designee, of the county in which the
offender or delinquent child
intends to reside written notice of
the offender's or delinquent
child's intent to reside in the
county. The offender or delinquent
child shall send the notice of
intent to reside at least twenty
days prior to the date the
offender or delinquent child begins to
reside in the county. The
notice of intent to reside shall contain
all of the following
information:
(1) The information specified in divisions (G)(1) and (2) of section 2950.04 of the Revised Code;
(2) The child-victim oriented offense of which the offender
was convicted, to which the offender pleaded guilty, or for which
the child was adjudicated a delinquent child;
(3) A statement that the offender has been adjudicated a
child-victim predator, a statement that the delinquent child has
been adjudicated a child-victim predator and that, as of the date
of the notice, the court has not entered a determination that the
delinquent child no longer is a child-victim predator, or a
statement that the sentencing or reviewing judge has determined
that the offender or delinquent child is a habitual child-victim
offender and that, as of the date of the notice, the determination
has not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code.
(H) If, immediately prior to January 1, 2008, an offender or delinquent child who was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing a child-victim oriented offense or a sexually oriented offense as those terms were defined in section 2950.01 of the Revised Code prior to January 1, 2008, was required by division (A) of this section or section 2950.04 of the Revised Code to register and if, on or after January 1, 2008, that offense is a child-victim oriented offense as that term is defined in section 2950.01 of the Revised Code on and after January 1, 2008, the duty to register that is imposed pursuant to this section on and after January 1, 2008, shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty imposed upon the offender or delinquent child prior to January 1, 2008, under this section or section 2950.04 of the Revised Code.
Sec. 2950.042. By January 1, 2008, the department of rehabilitation and correction, the adult parole authority, and the department of youth services shall adopt rules to require parole officers to verify within three days of an offender's or delinquent child's release that the offender or delinquent child has registered as provided in divisions (A)(2) and (3) of section 2950.04 of the Revised Code or in divisions (A)(2) and (3) of section 2950.041 of the Revised Code, whichever is applicable.
Sec. 2950.043. If an offender or delinquent child registers with a sheriff pursuant to section 2950.04 or 2950.041 of the Revised Code on or after December 1, 2007, if the offender or delinquent child previously has not registered under either section with that sheriff or any other sheriff, and if the offender or delinquent child was convicted of, pleaded guilty to, or was classified a juvenile offender registrant relative to the sexually oriented offense or child-victim oriented offense upon which the registration was based prior to December 1, 2007, as soon as practicable after the registration, the sheriff shall contact the attorney general, inform the attorney general of the registration, and forward to the attorney general in the manner specified in division (D) of section 2950.04 of the Revised Code all of the information and material specified in that division. Upon being informed of the registration and receiving the information and material, the attorney general shall comply with division (B) of section 2950.031 of the Revised Code.
Sec. 2950.05. (A) If an offender
or delinquent child is
required to
register
pursuant to division (A)(2), (3), or (4) of
section 2950.04 or 2950.041 of the Revised
Code, the offender
or
delinquent
child,
at least
twenty days
prior
to
changing the
offender's
or delinquent child's residence
address, or the
offender, at least twenty days prior to changing the address of
the offender's school or institution of higher education and not
later than five days after changing the address of the offender's
place of employment,
during
the period during which the
offender
or delinquent
child is
required to register, if not a public
registry-qualified juvenile offender registrant shall provide
written
notice of the any change of
residence address, and the
offender and public registry-qualified juvenile offender
registrant
shall provide notice of any change of residence,
school, institution of
higher education, or place of employment
address change, as
applicable, to the sheriff
with whom the
offender
or
delinquent
child most recently registered the address
under division (A)(2),
(3), or (4) of section 2950.04 or 2950.041
of
the
Revised Code or
under division (B) of this section. A
written notice of a change
of school, institution of higher
education, or place of employment
address also shall include the
name of the new school, institution
of higher education, or place
of employment. The
delinquent child if not a public
registry-qualified juvenile offender registrant shall provide the
written notice at least twenty
days prior to changing the
residence address, and the offender and public registry-qualified
juvenile offender registrant
shall provide the written notice at
least twenty days prior to
changing the address of the residence,
school, or institution of higher
education and not later than
three days after changing the address
of the place of employment.
They shall provide the written notices
during the period they are
required to register. If a residence
address change is not to a
fixed address, the offender or
delinquent child shall include in
that notice a detailed
description of the place or places at
which the offender or
delinquent child intends to stay and, not
later than the end of
the first business day immediately
following the day on which the
person obtains a fixed residence
address, shall provide that
sheriff written notice of that fixed
residence address. If a
person whose residence address change is
not to a fixed address
describes in a notice under this division
the place or places at
which the person intends to stay, for
purposes of divisions (C) to
(H)(I) of this section, sections
2950.06 to 2950.13 of the Revised
Code, and sections 311.171 and
2919.24 of the Revised Code, the
place or places so described in
the notice shall be considered the
person's residence address and
registered residence address, until
the person provides the
written notice of a fixed residence
address as described in this
division.
(B) If an offender or public registry-qualified juvenile
offender registrant
is required to
provide notice of a
residence,
school, institution of higher education, or place of
employment
address change under division
(A) of
this section, or a
delinquent child who is not a public registry-qualified juvenile
offender registrant is required to provide notice of a residence
address change under that division, the offender
or delinquent
child, at least
twenty
days prior to
changing the residence,
school, or institution of higher education address and not later
than five three days after changing the place of employment
address, as applicable, also shall
register
the new address in the
manner, and using the form, described in
divisions (B)
and (C) of
section 2950.04 or 2950.041 of the
Revised Code, whichever is
applicable, with
the sheriff of
the county in
which the offender's
or delinquent
child's new
address is
located, subject to division
(C)
of this
section. If a residence address change is not to a
fixed address, the offender or delinquent child shall include in
the registration a detailed description of the place or places at
which the offender or delinquent child intends to stay and, not
later than the end of the first business day immediately following
the day on which the person obtains a fixed residence address,
shall register with that sheriff that fixed residence address. If
a person whose residence address change is not to a fixed address
describes in a registration under this division the place or
places at which the person intends to stay, for purposes of
divisions (C) to (H)(I) of this section, sections 2950.06 to
2950.13
of the Revised Code, and sections 311.171 and 2919.24 of
the
Revised Code, the place or places so described in the
registration
shall be considered the person's residence address
and registered
residence address, until the person registers a
fixed residence
address as described in this division.
(C) Divisions (A) and (B) of this section apply to a person who is required to register pursuant to division (A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised Code regardless of whether the new residence, school, institution of higher education, or place of employment address is in this state or in another state. If the new address is in another state, the person shall register with the appropriate law enforcement officials in that state in the manner required under the law of that state and within the earlier of the period of time required under the law of that state or at least seven days prior to changing the address.
(D) If an offender or delinquent child who is a public registry-qualified juvenile offender registrant is required to register pursuant to division (A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised Code, the offender or public registry-qualified juvenile offender registrant shall provide written notice, within three days of the change, of any change in vehicle information, email addresses, internet identifiers, or telephone numbers registered to or used by the offender or registrant to the sheriff with whom the offender or registrant has most recently registered under division (A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised Code.
(E)(1) Upon receiving from an offender
or delinquent child
pursuant to
division
(A) of this section notice of a change of the
offender's or public registry-qualified juvenile offender
registrant's
residence, school, institution of higher education,
or
place of employment address or the delinquent child's
residence
address of a delinquent child who is not a public
registry-qualified juvenile offender registrant, a sheriff
promptly
shall
forward the new address to the
bureau of
criminal
identification and investigation in accordance
with the
forwarding procedures
adopted pursuant to section 2950.13
of the
Revised Code
if the new address is in another state or,
if
the
new
address is
located in another county in this state, to the
sheriff
of that
county. Upon receiving from
an offender or public
registry-qualified juvenile offender
registrant notice of vehicle
and identifier changes pursuant to
division (D) of this section,
a sheriff promptly shall forward the
new information to the
bureau of criminal identification and
investigation in accordance
with the forwarding procedures adopted
pursuant to section
2950.13 of the Revised Code. The bureau
shall include all
information
forwarded to it
under this division in the state
registry of sex
offenders and child-victim offenders
established
and maintained
under section 2950.13 of
the Revised
Code and
shall forward
notice
of the offender's
or delinquent
child's new
residence, school,
institution of higher education, or place of
employment address,
as applicable, to
the appropriate officials
in the
other state.
(2) When an offender or public registry-qualified juvenile offender registrant registers a new residence, school, institution of higher education, or place of employment address or a delinquent child who is not a public registry-qualified juvenile offender registrant registers a new residence address pursuant to division (B) of this section, the sheriff with whom the offender or delinquent child registers and the bureau of criminal identification and investigation shall comply with division (D) of section 2950.04 or 2950.041 of the Revised Code, whichever is applicable.
(E)(F)(1) No person who is required to notify a sheriff of a
change
of address pursuant to division (A) of this section or a
change in vehicle
information or identifiers pursuant to division
(D) of this
section shall
fail to
notify the appropriate sheriff
in accordance with that
division.
(2) No person who is required to register a new residence, school, institution of higher education, or place of employment address with a sheriff or with an official of another state pursuant to divisions (B) and (C) of this section shall fail to register with the appropriate sheriff or official of the other state in accordance with those divisions.
(F)(G)(1) It is an affirmative defense to a charge of a
violation of division (E)(F)(1) of this section that it was
impossible for the person to provide the written notice to the
sheriff as required under division (A) of this section because of
a lack of knowledge, on the date specified for the provision of
the written notice, of a residence, school, institution of higher
education, or place of employment address change, and that the
person provided notice of the residence, school, institution of
higher education, or place of employment address change to the
sheriff specified in division (A) of this section as soon as
possible, but not later than the end of the first business day,
after learning of the address change by doing either of the
following:
(a) The person provided notice of the address change to the sheriff specified in division (A) of this section by telephone immediately upon learning of the address change or, if the person did not have reasonable access to a telephone at that time, as soon as possible, but not later than the end of the first business day, after learning of the address change and having reasonable access to a telephone, and the person, as soon as possible, but not later than the end of the first business day, after providing notice of the address change to the sheriff by telephone, provided written notice of the address change to that sheriff.
(b) The person, as soon as possible, but not later than the end of the first business day, after learning of the address change, provided written notice of the address change to the sheriff specified in division (A) of this section.
(2) It is an affirmative defense to a charge of a violation
of division (E)(F)(2) of this section that it was impossible for
the
person to register the new address with the sheriff or the
official of the other state as required under division (B) or (C)
of this section because of a lack of knowledge, on the date
specified for the registration of the new address, of a residence,
school, institution of higher education, or place of employment
address change, and that the person registered the new residence,
school, institution of higher education, or place of employment
address with the sheriff or the official of the other state
specified in division (B) or (C) of this section as soon as
possible, but not later than the end of the first business day,
after learning of the address change by doing either of the
following:
(a) The person provided notice of the new address to the sheriff or official specified in division (B) or (C) of this section by telephone immediately upon learning of the new address or, if the person did not have reasonable access to a telephone at that time, as soon as possible, but not later than the end of the first business day, after learning of the new address and having reasonable access to a telephone, and the person, as soon as possible, but not later than the end of the first business day, after providing notice of the new address to the sheriff or official by telephone, registered the new address with that sheriff or official in accordance with division (B) or (C) of this section.
(b) The person, as soon as possible, but not later than the end of the first business day, after learning of the new address, registered the new address with the sheriff or official specified in division (B) or (C) of this section, in accordance with that division.
(G)(H) An offender
or delinquent child who is required to
comply
with
divisions (A), (B), and (C) of this section shall
do
so for
the period of time specified in section 2950.07 of the
Revised
Code.
(H)(I) As used in this section, and in all other sections of
the
Revised Code that refer to the duties imposed on an offender
or
delinquent child under this section relative to a change in
the
offender's or delinquent child's residence, school,
institution of
higher education, or place of employment address,
"change in
address" includes any circumstance in which the old
address for
the person in question no longer is accurate,
regardless of
whether the person in question has a new address.
Sec. 2950.06. (A) An offender
or delinquent child who is
required to
register a residence address pursuant to division
(A)(2), (3), or (4) of section 2950.04 or 2950.041
of the Revised
Code shall periodically verify the offender's
or delinquent
child's current
residence address, and an offender or public
registry-qualified juvenile offender registrant who is required
to register a school, institution of higher education, or place of
employment address pursuant to either any of those sections
divisions shall periodically verify the address of the offender's
or public
registry-qualified juvenile offender registrant's
current school, institution of higher education, or place of
employment, in accordance with this section.
The frequency of
verification shall be determined in accordance
with division
(B)
of this section, and the manner of
verification
shall be
determined in accordance with division
(C) of this
section.
(B) The frequency with which an offender or delinquent child must verify the offender's or delinquent child's current residence, school, institution of higher education, or place of employment address pursuant to division (A) of this section shall be determined as follows:
(1) Regardless of when the sexually oriented offense or
child-victim oriented offense for
which the
offender
or delinquent
child is required to
register was
committed, if the offender or
delinquent child is a tier I sex offender/child-victim offender,
the
offender
shall
verify
the
offender's
current
residence address
or current school, institution of higher education, or place of
employment address, and the delinquent child shall verify the
delinquent child's current residence address, in
accordance with
division (C)
of this section every ninety
days
after on each
anniversary of the
offender's
or
delinquent child's initial
registration
date during
the period the
offender
or delinquent
child is
required to
register if any of the following applies:
(a) The offender or delinquent child is required to register
based on a sexually oriented offense, and either the offender has
been adjudicated a sexual predator relative to the sexually
oriented offense, the delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense and the
court has not subsequently entered a determination pursuant to
section 2152.84 or 2152.85 of the Revised Code that the delinquent
child no longer is a sexual predator, or the offender is required
to register as a result of an aggravated sexually oriented
offense.
(b) The offender or delinquent child is required to register
based on a child-victim oriented offense, and either the offender
has been adjudicated a child-victim predator relative to the
child-victim oriented offense or the delinquent child has been
adjudicated a child-victim predator relative to the child-victim
oriented offense and the court has not subsequently entered a
determination pursuant to section 2152.84 or 2152.85 of the
Revised Code that the delinquent child no longer is a child-victim
predator.
(2) In all circumstances not described in division
(B)(1) of
this section Regardless of when the sexually oriented offense or
child-victim oriented offense for which the offender or delinquent
child is required to register was committed, if the offender or
delinquent child is a tier II sex offender/child-victim offender,
the offender
shall verify
the
offender's
current residence address
or current school, institution of higher education, or place of
employment address, and the delinquent child shall verify the
delinquent child's current residence address, in
accordance with
division (C) of this section on each
anniversary
of every one
hundred eighty days after the offender's
or delinquent child's
initial
registration date
during the period the
offender
or
delinquent child is required to
register.
(3) Regardless of when the sexually oriented offense or child-victim oriented offense for which the offender or delinquent child is required to register was committed, if the offender or delinquent child is a tier III sex offender/child-victim offender, the offender shall verify the offender's current residence address or current school, institution of higher education, or place of employment address, and the delinquent child shall verify the delinquent child's current residence address and, if the delinquent child is a public registry-qualified juvenile offender registrant, the current school, institution of higher education, or place of employment address, in accordance with division (C) of this section every ninety days after the offender's or delinquent child's initial registration date during the period the offender or delinquent child is required to register.
(4) If, prior to the effective date of this amendment January
1, 2008, an offender or delinquent child registered with a sheriff
under a duty imposed under section 2950.04 or 2950.041 of the
Revised Code as a result of a conviction of, plea of guilty to, or
adjudication as a delinquent child for committing a sexually
oriented offense and if, on or after the effective date of this
amendment, that offense no longer is a sexually oriented offense
but instead is or a child-victim oriented offense as those terms
were defined in section 2950.01 of the Revised Code prior to
January 1, 2008, the duty to register that is imposed on the
offender or delinquent child pursuant to section 2950.04 or
2950.041 of the Revised Code on and after January 1, 2008, is a
continuation of the duty imposed upon the offender prior to the
effective date of this amendment January 1, 2008, under section
2950.04 or 2950.041 of the Revised Code and, for purposes of
divisions (B)(1) and, (2), and (3) of this section, the offender's
initial registration date related to that offense is the date on
which the offender initially registered under section 2950.04 or
2950.041 of the Revised Code.
(C)(1) An offender or delinquent child who is required to verify the offender's or delinquent child's current residence, school, institution of higher education, or place of employment address pursuant to division (A) of this section shall verify the address with the sheriff with whom the offender or delinquent child most recently registered the address by personally appearing before the sheriff or a designee of the sheriff, no earlier than ten days before the date on which the verification is required pursuant to division (B) of this section and no later than the date so required for verification, and completing and signing a copy of the verification form prescribed by the bureau of criminal identification and investigation. The sheriff or designee shall sign the completed form and indicate on the form the date on which it is so completed. The verification required under this division is complete when the offender or delinquent child personally appears before the sheriff or designee and completes and signs the form as described in this division.
(2) To facilitate the verification of an offender's or delinquent child's current residence, school, institution of higher education, or place of employment address, as applicable, under division (C)(1) of this section, the sheriff with whom the offender or delinquent child most recently registered the address may mail a nonforwardable verification form prescribed by the bureau of criminal identification and investigation to the offender's or delinquent child's last reported address and to the last reported address of the parents of the delinquent child, with a notice that conspicuously states that the offender or delinquent child must personally appear before the sheriff or a designee of the sheriff to complete the form and the date by which the form must be so completed. Regardless of whether a sheriff mails a form to an offender or delinquent child and that child's parents, each offender or delinquent child who is required to verify the offender's or delinquent child's current residence, school, institution of higher education, or place of employment address, as applicable, pursuant to division (A) of this section shall personally appear before the sheriff or a designee of the sheriff to verify the address in accordance with division (C)(1) of this section.
(D) The verification form to be used under division (C) of this section shall contain all of the following:
(1) Except as provided in division (D)(2) of this section, the current residence address of the offender or delinquent child, the name and address of the offender's or delinquent child's employer if the offender or delinquent child is employed at the time of verification or if the offender or delinquent child knows at the time of verification that the offender or delinquent child will be commencing employment with that employer subsequent to verification, the name and address of the offender's or public registry-qualified juvenile offender registrant's school or institution of higher education if the offender or public registry-qualified juvenile offender registrant attends one at the time of verification or if the offender or public registry-qualified juvenile offender registrant knows at the time of verification that the offender will be commencing attendance at that school or institution subsequent to verification, and any other information required by the bureau of criminal identification and investigation.
(2) Regarding an offender or public registry-qualified juvenile offender registrant who is verifying a current school, institution of higher education, or place of employment address, the name and current address of the school, institution of higher education, or place of employment of the offender or public registry-qualified juvenile offender registrant and any other information required by the bureau of criminal identification and investigation.
(E) Upon an offender's or delinquent child's personal appearance and completion of a verification form under division (C) of this section, a sheriff promptly shall forward a copy of the verification form to the bureau of criminal identification and investigation in accordance with the forwarding procedures adopted by the attorney general pursuant to section 2950.13 of the Revised Code. If an offender or public registry-qualified juvenile offender registrant verifies a school, institution of higher education, or place of employment address, or provides a school or institution of higher education address under division (D)(1) of this section, the sheriff also shall provide notice to the law enforcement agency with jurisdiction over the premises of the school, institution of higher education, or place of employment of the offender's or public registry-qualified juvenile offender registrant's name and that the offender or public registry-qualified juvenile offender registrant has verified or provided that address as a place at which the offender or public registry-qualified juvenile offender registrant attends school or an institution of higher education or at which the offender or public registry-qualified juvenile offender registrant is employed. The bureau shall include all information forwarded to it under this division in the state registry of sex offenders and child-victim offenders established and maintained under section 2950.13 of the Revised Code.
(F) No person who is required to verify a current residence, school, institution of higher education, or place of employment address, as applicable, pursuant to divisions (A) to (C) of this section shall fail to verify a current residence, school, institution of higher education, or place of employment address, as applicable, in accordance with those divisions by the date required for the verification as set forth in division (B) of this section, provided that no person shall be prosecuted or subjected to a delinquent child proceeding for a violation of this division, and that no parent, guardian, or custodian of a delinquent child shall be prosecuted for a violation of section 2919.24 of the Revised Code based on the delinquent child's violation of this division, prior to the expiration of the period of time specified in division (G) of this section.
(G)(1) If an offender or delinquent child fails to verify a current residence, school, institution of higher education, or place of employment address, as applicable, as required by divisions (A) to (C) of this section by the date required for the verification as set forth in division (B) of this section, the sheriff with whom the offender or delinquent child is required to verify the current address, on the day following that date required for the verification, shall send a written warning to the offender or to the delinquent child and that child's parents, at the offender's or delinquent child's and that child's parents' last known residence, school, institution of higher education, or place of employment address, as applicable, regarding the offender's or delinquent child's duty to verify the offender's or delinquent child's current residence, school, institution of higher education, or place of employment address, as applicable.
The written warning shall do all of the following:
(a) Identify the sheriff who sends it and the date on which it is sent;
(b) State conspicuously
that the offender
or delinquent
child
has failed to
verify the
offender's or public
registry-qualified
juvenile offender registrant's
current residence, school,
institution of higher education, or place of employment address or
the delinquent child's current residence address of a delinquent
child who is not a public registry-qualified juvenile offender
registrant by the
date
required for
the
verification;
(c) Conspicuously state that the offender or delinquent child has seven days from the date on which the warning is sent to verify the current residence, school, institution of higher education, or place of employment address, as applicable, with the sheriff who sent the warning;
(d) Conspicuously state that a failure to timely verify the specified current address or addresses is a felony offense;
(e) Conspicuously state that, if the offender or public registry-qualified juvenile offender registrant verifies the current residence, school, institution of higher education, or place of employment address or the delinquent child who is not a public registry-qualified juvenile offender registrant verifies the current residence address with that sheriff within that seven-day period, the offender or delinquent child will not be prosecuted or subjected to a delinquent child proceeding for a failure to timely verify a current address and the delinquent child's parent, guardian, or custodian will not be prosecuted based on a failure of the delinquent child to timely verify an address;
(f) Conspicuously state that, if the offender or public
registry-qualified juvenile offender registrant
does
not verify
the
current residence, school, institution of higher education, or
place of employment address or the delinquent child verifies who
is not a public registry-qualified juvenile offender registrant
does
not verify the current residence address with that
sheriff
within
that
seven-day period, the offender
or delinquent
child
will be
arrested
or taken into custody, as appropriate, and
prosecuted
or
subjected to a delinquent child proceeding
for a
failure to timely
verify a current
address
and the
delinquent
child's parent,
guardian, or custodian may be
prosecuted for a
violation of
section 2919.24 of the Revised Code
based on the
delinquent
child's failure to timely verify a current
residence
address.
(2) If an offender or delinquent child fails to verify a current residence, school, institution of higher education, or place of employment address, as applicable, as required by divisions (A) to (C) of this section by the date required for the verification as set forth in division (B) of this section, the offender or delinquent child shall not be prosecuted or subjected to a delinquent child proceeding for a violation of division (F) of this section, and the delinquent child's parent, guardian, or custodian shall not be prosecuted for a violation of section 2919.24 of the Revised Code based on the delinquent child's failure to timely verify a current residence address and, if the delinquent child is a public registry-qualified juvenile offender registrant, the current school, institution of higher education, or place of employment address, as applicable, unless the seven-day period subsequent to that date that the offender or delinquent child is provided under division (G)(1) of this section to verify the current address has expired and the offender or delinquent child, prior to the expiration of that seven-day period, has not verified the current address. Upon the expiration of the seven-day period that the offender or delinquent child is provided under division (G)(1) of this section to verify the current address, if the offender or delinquent child has not verified the current address, all of the following apply:
(a) The sheriff with whom the offender or delinquent child is required to verify the current residence, school, institution of higher education, or place of employment address, as applicable, promptly shall notify the bureau of criminal identification and investigation of the failure.
(b) The sheriff with whom the offender or delinquent child is required to verify the current residence, school, institution of higher education, or place of employment address, as applicable, the sheriff of the county in which the offender or delinquent child resides, the sheriff of the county in which is located the offender's or public registry-qualified juvenile offender registrant's school, institution of higher education, or place of employment address that was to be verified, or a deputy of the appropriate sheriff, shall locate the offender or delinquent child, promptly shall seek a warrant for the arrest or taking into custody, as appropriate, of the offender or delinquent child for the violation of division (F) of this section and shall arrest the offender or take the child into custody, as appropriate.
(c) The offender or delinquent child is subject to prosecution or a delinquent child proceeding for the violation of division (F) of this section, and the delinquent child's parent, guardian, or custodian may be subject to prosecution for a violation of section 2919.24 of the Revised Code based on the delinquent child's violation of that division.
(H) An offender or public registry-qualified juvenile offender registrant who is required to verify the offender's or public registry-qualified juvenile offender registrant's current residence, school, institution of higher education, or place of employment address pursuant to divisions (A) to (C) of this section and a delinquent child who is not a public registry-qualified juvenile offender registrant who is required to verify the delinquent child's current residence address pursuant to those divisions shall do so for the period of time specified in section 2950.07 of the Revised Code.
Sec. 2950.07. (A) The duty of an offender who is convicted
of or,
pleads guilty to, or has been convicted of, or has pleaded
guilty
to, either a sexually
oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense
and the duty of a delinquent child
who is or has
been adjudicated a
delinquent child for committing either a
sexually
oriented offense that is not a registration-exempt
sexually oriented offense or a child-victim oriented offense and
is classified a juvenile offender
registrant or who is an
out-of-state juvenile offender
registrant
to comply with sections
2950.04, 2950.041,
2950.05, and
2950.06
of the Revised Code
commences on
whichever of the
following dates
is applicable:
(1) If the offender's duty to register is imposed pursuant to division (A)(1)(a) of section 2950.04 or division (A)(1)(a) of section 2950.041 of the Revised Code, the offender's duty to comply with those sections commences immediately after the entry of the judgment of conviction.
(2) If the delinquent child's duty to register is imposed pursuant to division (A)(1)(b) of section 2950.04 or division (A)(1)(b) of section 2950.041 of the Revised Code, the delinquent child's duty to comply with those sections commences immediately after the order of disposition.
(3) If the offender's duty to register is imposed
pursuant
to
division (A)(1)(a)(2) of
section 2950.04 or division (A)(1)(a)(2)
of section 2950.041 of the Revised Code, subject to division
(A)(7) of this section, the
offender's duty to
comply with those
sections commences regarding residence addresses on
the
date of
the offender's release from
a prison term, a term of
imprisonment,
or any other type of confinement
or on July 1,
1997, for a duty
under section 2950.04 or the effective date of this amendment for
a duty under section 2950.041 of the Revised Code,
whichever is
later, and commences regarding addresses of schools, institutions
of higher education, and places of employment on the date of the
offender's release from a prison term, term of imprisonment, or
any other type of confinement or on the effective date of this
amendment, whichever is later.
(2) If the offender's duty to register is imposed pursuant
to
division
(A)(1)(b)
of section 2950.04 or division (A)(1)(b) of
section 2950.041 of the Revised Code,
the
offender's duty to
comply with those sections commences regarding residence
addresses, or if the offender is not sentenced to a prison term, a
term of imprisonment, or any other type of confinement, on the
date of the entry of the judgment of
conviction of the sexually
oriented offense or child-victim oriented offense
or on July 1,
1997, for a duty under section 2950.04 or the effective date of
this amendment for a duty under section 2950.041 of the Revised
Code, whichever is
later, and commences regarding addresses of
schools, institutions of higher education, and places of
employment on the date of entry of the judgment of conviction of
the sexually oriented offense or child-victim oriented offense or
on the effective date of this amendment, whichever is later.
(3) If the offender's duty to register is imposed
pursuant
to
division (A)(1)(c) of
section 2950.04 of the Revised Code,
the
offender's duty to
comply with those sections commences regarding
residence addresses
fourteen
days after July
1, 1997, and
commences regarding addresses of schools, institutions of higher
education, and places of employment fourteen days after the
effective date of this amendment.
(4) If the offender's
or delinquent child's duty to register
is imposed pursuant
to division (A)(3)(a) or (b)(4) of
section
2950.04 or division (A)(3)(a) or (b)(4) of section 2950.041
of the
Revised
Code, the offender's duty to comply
with
those
sections
commences
regarding residence addresses on
the
date that
the
offender begins
to reside or becomes
temporarily
domiciled in
this
state or on March 30, 1999, for a duty under section 2950.04 of
the Revised Code or the effective date of this amendment for a
duty under section 2950.041 of the Revised Code,
whichever is
later, the offender's duty regarding addresses of schools,
institutions of higher education, and places of employment
commences on the effective date of this amendment or on the date
the offender begins attending any school or institution of higher
education in this state on a full-time or part-time basis or
becomes employed in this state, whichever is later, and the
delinquent child's duty
commences on
the date
the delinquent
child
begins to reside or becomes
temporarily
domiciled in this
state or
on January 1, 2002, for a duty under section 2950.04 of the
Revised Code or the effective date of this amendment for a duty
under section 2950.041 of the Revised Code,
whichever is later.
(5)
If the delinquent child's duty to register is imposed
pursuant to division (A)(2)(3)
of
section 2950.04 or division
(A)(2)(a)(3) of section 2950.041 of the Revised
Code, if the
delinquent child's classification as a juvenile
offender
registrant is made at the time of the child's disposition
for that
sexually oriented offense or child-victim oriented offense,
whichever is applicable, and if the delinquent child is
committed
for the sexually oriented offense or child-victim oriented offense
to the department of
youth services or to a secure facility that
is not operated by the
department, the delinquent child's duty to
comply with those
sections commences on the date of the
delinquent
child's discharge
or
release from
custody in the department of
youth
services secure
facility or from the secure facility not
operated by the
department
as described in that division.
(6) If the delinquent child's duty to register is imposed
pursuant to division (A)(2)(3)
of
section 2950.04 or division
(A)(2)(a)(3) of section 2950.041 of the Revised
Code
and if either
the delinquent child's classification as a juvenile
offender
registrant is made at the time of the child's
disposition for that
sexually oriented offense or child-victim oriented offense,
whichever is applicable, and the delinquent
child is not committed
for the sexually oriented offense or child-victim oriented offense
to the
department of youth services or to a secure facility that
is not
operated by the department or the child's classification as
a
juvenile offender registrant is made pursuant to sections
section
2152.83 or division (A)(2) of section 2152.86 of the
Revised Code, subject to divisions (A)(7) of this section, the
delinquent child's duty to
comply
with those sections commences on
the date of entry of the
court's
order that classifies the
delinquent child a juvenile
offender
registrant.
(7) If the offender's or delinquent child's duty to register is imposed pursuant to division (A)(2), (3), or (4) of section 2950.04 or section 2950.041 of the Revised Code and if the offender or delinquent child prior to January 1, 2008, has registered a residence, school, institution of higher education, or place of employment address pursuant to section 2950.04, 2950.041, or 2950.05 of the Revised Code as they existed prior to that date, the offender or delinquent child initially shall register in accordance with section 2950.04 or 2950.041 of the Revised Code, whichever is applicable, as it exists on and after January 1, 2008, not later than the earlier of the dates specified in divisions (A)(7)(a) and (b) of this section. The offender's or delinquent child's duty to comply thereafter with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code as they exist on and after January 1, 2008, commences on the date of that initial registration. The offender or delinquent child initially shall register under section 2950.04 or 2950.041 of the Revised Code as it exists on and after January 1, 2008, not later than the earlier of the following:
(a) The date that is six months after the date on which the offender or delinquent child received a registered letter from the attorney general under division (A)(2) or (B) of section 2950.031 of the Revised Code;
(b) The earlier of the date on which the offender or delinquent child would be required to verify a previously registered address under section 2950.06 of the Revised Code as it exists on and after January 1, 2008, or, if the offender or delinquent child has changed a previously registered address, the date on which the offender or delinquent child would be required to register a new residence, school, institution of higher education, or place of employment address under section 2950.05 of the Revised Code as it exists on and after January 1, 2008.
(8) If the offender's or delinquent child's duty to register
is was imposed pursuant to division (A)(1)(c) of section 2950.04
or 2950.041 of the Revised Code as they existed prior to January
1, 2008, the offender's or delinquent child's duty to comply with
those sections regarding residence addresses sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code as they exist
on and after January 1, 2008, is a continuation of the offender's
or delinquent child's former duty to register regarding residence
addresses imposed prior to the effective date of this amendment
January 1, 2008, under section 2950.04 or 2950.041 of the Revised
Code and shall be considered for all purposes as having commenced
on the date that the offender's former duty under that section
commenced. The offender's duty to comply with those sections
commences regarding addresses of schools, institutions of higher
education, and places of employment on the effective date of this
amendment.
(8) If the delinquent child's duty to register is imposed
pursuant to division (A)(2)(b) of section 2950.041 of the Revised
Code, the delinquent child's duty to comply with those sections is
a continuation of the delinquent child's former duty to register
imposed prior to the effective date of this amendment under
section 2950.04 of the Revised Code and shall be considered for
all purposes as having commenced on the date that the delinquent
child's former duty under that section commenced or commences.
(B) The duty of an offender who is convicted of or, pleads
guilty to, or has
been convicted of, or has
pleaded guilty to,
either a
sexually oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense
and the duty of a delinquent child who
is or has
been adjudicated a delinquent child for committing either a
sexually
oriented offense that is not a registration-exempt
sexually oriented offense or a child-victim oriented offense and
is classified a juvenile offender
registrant or who is an
out-of-state juvenile offender
registrant to comply
with sections
2950.04, 2950.041, 2950.05,
and 2950.06
of the Revised Code
continues, after
the
date of commencement, for
whichever of the
following periods
is applicable:
(1) Except as otherwise provided in this division, if the
offense is a sexually oriented offense that is not a
registration-exempt sexually oriented offense and the
person is an
offender or
delinquent child has
been adjudicated
a
sexual
predator who is a tier III sex offender/child-victim offender
relative to the sexually oriented offense or child-victim oriented
offense, if the person is a delinquent child who is a tier III sex
offender/child-victim offender relative to the sexually oriented
offense or child-victim oriented offense, or if the person is a
delinquent child who is a public registry-qualified juvenile
offender registrant relative to the sexually oriented offense, if
the offense is a sexually oriented offense and the
offender has
the duty to register as a result of an aggravated
sexually
oriented offense, or if the offense is a child-victim oriented
offense and the offender or delinquent child has been adjudicated
a child-victim predator relative to the child-victim oriented
offense, the
offender's
or
delinquent child's duty to
comply with
those
sections continues until
the offender's
or
delinquent
child's
death.
Regarding a delinquent
child who has been
adjudicated a sexual predator relative to the
sexually oriented
offense or who has been adjudicated a child-victim predator
relative to the child-victim oriented offense who is a tier III
sex offender/child-victim offender relative to the offense but is
not a public registry-qualified juvenile offender registrant
relative to the offense, if the judge who made the
disposition for
the delinquent child or that
judge's
successor in
office
subsequently enters a determination pursuant
to section 2152.84
or
2152.85
of the Revised Code
that the
delinquent
child no
longer
is a sexual predator or child-victim predator tier III sex
offender/child-victim offender,
the
delinquent
child's
duty to
comply with those sections
continues
for the
period
of
time that
otherwise would have been is applicable
to the
delinquent child
under
division (B)(2) or (3)
of this
section, based on the
reclassification of the child pursuant to section 2152.84 or
21562.85 of the Revised Code as a tier I sex offender/child-victim
offender or a tier II sex offender/child-victim offender. In no
case shall the lifetime duty to comply that is
imposed under this
division on an offender who is adjudicated a sexual predator or is
adjudicated a child-victim predator or is imposed under this
division for an aggravated
sexually oriented offense, or the
adjudication, classification, or conviction that subjects the
offender to this division, a tier III sex offender/child-victim
offender be removed or terminated. A delinquent child who is a
public registry-qualified juvenile offender registrant may have
the lifetime duty to register terminated only pursuant to section
2950.15 of the Revised Code.
(2) If the judge who sentenced the offender
or made the
disposition for the delinquent child for
committing
the sexually
oriented offense that is not a registration-exempt sexually
oriented offense or the child-victim oriented offense, or the
successor in office of the juvenile court
judge who made the
delinquent child disposition,
determined
pursuant
to division (E)
of section 2950.09 or 2950.091
or pursuant to
division (B) of
section
2152.83, section 2152.84, or section
2152.85 of the
Revised Code that the
person is an offender
or
delinquent child
who is a habitual sex
offender or a habitual child-victim
offender, or if the offender or delinquent child is automatically
classified a habitual child-victim offender pursuant to division
(E) of section 2950.091 of the Revised Code tier II sex
offender/child-victim offender relative to the sexually oriented
offense or child-victim oriented offense,
the
offender's
duty to
comply with those
sections
continues
either until the offender's
death or for twenty years, determined as provided in this
division, and the delinquent child's duty to comply with those
sections continues for twenty twenty-five years.
If Except as
otherwise provided in this division, if the person is a delinquent
child who is a tier II sex offender/child-victim offender relative
to the sexually oriented offense or child-victim oriented offense,
the delinquent child's duty to comply with those sections
continues for twenty years. Regarding
a delinquent child is so
determined or classified to be a
habitual sex offender or a
habitual child-victim offender and who is a tier II sex
offender/child-victim offender relative to the offense but is not
a public registry-qualified juvenile offender registrant relative
to the offense, if
the judge who made the disposition
for the
delinquent child or
that judge's successor in office
subsequently
enters a
determination pursuant to section 2152.84 or
2152.85 of
the
Revised Code that the delinquent child no longer is
a habitual
sex
offender or habitual child-victim offender tier II sex
offender/child-victim offender but remains a juvenile offender
registrant, the
delinquent child's duty to comply with those
sections continues
for the period of time that otherwise would
have been is applicable
to the delinquent child under division
(B)(3)
of this section, based on the reclassification of the child
pursuant to section 2152.84 or 2152.85 of the Revised Code as a
tier I sex offender/child-victim offender. Except as otherwise
provided in this division, the offender's duty to comply with
those sections continues until the offender's death. If a lifetime
duty to comply is imposed under this division on an offender, in
no case shall that lifetime duty, or the determination that
subjects the offender to this division, be removed or terminated.
The offender's duty to comply with those sections continues for
twenty years if the offender is a habitual sex offender and both
of the following apply:
(a) At least one of the sexually oriented offenses of which
the offender has been convicted or to which the offender has
pleaded guilty and that are included in the habitual sex offender
determination is a violation of division (A)(1) or (5) of section
2907.06 of the Revised Code involving a victim who is eighteen
years of age or older, a violation of division (A), (B), or (E) of
section 2907.08 of the Revised Code involving a victim who is
eighteen years of age or older, or a violation of section 2903.211
of the Revised Code that is a misdemeanor;
(b) The total of all the sexually oriented offenses of which
the offender has been convicted or to which the offender has
pleaded guilty and that are included in the habitual sex offender
determination does not include at least two sexually oriented
offenses that are not described in division (B)(2)(a) of this
section.
(3) If neither division (B)(1) nor (B)(2) of this section
applies Except as otherwise provided in this division, if the
person is an offender who is a tier I sex offender/child-victim
offender relative to the sexually oriented offense or child-victim
oriented offense, the
offender's
or delinquent child's duty to
comply with
those sections
continues for ten fifteen years.
If
Except as otherwise provided in this division, if the person is a
delinquent child who is a tier I sex offender/child-victim
offender relative to the sexually oriented offense or child-victim
oriented offense, the delinquent child's duty to comply with those
sections continues for ten years. Regarding a delinquent child who
is
classified pursuant to section 2152.82 or
2152.83 of the
Revised
Code a juvenile offender
registrant and a tier I sex
offender/child-victim offender but is not a public
registry-qualified juvenile offender registrant, if the judge who
made
the disposition for the
delinquent child
or that judge's
successor
in office subsequently
enters a
determination pursuant
to section
2152.84 or 2152.85 of
the
Revised Code that the
delinquent child
no longer is to be
classified a juvenile offender
registrant,
the delinquent
child's duty to comply with those
sections
terminates upon the
court's entry of the determination. A
person who is an offender who is a tier I
sex
offender/child-victim offender may have the fifteen-year duty
to
register terminated only pursuant to section 2950.15 of the
Revised Code.
(C)(1) If an offender has been convicted
of or pleaded
guilty
to
a sexually oriented offense
that is not a registration-exempt
sexually oriented offense and the
offender
subsequently is
convicted of or
pleads guilty
to
another
sexually
oriented
offense
or a child-victim oriented offense, if an offender has been
convicted of or pleaded guilty to a child-victim oriented offense
and the offender subsequently is convicted of or pleads guilty to
another child-victim oriented offense or a sexually oriented
offense, if a delinquent child has been adjudicated a delinquent
child for committing a sexually oriented offense that is not a
registration-exempt sexually oriented offense and is classified a
juvenile offender registrant or is an out-of-state juvenile
offender registrant and the
child
subsequently is
adjudicated a
delinquent child
for committing
another sexually
oriented offense
or a child-victim oriented offense and is classified
a juvenile
offender
registrant relative to that offense or
subsequently is
convicted
of or pleads guilty to another sexually
oriented
offense
or a child-victim oriented offense, or if a delinquent child has
been adjudicated a delinquent child for committing a child-victim
oriented offense and is classified a juvenile offender registrant
or is an out-of-state juvenile offender registrant and the child
subsequently is adjudicated a delinquent child for committing
another child-victim oriented offense or a sexually oriented
offense and is classified a juvenile offender registrant relative
to that offense or subsequently is convicted of or pleads guilty
to another child-victim oriented offense or a sexually oriented
offense, the
period of time for which the offender
or
delinquent
child
must
comply with the
sections specified in
division (A) of
this section
shall be
separately calculated
pursuant to divisions
(A)(1)
to (8) and (B)(1) to (3)
of
this
section for
each
of the
sexually
oriented offenses and child-victim oriented offenses, and
the offender or delinquent child shall comply with each
separately
calculated
periods period
of time shall be
complied with
independently.
If a delinquent child has been adjudicated a delinquent child
for committing either a
sexually oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense, is classified a
juvenile offender
registrant or
is an out-of-state juvenile
offender registrant relative to the
that offense, and,
after
attaining eighteen
years of age,
subsequently is convicted
of or
pleads guilty to
another sexually
oriented offense or child-victim oriented offense, the
subsequent
conviction or
guilty plea does not limit, affect, or
supersede the
duties
imposed upon the delinquent child under this
chapter
relative to
the delinquent child's classification as a
juvenile
offender
registrant or as an out-of-state juvenile
offender
registrant, and the delinquent child shall
comply with
both those
duties and the duties imposed under this
chapter
relative to the
subsequent conviction or guilty plea.
(2) If a delinquent child has been adjudicated a delinquent
child for committing on or after
January 1, 2002, either a
sexually
oriented offense that is not a registration-exempt
sexually oriented offense or a child-victim oriented offense and
is
classified
a juvenile
offender
registrant relative to the
offense, if the
order
containing the
classification also contains
a determination
by the
juvenile judge
that the child is
a sexual
predator or a
habitual sex
offender or that the child is a
child-victim predator or a habitual child-victim offender, and if
the juvenile
judge or
the judge's
successor in
office subsequently
determines reclassifies the offense tier in which the child is
classified
pursuant
to section
2152.84 or
2152.85 of the Revised
Code that
the
delinquent child
no longer is
a sexual predator or
habitual
sex
offender or no longer is a child-victim predator or
habitual child-victim offender, whichever is applicable, the
judge's subsequent
determination to reclassify the child does not
affect
the
date of
commencement of the
delinquent child's duty to
comply
with
sections 2950.04, 2950.041, 2950.05,
and 2950.06 of
the Revised Code as
determined under division (A)
of this section.
The child's duty to comply with those sections after the
reclassification is a continuation of the child's duty to comply
with the sections that was in effect prior to the
reclassification, and the duty shall continue for the period of
time specified in division (B)(1), (2), or (3) of this section,
whichever is applicable.
If, prior to January 1, 2008, an offender had a duty to comply with the sections specified in division (A) of this section as a result of a conviction of or plea of guilty to a sexually oriented offense or child-victim oriented offense as those terms were defined in section 2950.01 of the Revised Code prior to January 1, 2008, or a delinquent child had a duty to comply with those sections as a result of an adjudication as a delinquent child for committing one of those offenses as they were defined prior to January 1, 2008, the period of time specified in division (B)(1), (2), or (3) of this section on and after January 1, 2008, for which a person must comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code applies to the person, automatically replaces the period of time for which the person had to comply with those sections prior to January 1, 2008, and is a continuation of the person's duty to comply with the sections that was in effect prior to the reclassification. If, prior to January 1, 2008, an offender or a delinquent child had a duty to comply with the sections specified in division (A) of this section, the offender's or delinquent child's classification as a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender for purposes of that period of time shall be determined as specified in section 2950.031 or 2950.032 of the Revised Code, as applicable.
(D) The duty of an offender or delinquent child to register under this chapter is tolled for any period during which the offender or delinquent child is returned to confinement in a secure facility for any reason or imprisoned for an offense when the confinement in a secure facility or imprisonment occurs subsequent to the date determined pursuant to division (A) of this section. The offender's or delinquent child's duty to register under this chapter resumes upon the offender's or delinquent child's release from confinement in a secure facility or imprisonment.
(E) An offender
or delinquent child who has been or is
convicted
or, has
pleaded or pleads guilty,
or has been or is
adjudicated a
delinquent child, in a court in
another state, in a
federal court, military
court, or Indian
tribal court, or in a
court of any nation other than the United States for committing
either a sexually oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense may apply to the sheriff of the
county in which
the
offender
or delinquent child resides or temporarily
is
domiciled, or in which the offender attends a school or
institution of higher education or is employed,
for credit
against
the duty to register for the time that the
offender
or delinquent
child has complied with
the sex
offender or child-victim offender
registration requirements of another jurisdiction. The sheriff
shall
grant the offender
or delinquent child credit against the
duty to
register for time for which the
offender
or delinquent
child provides adequate proof that the offender
or delinquent
child
has complied with the sex
offender or child-victim offender
registration requirements
of another jurisdiction. If the offender
or delinquent child
disagrees with the determination of the
sheriff,
the offender
or
delinquent child may appeal the
determination to the court of
common pleas of the county in which
the offender
or delinquent
child resides or is temporarily
domiciled, or in which the offender attends a school or
institution of higher education or is employed.
Sec. 2950.08. (A) Subject to division (B) of this section,
the statements, information, photographs, and
fingerprints, and
material required by sections 2950.04, 2950.041, 2950.05,
and
2950.06 of the Revised Code and provided by a
person who
registers, who provides notice of a change of
residence, school,
institution of higher education, or place of employment address
and registers the new residence, school, institution of higher
education, or place of employment address, or who provides
verification of a current residence, school, institution of higher
education, or place of employment address pursuant to those
sections and
that are in the possession of the bureau of criminal
identification and
investigation and the information in the
possession of the bureau that was
received by the bureau pursuant
to section 2950.14 of the Revised Code
shall not be open to
inspection by the
public or by any person other than the following
persons:
(1) A regularly employed peace officer or other law enforcement officer;
(2) An authorized employee of the bureau of criminal identification and investigation for the purpose of providing information to a board, administrator, or person pursuant to division (F) or (G) of section 109.57 of the Revised Code;
(3) The registrar of motor vehicles, or an employee of the registrar of motor vehicles, for the purpose of verifying and updating any of the information so provided, upon the request of the bureau of criminal identification and investigation.
(B) Division (A) of this section does not apply to any information that is contained in the internet sex offender and child-victim offender database established by the attorney general under division (A)(11) of section 2950.13 of the Revised Code regarding offenders and that is disseminated as described in that division.
Sec. 2950.081. (A) Any statements, information, photographs,
or
fingerprints, or materials
that are required to be provided,
and that are provided, by an offender or delinquent child pursuant
to section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised
Code and that are in the possession of a
county sheriff are public
records
open to public inspection under
section 149.43 of the
Revised Code and shall be included in the internet sex offender
and child-victim offender database established and maintained
under section 2950.13 of the Revised Code to the extent provided
in that section.
(B) Except when the child is classified a public
registry-qualified juvenile offender registrant and the act that
is the basis of the
classification is a
violation of, or an
attempt to commit a violation of, section
2903.01, 2903.02, or
2905.01 of the Revised Code that was
committed with a purpose to
gratify the sexual needs or desires of
the child, a violation of
section 2907.02 of the Revised Code, or
an attempt to commit a
violation of that section, the sheriff
shall not cause to be
publicly disseminated by means of the
internet any statements,
information, photographs, or fingerprints, or materials
that are
provided by a juvenile offender registrant delinquent child who
sends a notice of intent to reside,
registers, provides notice of
a change of residence address
and registers the new residence
address, or provides
verification of a current residence address
pursuant to this
chapter and that are in the possession of a
county sheriff.
(C) If a sheriff establishes on the internet a sex offender and child-victim offender database for the public dissemination of some or all of the materials that are described in division (A) of this section, that are not prohibited from inclusion by division (B) of this section, and that pertain to offenders or delinquent children who register in the sheriff's county, in addition to all of the other information and materials included, the sheriff shall include in the database a chart describing which sexually oriented offenses and child-victim oriented offenses are included in the definitions of tier I sex offender/child-victim offender, tier II sex offender/child-victim offender, and tier III sex offender/child-victim offender and for each offender or delinquent child in relation to whom information and materials are provided a statement as to whether the offender or delinquent child is a tier I sex offender/child-victim offenders, a tier II sex offender/child-victim offenders, or a tier III sex offender/child-victim offenders.
Sec. 2950.10. (A)(1) If Regardless of when the sexually
oriented offense or child-victim oriented offense was committed,
if a person is
convicted of or, pleads
guilty to, or has been
convicted of, or has pleaded
guilty to, either a
sexually oriented
offense that is not a registration-exempt sexually oriented
offense or a child-victim oriented offense
or a person is or has
been adjudicated a delinquent
child for committing either a
sexually oriented offense that is not a registration-exempt
sexually oriented offense or a child-victim oriented offense
and
is classified
a juvenile offender registrant or is an out-of-state
juvenile
offender registrant based on that adjudication, if the
offender
or
delinquent child
is in any category specified in
division (B)(1)(a), (b), or (c) of this section, if the
offender
or
delinquent child
registers
with a
sheriff pursuant to section
2950.04, 2950.041, or 2950.05 of
the
Revised
Code, and if the
victim of the
sexually oriented
offense or child-victim oriented
offense
has made
a request in accordance with
rules adopted by the
attorney
general
that specifies that the
victim would like to be
provided the
notices
described in this
section, the sheriff shall
notify the
victim of the sexually
oriented offense or child-victim
oriented offense, in writing,
that the
offender
or delinquent
child has
registered and shall
include in
the notice the
offender's
name and photograph,
and
the address or
addresses of
the offender's residence, school, institution of higher education,
or place of employment, as applicable, or the delinquent child's
name, photograph, and residence address or addresses. The sheriff
shall provide the
notice
required by this
division to the victim
at the most recent
residence address
available for that victim,
and not later than
five days after
the offender
or delinquent
child registers
with
the sheriff.
(2) If Regardless of when the sexually oriented offense or
child-victim oriented offense was committed, if a person is
convicted of or, pleads guilty to,
or has
been convicted
of, or
has pleaded guilty to, either a sexually oriented
offense that is
not a registration-exempt sexually oriented offense or a
child-victim oriented offense
or a person is or has been
adjudicated a delinquent child for
committing either a
sexually
oriented offense that is not a registration-exempt sexually
oriented offense or a child-victim oriented offense and is
classified a
juvenile offender registrant or is an out-of-state
juvenile
offender registrant based on that adjudication, if
the
offender
or delinquent
child
is in any category
specified in
division (B)(1)(a), (b), or (c) of this section, if
the
offender
or
delinquent child registers with a
sheriff pursuant
to
section
2950.04, 2950.041, or 2950.05 of the Revised
Code, if the victim
of the
sexually
oriented offense or child-victim oriented offense
has made a
request in accordance
with
rules
adopted by the
attorney general
that
specifies that the
victim
would like to be
provided the
notices described in
this
section,
and if the
offender
notifies the
sheriff of a
change of residence, school,
institution of higher education, or place of employment address or
the delinquent child notifies the sheriff of a change of residence
address pursuant to
section
2950.05 of the
Revised Code, the
sheriff shall
notify the victim
of the sexually
oriented offense
or child-victim oriented offense,
in writing, that the
offender's
or delinquent
child's
address has changed and
shall
include in
the
notice the
offender's
name and photograph,
and the new
address or
addresses of the offender's residence, school,
institution of higher education, or place of employment, as
applicable, or the delinquent child's name, photograph, and new
residence address or addresses.
The
sheriff shall provide
the
notice
required by this division to
the victim at
the most
recent
residence address available for that
victim, and no later
than
five days after the offender
or
delinquent child notifies
the
sheriff of the change
in the
offender's
or delinquent child's
residence, school, institution of higher education, or place of
employment address.
(3) If Regardless of when the sexually oriented offense or
child-victim oriented offense was committed, if
a person is
convicted of or, pleads guilty
to, or
has
been
convicted of, or
has pleaded guilty to, either a sexually
oriented
offense that is
not a registration-exempt sexually oriented offense or a
child-victim oriented offense
or a person is or has been
adjudicated a delinquent child for
committing either a
sexually
oriented offense that is not a registration-exempt sexually
oriented offense or a child-victim oriented offense and is
classified a
juvenile offender registrant or is an out-of-state
juvenile
offender registrant based on that adjudication, and if
the
offender
or
delinquent child is in any category specified in
division (B)(1)(a), (b), or (c) of this section,
the
victim of
the
offense may make a request in accordance with
rules
adopted by
the
attorney general pursuant
to section 2950.13
of the
Revised
Code
that specifies that the
victim would like to
be
provided the
notices described in
divisions (A)(1) and (2) of
this
section. If
the victim makes a request in
accordance with
those
rules, the
sheriff described in divisions
(A)(1) and (2) of
this
section
shall provide the victim with the notices
described
in
those
divisions.
(4) If a victim makes a request as described in division (A)(3) of this section that specifies that the victim would like to be provided the notices described in divisions (A)(1) and (2) of this section, all information a sheriff obtains regarding the victim from or as a result of the request is confidential, and the information is not a public record open for inspection under section 149.43 of the Revised Code.
(5) The notices described in divisions (A)(1) and (2) of this section are in addition to any notices regarding the offender or delinquent child that the victim is entitled to receive under Chapter 2930. of the Revised Code.
(B)(1) The duties to provide the notices described in
divisions (A)(1) and (2) of this section apply regarding any
offender or delinquent child who is in any of the following
categories, if the other criteria set forth in division (A)(1) or
(2) of this section, whichever is applicable, are satisfied:
(a) The offender or delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code or has been adjudicated
a child-victim predator relative to the child-victim oriented
offense for which the offender or child has the duty to register
under section 2950.041 of the Revised Code, and the court has not
subsequently determined pursuant to section 2152.84 or 2152.85 of
the Revised Code
regarding a delinquent child that the delinquent
child no longer is a sexual
predator or no longer is a
child-victim predator, whichever is applicable.
(b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,
division
(B) of section 2152.83, section 2152.84, or section
2152.85 of the
Revised Code to be a habitual sex offender or a
habitual child-victim offender, the court has imposed
a
requirement under that division or section subjecting the
habitual
sex offender or habitual child-victim offender to this section,
and the determination has
not been removed pursuant to section
2152.84 or 2152.85 of the
Revised Code regarding a delinquent
child.
(c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender and,
if the offender has been so determined to be a habitual sex
offender, regardless
of whether the habitual sex
offender
determination has not been removed as described in
division
(A)(1)(b) of this section is a tier III sex offender/child-victim
offender relative to the offense described in division (A) of this
section for which a victim requested to be provided notice under
that division, or the delinquent child is a public
registry-qualified juvenile offender registrant, and a juvenile
court has not removed pursuant to section 2950.15 of the Revised
Code the delinquent child's duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code.
(b) The delinquent child is a tier III sex offender/child-victim offender who is not a public-registry qualified juvenile offender registrant, the delinquent child was subjected to this section prior to the effective date of this amendment as a sexual predator, habitual sex offender, child-victim predator, or habitual child-victim offender, as those terms were defined in section 2950.01 of the Revised Code as it existed prior to the effective date of this amendment, and a juvenile court has not removed pursuant to section 2152.84 or 2152.85 of the Revised Code the delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(c) The delinquent child is a tier III sex offender/child-victim offender who is not a public registry-qualified juvenile offender registrant, the delinquent child was classified a juvenile offender registrant on or after the effective date of this amendment, the court has imposed a requirement under section 2152.82, 2152.83, or 2152.84 of the Revised Code subjecting the delinquent child to this section, and a juvenile court has not removed pursuant to section 2152.84 or 2152.85 of the Revised Code the delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(2) A victim of a sexually oriented offense that is not a
registration-exempt sexually oriented offense or of a child-victim
oriented offense is not entitled
to
be provided any notice
described in division (A)(1) or (2) of
this section
unless the
offender
or delinquent child is
in a
category
specified in
division (B)(1)(a), (b), or (c) of this
section.
A
victim of a
sexually oriented offense that is not a registration-exempt
sexually oriented offense or of a child-victim oriented offense is
not
entitled
to any
notice described
in division (A)(1) or (2) of
this
section
unless
the victim makes
a request in accordance with
rules
adopted
by the
attorney general
pursuant to section 2950.13
of the
Revised
Code
that specifies
that the victim would like to
be
provided the
notices
described in
divisions (A)(1) and (2) of
this
section.
This division does not
affect any rights of a victim
of a
sexually
oriented offense or child-victim oriented offense to
be
provided
notice regarding an
offender
or
delinquent child that
are
described in
Chapter
2930. of the
Revised Code.
Sec. 2950.11. (A) As used in this section, "specified
geographical notification area" means the geographic area or areas
within
which the attorney general, by rule adopted under section
2950.13 of the Revised Code, requires the notice described in
division (B) of
this section to be given to the persons identified
in divisions
(A)(2) to (8) of this section. If Regardless of when
the sexually oriented offense or child-victim oriented offense was
committed, if a person is
convicted of or, pleads guilty to, or
has been convicted of, or has
pleaded
guilty
to, either a sexually
oriented offense
that is not a registration-exempt sexually
oriented offense or a child-victim oriented offense, or a person
is or has been
adjudicated a delinquent child for committing
either a sexually oriented
offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense and is classified a juvenile
offender registrant
or is
an out-of-state juvenile offender registrant based on that
adjudication, and if the offender
or
delinquent child
is in any
category specified in division (F)(1)(a), (b), or (c) of this
section, the
sheriff
with whom the
offender
or delinquent
child
has
most recently
registered under
section
2950.04, 2950.041, or
2950.05 of
the
Revised Code
and the sheriff to whom the offender
or
delinquent child most
recently sent a notice of intent to
reside
under section 2950.04
or 2950.041 of the Revised Code,
within the period
of
time
specified
in
division (C)
of this
section, shall provide a
written
notice
containing the
information
set forth in division
(B) of
this
section
to all of
the
persons
described in divisions (A)(1) to (9)(10) of this section. If the
sheriff has sent a notice to the persons described in those
divisions as a result of receiving a notice of intent to reside
and if the offender or delinquent child registers a residence
address that is the same residence address described in the notice
of intent to reside, the sheriff is not required to send an
additional notice when the offender or delinquent child registers.
The sheriff shall provide the notice to all of the following
persons:
(1)(a) Any occupant of each residential unit that is located within one thousand feet of the offender's or delinquent child's residential premises, that is located within the county served by the sheriff, and that is not located in a multi-unit building. Division (D)(3) of this section applies regarding notices required under this division.
(b) If the offender or delinquent child resides in a multi-unit building, any occupant of each residential unit that is located in that multi-unit building and that shares a common hallway with the offender or delinquent child. For purposes of this division, an occupant's unit shares a common hallway with the offender or delinquent child if the entrance door into the occupant's unit is located on the same floor and opens into the same hallway as the entrance door to the unit the offender or delinquent child occupies. Division (D)(3) of this section applies regarding notices required under this division.
(c) The building manager, or the person the building owner or condominium unit owners association authorizes to exercise management and control, of each multi-unit building that is located within one thousand feet of the offender's or delinquent child's residential premises, including a multi-unit building in which the offender or delinquent child resides, and that is located within the county served by the sheriff. In addition to notifying the building manager or the person authorized to exercise management and control in the multi-unit building under this division, the sheriff shall post a copy of the notice prominently in each common entryway in the building and any other location in the building the sheriff determines appropriate. The manager or person exercising management and control of the building shall permit the sheriff to post copies of the notice under this division as the sheriff determines appropriate. In lieu of posting copies of the notice as described in this division, a sheriff may provide notice to all occupants of the multi-unit building by mail or personal contact; if the sheriff so notifies all the occupants, the sheriff is not required to post copies of the notice in the common entryways to the building. Division (D)(3) of this section applies regarding notices required under this division.
(d) All additional persons who are within any category of neighbors of the offender or delinquent child that the attorney general by rule adopted under section 2950.13 of the Revised Code requires to be provided the notice and who reside within the county served by the sheriff;
(2) The executive director of the public children services agency that has jurisdiction within the specified geographical notification area and that is located within the county served by the sheriff;
(3)(a) The superintendent of each board of education of a school district that has schools within the specified geographical notification area and that is located within the county served by the sheriff;
(b) The principal of the school within the specified geographical notification area and within the county served by the sheriff that the delinquent child attends;
(c) If the delinquent child attends a school outside of the specified geographical notification area or outside of the school district where the delinquent child resides, the superintendent of the board of education of a school district that governs the school that the delinquent child attends and the principal of the school that the delinquent child attends.
(4)(a) The appointing or hiring officer of each chartered nonpublic school located within the specified geographical notification area and within the county served by the sheriff or of each other school located within the specified geographical notification area and within the county served by the sheriff and that is not operated by a board of education described in division (A)(3) of this section;
(b) Regardless of the location of the school, the appointing or hiring officer of a chartered nonpublic school that the delinquent child attends.
(5) The director, head teacher, elementary principal, or site administrator of each preschool program governed by Chapter 3301. of the Revised Code that is located within the specified geographical notification area and within the county served by the sheriff;
(6) The administrator of each child day-care center or type A family day-care home that is located within the specified geographical notification area and within the county served by the sheriff, and the provider of each certified type B family day-care home that is located within the specified geographical notification area and within the county served by the sheriff. As used in this division, "child day-care center," "type A family day-care home," and "certified type B family day-care home" have the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of each institution of higher education, as defined in section 2907.03 of the Revised Code, that is located within the specified geographical notification area and within the county served by the sheriff, and the chief law enforcement officer of the state university law enforcement agency or campus police department established under section 3345.04 or 1713.50 of the Revised Code, if any, that serves that institution;
(8) The sheriff of each county that includes any portion of the specified geographical notification area;
(9) If the offender or delinquent child resides within the county served by the sheriff, the chief of police, marshal, or other chief law enforcement officer of the municipal corporation in which the offender or delinquent child resides or, if the offender or delinquent child resides in an unincorporated area, the constable or chief of the police department or police district police force of the township in which the offender or delinquent child resides;
(10) Volunteer organizations in which contact with minors or other vulnerable individuals might occur or any organization, company, or individual who requests notification as provided in division (J) of this section.
(B) The notice required under division (A) of this section shall include all of the following information regarding the subject offender or delinquent child:
(1) The offender's or delinquent child's name;
(2) The address or addresses of the offender's or public
registry-qualified juvenile offender registrant's residence,
school, institution of higher education, or place of employment,
as applicable, or the delinquent child's residence address or
addresses of a delinquent
child who is not a public
registry-qualified juvenile offender
registrant;
(3) The sexually oriented offense or child-victim oriented offense of which the offender was convicted, to which the offender pleaded guilty, or for which the child was adjudicated a delinquent child;
(4) All of the following statements that are applicable:
(a) A statement that identifies the category specified in
division (F)(1)(a), (b), or (c) of this section that includes the
offender
has
been
adjudicated a sexual
predator, a statement that
the offender has been convicted of or pleaded guilty to an
aggravated sexually oriented offense, a statement that the
delinquent child has been adjudicated a sexual predator and that,
as of the
date of the notice, the court has not entered a
determination that
the delinquent child no longer
is a sexual
predator,
or a
statement that the sentencing or reviewing judge
has
determined that
the offender
or delinquent child is a
habitual
sex
offender
and that, as of the date of the notice, the
determination
regarding a delinquent child has not been removed
pursuant to section 2152.84 or 2152.85 of the
Revised Code or
delinquent child and that subjects the offender or delinquent
child to this section;
(b) A statement that the offender has been adjudicated a
child-victim predator, a statement that the delinquent child has
been adjudicated a child-victim predator and that, as of the date
of the notice, the court has not entered a determination that the
delinquent child no longer is a child-victim predator, or a
statement that the sentencing or reviewing judge has determined
that the offender or delinquent child is a habitual child-victim
offender and that, as of the date of the notice, the determination
regarding a delinquent child has not been removed pursuant to
section 2152.84 or 2152.85 of the Revised Code;
(5) The offender's or delinquent child's photograph.
(C) If a sheriff with whom an offender or delinquent child registers under section 2950.04, 2950.041, or 2950.05 of the Revised Code or to whom the offender or delinquent child most recently sent a notice of intent to reside under section 2950.04 or 2950.041 of the Revised Code is required by division (A) of this section to provide notices regarding an offender or delinquent child and if, pursuant to that requirement, the sheriff provides a notice to a sheriff of one or more other counties in accordance with division (A)(8) of this section, the sheriff of each of the other counties who is provided notice under division (A)(8) of this section shall provide the notices described in divisions (A)(1) to (7) and (A)(9) and (10) of this section to each person or entity identified within those divisions that is located within the specified geographical notification area and within the county served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this section to provide notices regarding an offender or delinquent child shall provide the notice to the neighbors that are described in division (A)(1) of this section and the notices to law enforcement personnel that are described in divisions (A)(8) and (9) of this section as soon as practicable, but no later than five days after the offender sends the notice of intent to reside to the sheriff and again no later than five days after the offender or delinquent child registers with the sheriff or, if the sheriff is required by division (C) of this section to provide the notices, no later than five days after the sheriff is provided the notice described in division (A)(8) of this section.
A sheriff required by division (A) or (C) of this section to provide notices regarding an offender or delinquent child shall provide the notices to all other specified persons that are described in divisions (A)(2) to (7) and (A)(10) of this section as soon as practicable, but not later than seven days after the offender or delinquent child registers with the sheriff or, if the sheriff is required by division (C) of this section to provide the notices, no later than five days after the sheriff is provided the notice described in division (A)(8) of this section.
(2) If an offender
or delinquent child in relation to
whom
division (A) of this
section applies verifies the offender's
or
delinquent child's current
residence, school, institution of
higher education, or place of employment
address, as applicable,
with a sheriff
pursuant to section 2950.06 of the
Revised Code,
the sheriff may
provide a
written notice containing the
information set forth in
division
(B) of this section to the
persons identified in
divisions
(A)(1) to (9)(10) of this section.
If a sheriff provides a
notice pursuant to this division to the
sheriff of one or more
other counties in accordance with
division
(A)(8) of this
section,
the sheriff of each of the other counties
who is
provided the
notice under division
(A)(8) of this section
may
provide, but is
not required to provide, a written notice
containing the
information set forth in division
(B) of this
section to the
persons identified in divisions
(A)(1) to (7) and
(A)(9) and (10) of this
section.
(3) A sheriff may provide notice under division (A)(1)(a) or (b) of this section, and may provide notice under division (A)(1)(c) of this section to a building manager or person authorized to exercise management and control of a building, by mail, by personal contact, or by leaving the notice at or under the entry door to a residential unit. For purposes of divisions (A)(1)(a) and (b) of this section, and the portion of division (A)(1)(c) of this section relating to the provision of notice to occupants of a multi-unit building by mail or personal contact, the provision of one written notice per unit is deemed as providing notice to all occupants of that unit.
(E) All information that a sheriff possesses regarding a
sexual predator, a
habitual sex offender, a child-victim predator,
or a habitual child-victim offender an offender or delinquent
child who is in a category specified in division (F)(1)(a), (b),
or (c) of this section that is described in
division
(B) of this
section and that must be provided
in a notice
required under
division (A) or (C)
of this section or that may be
provided in a
notice authorized under
division (D)(2) of this
section is a
public record that is open
to inspection under
section 149.43 of
the Revised Code.
The sheriff shall not cause to be publicly disseminated
by
means of the internet any of the information described in this
division that is provided by a sexual predator, habitual sex
offender, child-victim predator, or habitual child-victim offender
who is a juvenile offender registrant, except when the act that is
the basis of
the child's classification as a juvenile offender
registrant is
a violation of, or an attempt to commit a violation
of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that
was
committed with a purpose to gratify the sexual needs or
desires of
the child, a violation of section 2907.02 of the
Revised Code, or
an attempt to commit a violation of that section
delinquent child unless that child is in a category specified in
division (F)(1)(a), (b), or (c) of this section.
(F)(1) The Except as provided in division (F)(2) of this
section, the duties to provide the notices described in
divisions
(A) and (C) of this section apply regarding any offender
or
delinquent child who is in any of the following categories, if
the
other criteria set forth in division (A) or (C) of this
section,
whichever is applicable, are satisfied:
(a) The offender or delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code or has been adjudicated
a child-victim predator relative to the child-victim oriented
offense for which the offender or child has the duty to register
under section 2950.041 of the Revised Code, and the court has not
subsequently determined pursuant to section 2152.84 or 2152.85 of
the Revised Code
regarding a delinquent child that the delinquent
child no longer is a sexual
predator or no longer is a
child-victim predator, whichever is applicable.
(b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091,
division
(B) of section 2152.83, section 2152.84, or section
2152.85 of the
Revised Code to be a habitual sex offender or a
habitual child-victim offender, the court has imposed
a
requirement under that division or section subjecting the
habitual
sex offender or habitual child-victim offender to this section,
and the determination has
not been removed pursuant to section
2152.84 or 2152.85 of the
Revised Code regarding a delinquent
child.
(c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender is a
tier III sex offender/child-victim offender, or the delinquent
child is a public registry-qualified juvenile offender registrant,
and a juvenile court has not removed pursuant to section 2950.15
of the Revised Code the delinquent child's duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code.
(b) The delinquent child is a tier III sex offender/child-victim offender who is not a public-registry qualified juvenile offender registrant, the delinquent child was subjected to this section prior to the effective date of this amendment as a sexual predator, habitual sex offender, child-victim predator, or habitual child-victim offender, as those terms were defined in section 2950.01 of the Revised Code as it existed prior to the effective date of this amendment, and a juvenile court has not removed pursuant to section 2152.84 or 2152.85 of the Revised Code the delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(c) The delinquent child is a tier III sex offender/child-victim offender who is not a public registry-qualified juvenile offender registrant, the delinquent child was classified a juvenile offender registrant on or after the effective date of this amendment, the court has imposed a requirement under section 2152.82, 2152.83, or 2152.84 of the Revised Code subjecting the delinquent child to this section, and a juvenile court has not removed pursuant to section 2152.84 or 2152.85 of the Revised Code the delinquent child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(2) The notification provisions of this section do not apply
regarding a
person who is convicted of or pleads guilty to,
has
been convicted of or
pleaded guilty to,
or is adjudicated a
delinquent child for committing, a sexually oriented
offense or a
child-victim oriented offense, who
is not
in the
category
specified in either
division (F)(1)(a) or
(c) of this
section,
and who
is determined
pursuant to
division
(C)(2) or
(E)
of
section 2950.09 or 2950.091, division
(B) of section
2152.83,
section 2152.84, or section 2152.85 of the
Revised Code
to be a
habitual sex
offender
or habitual child-victim offender unless the
sentencing
or reviewing
court
imposes a requirement
in
the
offender's
sentence and in the
judgment of conviction that
contains the
sentence
or in the
delinquent child's adjudication,
or
imposes a
requirement as
described in
division (C)(2) of
section 2950.09 or 2950.091 of
the Revised
Code, that subjects
the
offender
or
the delinquent
child to the
provisions of
this
section.
(2) The notification provisions of this section do not apply to a person described in division (F)(1)(a), (b), or (c) of this section if a court finds at a hearing after considering the factors described in this division that the person would not be subject to the notification provisions of this section that were in the version of this section that existed immediately prior to the effective date of this amendment. In making the determination of whether a person would have been subject to the notification provisions under prior law as described in this division, the court shall consider the following factors:
(a) The offender's or delinquent child's age;
(b) The offender's or delinquent child's prior criminal or delinquency record regarding all offenses, including, but not limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made;
(d) Whether the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made involved multiple victims;
(e) Whether the offender or delinquent child used drugs or alcohol to impair the victim of the sexually oriented offense or to prevent the victim from resisting;
(f) If the offender or delinquent child previously has been convicted of or pleaded guilty to, or been adjudicated a delinquent child for committing an act that if committed by an adult would be, a criminal offense, whether the offender or delinquent child completed any sentence or dispositional order imposed for the prior offense or act and, if the prior offense or act was a sex offense or a sexually oriented offense, whether the offender or delinquent child participated in available programs for sexual offenders;
(g) Any mental illness or mental disability of the offender or delinquent child;
(h) The nature of the offender's or delinquent child's sexual conduct, sexual contact, or interaction in a sexual context with the victim of the sexually oriented offense and whether the sexual conduct, sexual contact, or interaction in a sexual context was part of a demonstrated pattern of abuse;
(i) Whether the offender or delinquent child, during the commission of the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made, displayed cruelty or made one or more threats of cruelty;
(j) Whether the offender or delinquent child would have been a habitual sex offender or a habitual child victim offender under the definitions of those terms set forth in section 2950.01 of the Revised Code as that section existed prior to the effective date of this amendment;
(k) Any additional behavioral characteristics that contribute to the offender's or delinquent child's conduct.
(G)(1) The department of job and family services shall
compile,
maintain,
and
update in
January and July of each year, a
list of
all agencies, centers, or homes of a type described in
division
(A)(2) or (6) of this section
that contains the name of
each
agency, center, or home of that type, the
county in which it
is
located, its address and telephone number,
and the name of an
administrative officer or employee of the
agency, center, or home.
The
(2) The department of education shall
compile, maintain, and
update in
January and July of each year, a list of
all boards of
education,
schools, or programs of a type
described in division
(A)(3),
(4),
or (5) of this section that contains the name of each
board of
education, school, or program of that type, the county in
which it
is located, its address and telephone number, the name of
the
superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board
of
education, the county or counties in which each of its
schools is
located and the address of each such school. The
(3) The
Ohio board of
regents shall compile, maintain, and
update in
January and July of
each year, a list of
all
institutions of a type described in
division
(A)(7) of this
section that
contains the name of each
such institution, the
county in which
it is located, its address
and telephone number,
and the name of
its president or other chief
administrative
officer. A
(4) A sheriff required by division (A) or (C) of this section, or authorized by division (D)(2) of this section, to provide notices regarding an offender or delinquent child, or a designee of a sheriff of that type, may request the department of job and family services, department of education, or Ohio board of regents, by telephone, in person, or by mail, to provide the sheriff or designee with the names, addresses, and telephone numbers of the appropriate persons and entities to whom the notices described in divisions (A)(2) to (7) of this section are to be provided. Upon receipt of a request, the department or board shall provide the requesting sheriff or designee with the names, addresses, and telephone numbers of the appropriate persons and entities to whom those notices are to be provided.
(H)(1) Upon the motion of the offender or the prosecuting
attorney of the county in which the offender was convicted of or
pleaded guilty to the sexually oriented offense or child-victim
oriented offense for which the offender is subject to community
notification under this section, or upon the motion of the
sentencing judge or that judge's successor in office, the judge
may schedule a hearing to determine whether the interests of
justice would be served by suspending the community notification
requirement under this section in relation to the offender. The
judge may dismiss the motion without a hearing but may not issue
an order suspending the community notification requirement without
a hearing. At the hearing, all parties are entitled to be heard,
and the judge shall consider all of the factors set forth in
division (B)(3)(K) of this section 2950.09 of the Revised Code.
If, at the conclusion of the hearing, the judge finds that the
offender has proven by clear and convincing evidence that the
offender is unlikely to commit in the future a sexually oriented
offense or a child-victim oriented offense and if the judge finds
that suspending the community notification requirement is in the
interests of justice, the judge may suspend the application of
this section in relation to the offender. The order shall contain
both of these findings.
The judge promptly shall serve a copy of the order upon the sheriff with whom the offender most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon the bureau of criminal identification and investigation.
An order suspending the community notification requirement does not suspend or otherwise alter an offender's duties to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and does not suspend the victim notification requirement under section 2950.10 of the Revised Code.
(2) A prosecuting attorney, a sentencing judge or that
judge's successor in office, and an offender who is subject to the
community notification requirement under this section may
initially make a motion under division (H)(1) of this section upon
the expiration of twenty years after the offender's duty to comply
with sections division (A)(2), (3), or (4) of section 2950.04,
division (A)(2), (3), or (4) of section 2950.041, and sections
2950.05, and 2950.06 of the Revised Code begins in relation to the
offense for which the offender is subject to community
notification. After the initial making of a motion under division
(H)(1) of this section, thereafter, the prosecutor, judge, and
offender may make a subsequent motion under that division upon the
expiration of five years after the judge has entered an order
denying the initial motion or the most recent motion made under
that division.
(3) The offender and the prosecuting attorney have the right to appeal an order approving or denying a motion made under division (H)(1) of this section.
(4) Divisions (H)(1) to (3) of this section do not apply to any of the following types of offender:
(a) A person who is convicted of or pleads guilty to a violent sex offense or designated homicide, assault, or kidnapping offense and who, in relation to that offense, is adjudicated a sexually violent predator;
(b) A person who is convicted of or pleads guilty to a
sexually oriented offense that is a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code committed on or
after the effective date of this amendment January 2, 2007, and
either who is sentencd sentenced under section 2971.03 of the
Revised Code or upon whom a sentence of life without parole is
imposed under division (B) of section 2907.02 of the Revised Code;
(c) A person who is convicted of or pleads guilty to a
sexually oriented offense that is attempted rape committed on or
after the effective date of this amendment January 2, 2007, and
who also is convicted of or pleads guilty to a specification of
the type described in section 2941.1418, 2941.1419, or 2941.1420
of the Revised Code;
(d) A habitual sex offender or habitual child-victim oriented
offender who is subject to community notification who, subsequent
to being subjected to community notification, has pleaded guilty
to or been convicted of a sexually oriented offense or a
child-victim oriented offense person who is convicted of or pleads
guilty to an offense described in division (B)(3)(a), (b), (c), or
(d) of section 2971.03 of the Revised Code and who is sentenced
for that offense pursuant to that division;
(e) A sexual predator or child-victim predator who is not
adjudicated a sexually violent predator An offender who is in a
category specified in division (F)(1)(a), (b), or (c) of this
section and who, subsequent to being subjected to community
notification, has pleaded guilty to or been convicted of a
sexually oriented offense or child-victim oriented offense.
(I) If a person is convicted of or, pleads guilty to, or has
been convicted of, or has pleaded guilty to, either a sexually
oriented offense that is not a registration-exempt sexually
oriented offense or a child-victim oriented offense, or a person
is or has been adjudicated a delinquent child for committing
either a sexually oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense and is classified a juvenile offender registrant
or is an out-of-state juvenile offender registrant based on that
adjudication, and if the offender or delinquent child is not in
any category specified in division (F)(1)(a), (b), or (c) of this
section, the sheriff with whom the offender or delinquent child
has most recently registered under section 2950.04, 2950.041, or
2950.05 of the Revised Code and the sheriff to whom the offender
or delinquent child most recently sent a notice of intent to
reside under section 2950.04 or 2950.041 of the Revised Code,
within the period of time specified in division (D) of this
section, shall provide a written notice containing the information
set forth in division (B) of this section to the executive
director of the public children services agency that has
jurisdiction within the specified geographical notification area
and that is located within the county served by the sheriff.
(J) Each sheriff shall allow a volunteer organization or other organization, company, or individual who wishes to receive the notice described in division (A)(10) of this section regarding a specific offender or delinquent child or notice regarding all offenders and delinquent children who are located in the specified geographical notification area to notify the sheriff by electronic mail or through the sheriff's web site of this election. The sheriff shall promptly inform the bureau of criminal identification and investigation of these requests in accordance with the forwarding procedures adopted by the attorney general pursuant to section 2950.13 of the Revised Code.
(K) In making a determination under division (H)(1) of this section as to whether to suspend the community notification requirement under this section for an offender, the judge shall consider all relevant factors, including, but not limited to, all of the following:
(1) The offender's age;
(2) The offender's prior criminal or delinquency record regarding all offenses, including, but not limited to, all sexually oriented offenses or child-victim oriented offenses;
(3) The age of the victim of the sexually oriented offense or child-victim oriented offense the offender committed;
(4) Whether the sexually oriented offense or child-victim oriented offense the offender committed involved multiple victims;
(5) Whether the offender used drugs or alcohol to impair the victim of the sexually oriented offense or child-victim oriented the offender committed or to prevent the victim from resisting;
(6) If the offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing an act that if committed by an adult would be a criminal offense, whether the offender completed any sentence or dispositional order imposed for the prior offense or act and, if the prior offense or act was a sexually oriented offense or a child-victim oriented offense, whether the offender or delinquent child participated in available programs for sex offenders or child-victim offenders;
(7) Any mental illness or mental disability of the offender;
(8) The nature of the offender's sexual conduct, sexual contact, or interaction in a sexual context with the victim of the sexually oriented offense the offender committed or the nature of the offender's interaction in a sexual context with the victim of the child-victim oriented offense the offender committed, whichever is applicable, and whether the sexual conduct, sexual contact, or interaction in a sexual context was part of a demonstrated pattern of abuse;
(9) Whether the offender, during the commission of the sexually oriented offense or child-victim oriented offense the offender committed, displayed cruelty or made one or more threats of cruelty;
(10) Any additional behavioral characteristics that contribute to the offender's conduct.
(L) As used in this section, "specified geographical notification area" means the geographic area or areas within which the attorney general, by rule adopted under section 2950.13 of the Revised Code, requires the notice described in division (B) of this section to be given to the persons identified in divisions (A)(2) to (8) of this section.
Sec. 2950.12. (A) Except as provided in division (B) of this section, any of the following persons shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property allegedly caused by an act or omission in connection with a power, duty, responsibility, or authorization under this chapter or under rules adopted under authority of this chapter:
(1) An officer or employee of the bureau of criminal identification and investigation;
(2) The attorney general, a chief of police, marshal, or other chief law enforcement officer of a municipal corporation, a sheriff, a constable or chief of police of a township police department or police district police force, and a deputy, officer, or employee of the office of the attorney general, the law enforcement agency served by the marshal or the municipal or township chief, the office of the sheriff, or the constable;
(3) A prosecutor and an officer or employee of the office of a prosecutor;
(4) A supervising officer and an officer or employee of the adult parole authority of the department of rehabilitation and correction;
(5) A supervising officer and an officer or employee of the department of youth services;
(6) A supervisor and a caseworker or employee of a public children services agency acting pursuant to section 5153.16 of the Revised Code;
(7) A managing officer of a state correctional institution and an officer or employee of the department of rehabilitation and correction;
(8) A person identified in division (A)(2), (3), (4), (5), (6), or (7) of section 2950.11 of the Revised Code, an organization or person identified in division (A)(10) of that section, or the agent of that person or organization;
(9) A person identified in division (A)(2) of section 2950.111 of the Revised Code, regarding the person's provision of information pursuant to that division to a sheriff or a designee of a sheriff.
(B) The immunity described in division (A) of this section does not apply to a person described in divisions (A)(1) to (8) of this section if, in relation to the act or omission in question, any of the following applies:
(1) The act or omission was manifestly outside the scope of the person's employment or official responsibilities.
(2) The act or omission was with malicious purpose, in bad faith, or in a wanton or reckless manner.
(3) Liability for the act or omission is expressly imposed by a section of the Revised Code.
Sec. 2950.13. (A) The attorney general shall do all of the following:
(1) No later than July 1, 1997, establish and maintain a
state registry of sex offenders and child-victim offenders that is
housed at the bureau of
criminal
identification and investigation
and that contains all of
the registration,
change of residence,
school, institution of higher education, or place of employment
address, and verification
information the bureau receives
pursuant
to sections 2950.04, 2950.041,
2950.05, and 2950.06 of the
Revised
Code
regarding a each person who is
convicted of or, pleads guilty
to, or has been
convicted of, or has
pleaded guilty to, either a
sexually oriented
offense
that is not a registration-exempt
sexually oriented offense or a child-victim oriented offense or a
and each person who is or has been
adjudicated a delinquent child
for committing either a sexually oriented
offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense and is classified a juvenile
offender registrant
or is
an out-of-state juvenile offender registrant based on that
adjudication, and all of the information
the bureau receives
pursuant to section
2950.14 of the Revised
Code, and any notice of
an order terminating or modifying an offender's or delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06
of the Revised Code the bureau receives pursuant to
section
2152.84, 2152.85, or 2950.15 of the Revised Code. For a
person who
was convicted of or pleaded guilty to the sexually
oriented
offense or child-victim related offense, the registry
also shall
indicate whether the person was convicted of or
pleaded guilty to
the offense in a criminal prosecution or in a
serious youthful
offender case. The registry shall not be open to
inspection by the
public or by any person other than a person
identified in division
(A) of section 2950.08 of the Revised
Code. In addition to the
information and material previously
identified in this division,
the registry shall include all of
the following regarding each
person who is listed in the
registry:
(a) A citation for, and the name of, all sexually oriented offenses or child-victim oriented offenses of which the person was convicted, to which the person pleaded guilty, or for which the person was adjudicated a delinquent child and that resulted in a registration duty, and the date on which those offenses were committed;
(b) The text of the sexually oriented offenses or child-victim oriented offenses identified in division (A)(1)(a) of this section as those offenses existed at the time the person was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing those offenses, or a link to a database that sets forth the text of those offenses;
(c) A statement as to whether the person is a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim offender for the sexually oriented offenses or child-victim oriented offenses identified in division (A)(1)(a) of this section;
(d) The community supervision status of the person, including, but not limited to, whether the person is serving a community control sanction and the nature of any such sanction, whether the person is under supervised release and the nature of the release, or regarding a juvenile, whether the juvenile is under any type of release authorized under Chapter 2152. or 5139. of the Revised Code and the nature of any such release;
(e) The offense and delinquency history of the person, as determined from information gathered or provided under sections 109.57 and 2950.14 of the Revised Code;
(f) The bureau of criminal identification and investigation tracking number assigned to the person if one has been so assigned, the federal bureau of investigation number assigned to the person if one has been assigned and the bureau of criminal identification and investigation is aware of the number, and any other state identification number assigned to the person of which the bureau is aware;
(g) Fingerprints and palmprints of the person;
(h) A DNA specimen, as defined in section 109.573 of the Revised Code, from the person;
(i) Whether the person has any outstanding arrest warrants;
(j) Whether the person is in compliance with the person's duties under this chapter.
(2) In consultation with local law enforcement representatives and no later than July 1, 1997, adopt rules that contain guidelines necessary for the implementation of this chapter;
(3) In consultation with local law enforcement
representatives, adopt rules for
the
implementation and
administration of the provisions contained
in section
2950.11 of
the Revised Code that pertain to the
notification of
neighbors of
an offender or a delinquent
child
who has committed a sexually
oriented offense that is not a registration-exempt sexually
oriented offense and has
been
adjudicated a
sexual predator or
determined to
be a
habitual sex offender, an offender who has
committed
an aggravated sexually oriented
offense, or an offender
or delinquent child who has committed or a child-victim oriented
offense and has been adjudicated a child-victim predator or
determined to be a habitual child-victim offender, and is in a
category specified in division (F)(1) of that section and
rules
that prescribe
a manner in
which
victims of either a
sexually
oriented offense that is not a registration-exempt sexually
oriented offense or a child-victim oriented offense committed
by
an offender
or a
delinquent child who has been
adjudicated a
sexual
predator or determined to be a
habitual sex
offender, an
offender who has
committed
an
aggravated sexually oriented
offense, or an offender or delinquent child who has committed a
child-victim oriented offense and has been adjudicated a
child-victim predator or determined to be a habitual child-victim
offender is in a category specified in division (B)(1) of section
2950.10 of the Revised Code may make a
request that
specifies that
the
victim would
like to be provided
the notices
described in
divisions (A)(1) and
(2) of section
2950.10 of the
Revised Code;
(4) In consultation with local law enforcement representatives and through the bureau of criminal identification and investigation, prescribe the forms to be used by judges and officials pursuant to section 2950.03 or 2950.032 of the Revised Code to advise offenders and delinquent children of their duties of filing a notice of intent to reside, registration, notification of a change of residence, school, institution of higher education, or place of employment address and registration of the new, school, institution of higher education, or place of employment address, as applicable, and address verification under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and prescribe the forms to be used by sheriffs relative to those duties of filing a notice of intent to reside, registration, change of residence, school, institution of higher education, or place of employment address notification, and address verification;
(5) Make copies of the forms prescribed under division (A)(4) of this section available to judges, officials, and sheriffs;
(6) Through the bureau of criminal identification and investigation, provide the notifications, the information and materials, and the documents that the bureau is required to provide to appropriate law enforcement officials and to the federal bureau of investigation pursuant to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;
(7) Through the bureau of criminal identification and investigation, maintain the verification forms returned under the address verification mechanism set forth in section 2950.06 of the Revised Code;
(8) In consultation with representatives of the officials,
judges, and
sheriffs, adopt procedures for officials,
judges, and
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of
criminal identification and
investigation
pursuant to the requirements of sections 2950.03,
2950.04, 2950.041, 2950.05, and
2950.06, and 2950.11 of the
Revised Code;
(9) In consultation with the director of education, the
director of
job and family
services, and the director of
rehabilitation and correction,
adopt rules that contain
guidelines
to be followed by boards of
education of a school district,
chartered nonpublic schools or
other schools not operated by a
board of
education, preschool
programs, child day-care centers,
type
A family day-care homes,
certified type
B family day-care
homes, and institutions of
higher
education regarding the proper
use and administration of
information
received pursuant to section
2950.11 of the Revised
Code
relative to
an offender or delinquent
child who has
been
adjudicated a
sexual predator or child-victim
predator or
determined to be a
habitual sex offender or habitual
child-victim offender, or an offender who has committed an
aggravated sexually oriented offense committed a sexually oriented
offense or a child-victim oriented offense and is in a category
specified in division (F)(1) of that section;
(10) In consultation with local law enforcement representatives and no later than July 1, 1997, adopt rules that designate a geographic area or areas within which the notice described in division (B) of section 2950.11 of the Revised Code must be given to the persons identified in divisions (A)(2) to (8) and (A)(10) of that section;
(11) Through the bureau of criminal identification and
investigation, not later than January 1, 2004, establish and
operate on the internet a sex offender and child-victim offender
database that contains information for every offender who has
committed either a sexually oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense and who registers in any county in this state
pursuant to section 2950.04 or 2950.041 of the Revised Code and
for every delinquent child who has committed a sexually oriented
offense, is a public registry-qualified juvenile offender
registrant, and registers in any county in this state pursuant to
either such section. The bureau shall not include on the database
the identity of any offender's or public registry-qualified
juvenile offender registrant's victim,
any offender's or public
registry-qualified juvenile offender
registrant's social security
number, the name of any school or
institution of higher education
attended by any offender or public
registry-qualified juvenile
offender registrant, the name of the
place of employment of any
offender or public registry-qualified
juvenile offender
registrant, any tracking or identification
number described in
division (A)(1)(f) of this section, or any
information described
in division (C)(7) of section 2950.04 or
2950.041 of the Revised
Code. The bureau shall provide on the
database, for each offender
and each public registry-qualified
juvenile offender registrant,
at least the information specified
in divisions (A)(11)(a) to (h)
of this section. Otherwise, the
bureau shall determine the
information to be provided on the
database for each offender and
public registry-qualified juvenile
offender registrant and shall
obtain that information from the
information contained in the
state registry of sex offenders and
child-victim offenders
described in division (A)(1) of this
section, which information,
while in the possession of the sheriff
who provided it, is a
public record open for inspection as
described in section
2950.081 of the Revised Code. The information
provided for each
offender shall include at least the information
set forth in
division (B) of section 2950.11 of the Revised Code.
The database
is a public record open for inspection under section
149.43 of
the Revised Code, and it shall be searchable by offender
or
public registry-qualified juvenile offender registrant name, by
county, by zip code, and by school district. The database shall
provide a link to the web site of each sheriff who has established
and operates on the internet a sex offender and child-victim
offender database that contains information for offenders and
public registry-qualified juvenile offender registrants who
register in that county pursuant to section 2950.04 or 2950.041 of
the Revised Code, with the link being a direct link to the sex
offender and child-victim offender database for the sheriff. The
bureau shall provide on the database, for each offender and public
registry-qualified juvenile offender registrant, at least the
following information:
(a) The information described in divisions (A)(1)(a), (b), (c), and (d) of this section relative to the offender or public registry-qualified juvenile offender registrant;
(b) The address of the offender's or public registry-qualified juvenile offender registrant's school, institution of higher education, or place of employment provided in a registration form;
(c) The information described in division (C)(6) of section 2950.04 or 2950.041 of the Revised Code;
(d) A chart describing which sexually oriented offenses and child-victim oriented offenses are included in the definitions of tier I sex offender/child-victim offender, tier II sex offender/child-victim offender, and tier III sex offender/child-victim offender;
(e) Fingerprints and palm prints of the offender or public registry-qualified juvenile offender registrant and a DNA specimen from the offender or public registry-qualified juvenile offender registrant;
(f) The information set forth in division (B) of section 2950.11 of the Revised Code;
(g) Any outstanding arrest warrants for the offender or public registry-qualified juvenile offender registrant;
(h) The offender's or public registry-qualified juvenile offender registrant's compliance status with duties under this chapter.
(12) Upon the request of any sheriff, provide technical
guidance to the requesting sheriff Develop software to be used by
sheriffs in establishing on the internet a sex offender and
child-victim offender database for the public dissemination of
some or all of the information and materials described in division
(A) of section 2950.081 of the Revised Code that are public
records under that division, that are not prohibited from
inclusion by division (B) of that section, and that pertain to
offenders and public registry-qualified juvenile offender
registrants who register in that the sheriff's county pursuant to
section 2950.04 or 2950.041 of the Revised Code and for the public
dissemination of information the sheriff receives pursuant to
section 2950.14 of the Revised Code and, upon the request of any
sheriff, provide technical guidance to the requesting sheriff in
establishing on the internet such a database;
(13) Through the bureau of criminal identification and
investigation, not later than January 1, 2004, establish and
operate on the internet a database that enables local law
enforcement representatives to remotely search by electronic means
the state registry of sex offenders and child-victim offenders
described in division (A)(1) of this section and any information
and materials the bureau receives pursuant to sections 2950.04,
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The
database shall enable local law enforcement representatives to
obtain detailed information regarding each offender and delinquent
child who is included in the registry, including, but not limited
to the offender's or delinquent child's name, aliases, residence
address, name and address of any place of employment, school,
institution of higher education, if applicable, motor vehicle
license plate number if of each vehicle identified in
division
(C)(5) of section 2950.04 or 2950.041 of the Revised Code
to the
extent applicable, victim preference if available, date of
most
recent release from confinement if applicable, fingerprints,
and
palmprints, all of the information and material described in
division (A)(1)(a) to (h) of this section regarding the offender
or delinquent child, and other identification parameters the
bureau considers appropriate. The database is not a public record
open for inspection under section 149.43 of the Revised Code and
shall be available only to law enforcement representatives as
described in this division. Information obtained by local law
enforcement representatives through use of this database is not
open to inspection by the public or by any person other than a
person identified in division (A) of section 2950.08 of the
Revised Code.
(14) Through the bureau of criminal identification and investigation, maintain a list of requests for notice about a specified offender or delinquent child or specified geographical notification area made pursuant to division (J) of section 2950.11 of the Revised Code and, when an offender or delinquent child changes residence to another county, forward any requests for information about that specific offender or delinquent child to the appropriate sheriff;
(15) Through the bureau of criminal identification and investigation, establish and operate a system for the immediate notification by electronic means of the appropriate officials in other states specified in this division each time an offender or delinquent child registers a residence, school, institution of higher education, or place of employment address under section 2950.04 or 2950.041 of the revised Code or provides a notice of a change of address or registers a new address under division (A) or (B) of section 2950.05 of the Revised Code. The immediate notification by electronic means shall be provided to the appropriate officials in each state in which the offender or delinquent child is required to register a residence, school, institution of higher education, or place of employment address. The notification shall contain the offender's or delinquent child's name and all of the information the bureau receives from the sheriff with whom the offender or delinquent child registered the address or provided the notice of change of address or registered the new address.
(B) The attorney general in consultation with local law enforcement representatives, may adopt rules that establish one or more categories of neighbors of an offender or delinquent child who, in addition to the occupants of residential premises and other persons specified in division (A)(1) of section 2950.11 of the Revised Code, must be given the notice described in division (B) of that section.
(C) No person, other than a local law enforcement representative, shall knowingly do any of the following:
(1) Gain or attempt to gain access to the database established and operated by the attorney general, through the bureau of criminal identification and investigation, pursuant to division (A)(13) of this section.
(2) Permit any person to inspect any information obtained through use of the database described in division (C)(1) of this section, other than as permitted under that division.
(D) As used in this section, "local law enforcement representatives" means representatives of the sheriffs of this state, representatives of the municipal chiefs of police and marshals of this state, and representatives of the township constables and chiefs of police of the township police departments or police district police forces of this state.
Sec. 2950.131. If, on or after the effective date of this section, the United States attorney general or an office established under the authority of the United States attorney general adopts any regulation, guideline, or standard that interprets or applies the federal Sex Offender Registration and Notification Act, Pub. L. No. 109-249, to require additional sex offender registration and notification than otherwise required by Chapter 2950. of the Revised Code, as amended by this act, or notifies the attorney general of this state that the amendments made by this act are not in substantial compliance with the federal Sex Offender Registration and Notification Act or regulations, guidelines or standards interpreting or applying the federal Sex Offender Registration and Notification Act, the attorney general of this state within one hundred eighty days after notification or the adoption of any regulation, guideline or standard that interprets or applies the federal Sex Offender Registration and Notification Act, shall adopt rules in accordance with Chapter 119. of the Revised Code to require additional sex offender registration or notification so that Ohio's sex offender registration and notification requirements are consistent with, and not less stringent than, the federal Sex Offender Registration and Notification Act and any regulation, guideline or standard that interprets or applies the federal Sex Offender Registration and Notification Act.
Sec. 2950.14. (A) Prior to releasing
an offender who is
under the custody and control of the department of
rehabilitation
and correction and who has been convicted of or
pleaded guilty to
committing, either prior to, on, or after January
1, 1997, any
sexually
oriented offense that is not a registration-exempt
sexually oriented offense or any child-victim oriented offense,
the
department
of rehabilitation and
correction shall provide all
of the
information
described in
division (B) of this
section to
the bureau of
criminal
identification and investigation regarding
the offender and to the sheriff of the county in which the
offender's anticipated future residence is located.
Prior to
releasing a delinquent child who is in the
custody of the
department of youth services
who has
been
adjudicated a
delinquent
child for
committing on or after
January 1, 2002, any
sexually
oriented offense that is not a registration-exempt sexually
oriented offense or any child-victim oriented offense, regardless
of when the offense was committed,
and
who has been classified a
juvenile
offender registrant based
on that adjudication, the
department
of
youth services shall
provide all of the information
described
in
division
(B) of this
section to the
bureau of
criminal
identification and investigation
regarding
the delinquent
child.
(B) The department of rehabilitation and correction and the department of youth services shall provide all of the following information to the bureau of criminal identification and investigation regarding an offender or delinquent child described in division (A) of this section:
(1) The offender's or delinquent child's name and any aliases used by the offender or delinquent child;
(2) All identifying factors concerning, and a physical description of, the offender or delinquent child;
(3) The offender's or delinquent child's anticipated future residence;
(4) The offense and delinquency history and the terms and conditions of release of the offender or delinquent child;
(5) Whether the offender or delinquent child was treated for a mental abnormality or personality disorder while under the custody and control of the department;
(6) Any other information that the bureau indicates is relevant and that the department possesses.
(C) Upon receipt of the information described in division (B) of this section regarding an offender or delinquent child, the bureau immediately shall enter the information into the state registry of sex offenders and child-victim offenders that the bureau maintains pursuant to section 2950.13 of the Revised Code and into the records that the bureau maintains pursuant to division (A) of section 109.57 of the Revised Code. Upon receipt of that information regarding an offender, the bureau immediately shall enter the information on the sex offender and child-victim offender database it establishes and operates on the internet pursuant to division (A)(11) of section 2950.13 of the Revised Code.
(D) Upon receipt of the information described in division (B) of this section regarding an offender, a sheriff who has established on the internet a sex offender and child-victim offender database for the public dissemination of information regarding such offenders shall enter that information on the database.
Sec. 2950.15. (A) As used in this section and section 2950.16 of the Revised Code, "eligible offender" means a person who is convicted of, pleads guilty to, was convicted of, or pleaded guilty to a sexually oriented offense or child-victim oriented offense, regardless of when the offense was committed, and is a tier I sex offender/child-victim offender or a child who is or was adjudicated a delinquent child for committing a sexually oriented offense or child-victim oriented offense, regardless of when the offense was committed, and is a public registry-qualified juvenile offender registrant.
(B) Pursuant to this section, an eligible offender may make a motion to the court of common pleas or, for a delinquent child, the juvenile court of the county in which the eligible offender resides requesting that the court terminate the eligible offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. If the eligible offender is not a resident of this state, the eligible offender may make a motion to the court of common pleas of the county in which the eligible offender has registered pursuant to section 2950.04 or 2950.041 of the Revised Code, but if the eligible offender has registered addresses of that nature in more than one county, the eligible offender may make such a motion in the court of only one of those counties. Notwithstanding any state or local rule assigning costs and fees for filing and processing civil and criminal cases, the fee for filing the motion shall be one hundred fifty dollars. This fee shall be applied to any further processing of the motion, including, but not limited to, the costs associated with investigating the motion, notifying relevant parties, scheduling hearings, and recording and reporting the court's determination.
(C)(1) Except as provided in division (C)(2) of this section, an eligible offender who is classified a tier I sex offender/child-victim offender may make a motion under division (B) of this section upon the expiration of ten years after the eligible offender's duty to comply with division (A)(2) or (4) of section 2950.04 or division (A)(2) or (4) of section 2950.041 and sections 2950.05 and 2950.06 of the Revised Code begins in relation to the offense for which the eligible offender is subject to those provisions.
(2) An eligible offender who is a delinquent child and is classified a public registry-qualified juvenile offender registrant may make a motion under division (B) of this section upon the expiration of twenty-five years after the eligible offender's duty to comply with division (A)(3) or (4) of section 2950.04 and sections 2950.05 and 2950.06 of the Revised Code begins in relation to the offense for which the eligible offender is subject to those provisions.
(D) An eligible offender who makes a motion under division (B) of this section shall include all of the following with the motion:
(1) A certified copy of the judgment entry and any other documentation of the sentence or disposition given for the offense or offenses for which the eligible offender was convicted, pleaded guilty, or was adjudicated a delinquent child;
(2) Documentation of the date of discharge from supervision or release, whichever is applicable;
(3) Evidence that the eligible offender has completed a sex offender or child-victim offender treatment program certified by the department of rehabilitation and correction or the department of youth services pursuant to section 2950.16 of the Revised Code;
(4) Evidence that the eligible offender has not been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any subsequent sexually oriented offense, child-victim oriented offense, or other criminal offense, except for a minor misdemeanor traffic offense;
(5) Evidence that the eligible offender has paid any financial sanctions imposed upon the offender pursuant to section 2929.18 or 2929.28 of the Revised Code.
(E) Upon the filing of a motion pursuant to division (B) of this section, the offender or delinquent child shall serve a copy of the motion on the prosecutor who handled the case in which the eligible offender was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing the sexually oriented offense or child-victim oriented offense. Upon the filing of the motion, the court shall set a tentative date for a hearing on the motion that is not later than one hundred eighty days from the date the motion is filed unless good cause exists to hold the hearing at a later date and shall notify the eligible offender and the prosecutor of the date, time, and place of the hearing. The court shall then forward a copy of the motion and its supporting documentation to the court's probation department or another appropriate agency to investigate the merits of the motion. The probation department or agency shall submit a written report detailing its investigation to the court within sixty days of receiving the motion and supporting documentation.
Upon receipt of the written report from the probation department or other appropriate agency, the court shall forward a copy of the motion, supporting documentation, and the written report to the prosecutor.
(F)(1) After the prosecutor is served with a copy of the motion as described in division (E) of this section, the prosecutor shall notify the victim of any offense for which the eligible offender is requesting a termination of duties under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. The victim may submit a written statement to the prosecutor regarding any knowledge the victim has of the eligible offender's conduct while subject to the duties imposed by sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.
(2) At least seven days before the hearing date, the prosecutor may file an objection to the motion with the court and serve a copy of the objection to the motion to the eligible offender or the eligible offender's attorney.
(G) In addition to the evidence that accompanies the motion described in division (D) of this section and the written report submitted pursuant to division (E) of this section, in determining whether to grant a motion made under division (B) of this section, the court may consider any other evidence the court considers relevant, including, but not limited to, evidence of the following while the eligible offender has been subject to the duties imposed under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code:
(1) Whether the eligible offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege has ever been suspended;
(2) Whether the eligible offender has maintained financial responsibility for a motor vehicle as required by section 4509.101 of the Revised Code;
(3) Whether the eligible offender has satisfied any child or spousal support obligations, if applicable;
(4) Whether the eligible offender has paid all local, state, and federal income taxes, and has timely filed all associated income tax returns, as required by local, state, or federal law;
(5) Whether there is evidence that the eligible offender has adequately addressed sex offending or child-victim offending behaviors;
(6) Whether the eligible offender has maintained a residence for a substantial period of time;
(7) Whether the eligible offender has maintained employment or, if the eligible offender has not been employed while under a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, whether the eligible offender has satisfied the offender's financial obligations through other manners of support such as disability payments, a pension, spousal or child support, or scholarships or grants;
(8) Whether the eligible offender has adequately addressed any drug or alcohol abuse or addiction;
(9) Letters of reference;
(10) Documentation of the eligible offender's service to the community or to specific individuals in need.
(H)(1) The court, without a hearing, may issue an order denying the eligible offender's motion to terminate the eligible offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if the court, based on the evidence submitted with the motion pursuant to division (D) of this section and the written report submitted pursuant to division (E) of this section and after considering the factors described in division (G) of this section, finds that those duties should not be terminated.
(2) If the prosecutor does not file an objection to the eligible offender's application as provided in division (F)(2) of this section, the court, without a hearing, may issue an order that terminates the eligible offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if the court, based on the evidence submitted with the motion pursuant to division (D) of this section and the written report submitted pursuant to division (E) of this section and after considering the factors described in division (G) of this section, finds that those duties should be terminated.
(3) If the court does not issue an order under division (H)(1) or (2) of this section, the court shall hold a hearing to determine whether to grant or deny the motion. At the hearing, the Rules of Civil Procedure or, if the hearing is in a juvenile court, the Rules of Juvenile Procedure apply, except to the extent that those Rules would by their nature be clearly inapplicable. At the hearing, the eligible offender has the burden of going forward with the evidence and the burden of proof by a preponderance of the evidence. If, after considering the evidence submitted with the motion pursuant to division (D) of this section, the written report submitted pursuant to division (E) of this section, and the factors described in division (G) of this section, the court finds that the eligible offender has satisfied the burden of proof, the court shall issue an order that terminates the eligible offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. If the court finds that the eligible offender has not satisfied the burden of proof, the court shall issue an order denying the motion.
(4)(a) The court shall provide prompt notice of its order issued pursuant to division (H)(1), (2), or (3) of this section to the eligible offender or the eligible offender's attorney.
(b) If the court issues an order terminating the eligible offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, the court shall promptly forward a copy of the order to the bureau of criminal identification and investigation. Upon receipt of the order, the bureau shall update all records pertaining to the eligible offender to reflect the termination order. The bureau also shall notify every sheriff with whom the eligible offender has most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code of the termination order.
(c) If the court issues an order terminating the eligible offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, the court shall promptly forward a copy of the order to any court that sentenced the offender or adjudicated the child a delinquent child for a sexually oriented offense or child-victim oriented offense that is the basis of the termination order. The court that receives this notice shall retain a copy of the order in the eligible offender's original case file.
Sec. 2950.16. By July 1, 2008, the department of rehabilitation and correction and the department of youth services shall adopt rules pertaining to the certification of sex offender and child-victim offender treatment programs. The rules shall include a requirement that the departments periodically inspect and certify sex offender and child-victim offender treatment programs. The rules shall also include a requirement that the departments maintain a list of certified sex offender and child-victim offender treatment programs that is open to public inspection.
Sec. 2953.32. (A)(1) Except as provided in section 2953.61 of the Revised Code, a first offender may apply to the sentencing court if convicted in this state, or to a court of common pleas if convicted in another state or in a federal court, for the sealing of the conviction record. Application may be made at the expiration of three years after the offender's final discharge if convicted of a felony, or at the expiration of one year after the offender's final discharge if convicted of a misdemeanor.
(2) Any person who has been arrested for any misdemeanor offense and who has effected a bail forfeiture may apply to the court in which the misdemeanor criminal case was pending when bail was forfeited for the sealing of the record of the case. Except as provided in section 2953.61 of the Revised Code, the application may be filed at any time after the expiration of one year from the date on which the bail forfeiture was entered upon the minutes of the court or the journal, whichever entry occurs first.
(B) Upon the filing of an application under this section, the court shall set a date for a hearing and shall notify the prosecutor for the case of the hearing on the application. The prosecutor may object to the granting of the application by filing an objection with the court prior to the date set for the hearing. The prosecutor shall specify in the objection the reasons for believing a denial of the application is justified. The court shall direct its regular probation officer, a state probation officer, or the department of probation of the county in which the applicant resides to make inquiries and written reports as the court requires concerning the applicant.
(C)(1) The court shall do each of the following:
(a) Determine whether the applicant is a first offender or whether the forfeiture of bail was agreed to by the applicant and the prosecutor in the case. If the applicant applies as a first offender pursuant to division (A)(1) of this section and has two or three convictions that result from the same indictment, information, or complaint, from the same plea of guilty, or from the same official proceeding, and result from related criminal acts that were committed within a three-month period but do not result from the same act or from offenses committed at the same time, in making its determination under this division, the court initially shall determine whether it is not in the public interest for the two or three convictions to be counted as one conviction. If the court determines that it is not in the public interest for the two or three convictions to be counted as one conviction, the court shall determine that the applicant is not a first offender; if the court does not make that determination, the court shall determine that the offender is a first offender.
(b) Determine whether criminal proceedings are pending against the applicant;
(c) If the applicant is a first offender who applies pursuant to division (A)(1) of this section, determine whether the applicant has been rehabilitated to the satisfaction of the court;
(d) If the prosecutor has filed an objection in accordance with division (B) of this section, consider the reasons against granting the application specified by the prosecutor in the objection;
(e) Weigh the interests of the applicant in having the records pertaining to the applicant's conviction sealed against the legitimate needs, if any, of the government to maintain those records.
(2) If the court determines, after complying with division (C)(1) of this section, that the applicant is a first offender or the subject of a bail forfeiture, that no criminal proceeding is pending against the applicant, and that the interests of the applicant in having the records pertaining to the applicant's conviction or bail forfeiture sealed are not outweighed by any legitimate governmental needs to maintain those records, and that the rehabilitation of an applicant who is a first offender applying pursuant to division (A)(1) of this section has been attained to the satisfaction of the court, the court, except as provided in division (G) of this section, shall order all official records pertaining to the case sealed and, except as provided in division (F) of this section, all index references to the case deleted and, in the case of bail forfeitures, shall dismiss the charges in the case. The proceedings in the case shall be considered not to have occurred and the conviction or bail forfeiture of the person who is the subject of the proceedings shall be sealed, except that upon conviction of a subsequent offense, the sealed record of prior conviction or bail forfeiture may be considered by the court in determining the sentence or other appropriate disposition, including the relief provided for in sections 2953.31 to 2953.33 of the Revised Code.
(3) Upon the filing of an application under this section, the applicant, unless indigent, shall pay a fee of fifty dollars. The court shall pay thirty dollars of the fee into the state treasury. It shall pay twenty dollars of the fee into the county general revenue fund if the sealed conviction or bail forfeiture was pursuant to a state statute, or into the general revenue fund of the municipal corporation involved if the sealed conviction or bail forfeiture was pursuant to a municipal ordinance.
(D) Inspection of the sealed records included in the order may be made only by the following persons or for the following purposes:
(1) By a law enforcement officer or prosecutor, or the assistants of either, to determine whether the nature and character of the offense with which a person is to be charged would be affected by virtue of the person's previously having been convicted of a crime;
(2) By the parole or probation officer of the person who is the subject of the records, for the exclusive use of the officer in supervising the person while on parole or under a community control sanction or a post-release control sanction, and in making inquiries and written reports as requested by the court or adult parole authority;
(3) Upon application by the person who is the subject of the records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the case, for use in the officer's defense of a civil action arising out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's assistants, to determine a defendant's eligibility to enter a pre-trial diversion program established pursuant to section 2935.36 of the Revised Code;
(6) By any law enforcement agency or any authorized employee of a law enforcement agency or by the department of rehabilitation and correction as part of a background investigation of a person who applies for employment with the agency as a law enforcement officer or with the department as a corrections officer;
(7) By any law enforcement agency or any authorized employee of a law enforcement agency, for the purposes set forth in, and in the manner provided in, section 2953.321 of the Revised Code;
(8) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of providing information to a board or person pursuant to division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and investigation or any authorized employee of the bureau for the purpose of performing a criminal history records check on a person to whom a certificate as prescribed in section 109.77 of the Revised Code is to be awarded;
(10) By the bureau of criminal identification and investigation, an authorized employee of the bureau, a sheriff, or an authorized employee of a sheriff in connection with a criminal records check described in section 311.41 of the Revised Code;
(11) By the attorney general or an authorized employee of the attorney general or a court for purposes of determining a person's classification pursuant to Chapter 2950. of the Revised Code.
When the nature and character of the offense with which a person is to be charged would be affected by the information, it may be used for the purpose of charging the person with an offense.
(E) In any criminal proceeding, proof of any otherwise admissible prior conviction may be introduced and proved, notwithstanding the fact that for any such prior conviction an order of sealing previously was issued pursuant to sections 2953.31 to 2953.36 of the Revised Code.
(F) The person or governmental agency, office, or department that maintains sealed records pertaining to convictions or bail forfeitures that have been sealed pursuant to this section may maintain a manual or computerized index to the sealed records. The index shall contain only the name of, and alphanumeric identifiers that relate to, the persons who are the subject of the sealed records, the word "sealed," and the name of the person, agency, office, or department that has custody of the sealed records, and shall not contain the name of the crime committed. The index shall be made available by the person who has custody of the sealed records only for the purposes set forth in divisions (C), (D), and (E) of this section.
(G) Notwithstanding any provision of this section or section 2953.33 of the Revised Code that requires otherwise, a board of education of a city, local, exempted village, or joint vocational school district that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding a conviction that was used as the basis for the individual's permanent exclusion, regardless of a court order to seal the record. An order issued under this section to seal the record of a conviction does not revoke the adjudication order of the superintendent of public instruction to permanently exclude the individual who is the subject of the sealing order. An order issued under this section to seal the record of a conviction of an individual may be presented to a district superintendent as evidence to support the contention that the superintendent should recommend that the permanent exclusion of the individual who is the subject of the sealing order be revoked. Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code, any school employee in possession of or having access to the sealed conviction records of an individual that were the basis of a permanent exclusion of the individual is subject to section 2953.35 of the Revised Code.
Sec. 2967.12. (A) Except as provided in division (G) of this section, at least three weeks before the adult parole authority recommends any pardon or commutation of sentence, or grants any parole, the authority shall send a notice of the pendency of the pardon, commutation, or parole, setting forth the name of the person on whose behalf it is made, the offense of which the person was convicted or to which the person pleaded guilty, the time of conviction or the guilty plea, and the term of the person's sentence, to the prosecuting attorney and the judge of the court of common pleas of the county in which the indictment against the person was found. If there is more than one judge of that court of common pleas, the authority shall send the notice to the presiding judge. The department of rehabilitation and correction, at the same time that it provides the notice to the prosecuting attorney and judge under this division, also shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(iii) of that section.
(B) If a request for notification has been made pursuant to section 2930.16 of the Revised Code, the adult parole authority also shall give notice to the victim or the victim's representative prior to recommending any pardon or commutation of sentence for, or granting any parole to, the person. The authority shall provide the notice at the same time as the notice required by division (A) of this section and shall include in the notice the information required to be set forth in that notice. The notice also shall inform the victim or the victim's representative that the victim or representative may send a written statement relative to the victimization and the pending action to the adult parole authority and that, if the authority receives any written statement prior to recommending a pardon or commutation or granting a parole for a person, the authority will consider the statement before it recommends a pardon or commutation or grants a parole. If the person is being considered for parole, the notice shall inform the victim or the victim's representative that a full board hearing of the parole board may be held and that the victim or victim's representative may contact the office of victims' services for further information. If the person being considered for parole was convicted of or pleaded guilty to violating section 2903.01 or 2903.02 of the Revised Code, the notice shall inform the victim of that offense, the victim's representative, or a member of the victim's immediate family that the victim, the victim's representative, and the victim's immediate family have the right to give testimony at a full board hearing of the parole board and that the victim or victim's representative may contact the office of victims' services for further information. As used in this division, "the victim's immediate family" means the mother, father, spouse, sibling, or child of the victim.
(C) When notice of the pendency of any pardon, commutation of sentence, or parole has been given to a judge or prosecutor or posted on the database as provided in division (A) of this section and a hearing on the pardon, commutation, or parole is continued to a date certain, the authority shall provide notice of the further consideration of the pardon, commutation, or parole at least ten days before the further consideration. The notice of the further consideration shall be provided to the proper judge and prosecuting attorney by mail at least ten days before the further consideration, and, if the initial notice was posted on the database as provided in division (A) of this section, the notice of the further consideration shall be posted on the database at least ten days before the further consideration. When notice of the pendency of any pardon, commutation, or parole has been given as provided in division (B) of this section and the hearing on it is continued to a date certain, the authority shall give notice of the further consideration to the victim or the victim's representative in accordance with section 2930.03 of the Revised Code.
(D) In case of an application for the pardon or commutation of sentence of a person sentenced to capital punishment, the governor may modify the requirements of notification and publication if there is not sufficient time for compliance with the requirements before the date fixed for the execution of sentence.
(E) If an offender is serving a prison term imposed under
division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised Code
and if the
parole board terminates its
control over
the offender's service of
that term pursuant to section 2971.04
of
the Revised Code, the
parole board immediately
shall provide
written notice of its
termination of control or the transfer of
control to the entities
and persons
specified in section 2971.04
of the Revised Code.
(F) The failure of the adult parole authority to comply with the notice or posting provisions of division (A), (B), or (C) of this section or the failure of the parole board to comply with the notice provisions of division (E) of this section do not give any rights or any grounds for appeal or post-conviction relief to the person serving the sentence.
(G) Divisions (A), (B), and (C) of this section do not apply to any release of a person that is of the type described in division (B)(2)(b) of section 5120.031 of the Revised Code.
(H) In addition to and independent of the right of a victim to make a statement as described in division (A) of this section or pursuant to section 2930.17 of the Revised Code or to otherwise make a statement, the authority for a judge or prosecuting attorney to furnish statements and information, make recommendations, and give testimony as described in division (A) of this section, the right of a prosecuting attorney, judge, or victim to give testimony or submit a statement at a full parole board hearing pursuant to section 5149.101 of the Revised Code, and any other right or duty of a person to present information or make a statement, any person may send to the adult parole authority at any time prior to the authority's recommending a pardon or commutation or granting a parole for the offender a written statement relative to the offense and the pending action.
Sec. 2967.121. (A) Subject to division (C) of this section, at least two weeks before any convict who is serving a sentence for committing a felony of the first, second, or third degree is released from confinement in any state correctional institution pursuant to a pardon, commutation of sentence, parole, or completed prison term, the adult parole authority shall send notice of the release to the prosecuting attorney of the county in which the indictment of the convict was found.
(B) The notice required by division (A) of this section may be contained in a weekly list of all felons of the first, second, or third degree who are scheduled for release. The notice shall contain all of the following:
(1) The name of the convict being released;
(2) The date of the convict's release;
(3) The offense for the violation of which the convict was convicted and incarcerated;
(4) The date of the convict's conviction pursuant to which the convict was incarcerated;
(5) The sentence imposed for that conviction;
(6) The length of any supervision that the convict will be under;
(7) The name, business address, and business phone number of the convict's supervising officer;
(8) The address at which the convict will reside.
(C) Divisions (A) and (B) of this section do not
apply to the
release from confinement of an offender if the
offender is serving
a prison term imposed under division (A)(3), (B)(1)(a), (b), or
(c), or (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code, if the court pursuant to
section 2971.05
of the Revised Code modifies the requirement that
the offender serve that
entire term in a
state correctional
institution, and if the release from confinement is
pursuant
to
that modification. In a case of that type, the court that modifies
the
requirement promptly shall provide written notice of the
modification and the
order that modifies the requirement or
revises the modification to the
offender, the department of
rehabilitation and correction, the prosecuting
attorney, and any
state agency or political subdivision that is affected by
the
order.
Sec. 2971.01. As used in this chapter:
(A) "Mandatory prison term" has the same meaning as in section 2929.01 of the Revised Code.
(B) "Designated homicide, assault, or kidnapping offense" means any of the following:
(1) A violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the Revised Code or a violation of division (A) of section 2903.04 of the Revised Code;
(2) An attempt to commit or complicity in committing a violation listed in division (B)(1) of this section, if the attempt or complicity is a felony.
(C) "Examiner" has the same meaning as in section 2945.371 of the Revised Code.
(D) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.
(E) "Prosecuting attorney" means the prosecuting attorney who prosecuted the case of the offender in question or the successor in office to that prosecuting attorney.
(F) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(G) "Sexually violent offense" means any of the following:
(1) A violent sex offense;
(2) A designated homicide, assault, or kidnapping offense that the offender commits with a sexual motivation.
(H)(1) "Sexually violent predator" means a person who, on or after January 1, 1997, commits a sexually violent offense and is likely to engage in the future in one or more sexually violent offenses.
(2) For purposes of division (H)(1) of this section, any of the following factors may be considered as evidence tending to indicate that there is a likelihood that the person will engage in the future in one or more sexually violent offenses:
(a) The person has been convicted two or more times, in separate criminal actions, of a sexually oriented offense or a child-victim oriented offense. For purposes of this division, convictions that result from or are connected with the same act or result from offenses committed at the same time are one conviction, and a conviction set aside pursuant to law is not a conviction.
(b) The person has a documented history from childhood, into the juvenile developmental years, that exhibits sexually deviant behavior.
(c) Available information or evidence suggests that the person chronically commits offenses with a sexual motivation.
(d) The person has committed one or more offenses in which the person has tortured or engaged in ritualistic acts with one or more victims.
(e) The person has committed one or more offenses in which one or more victims were physically harmed to the degree that the particular victim's life was in jeopardy.
(f) Any other relevant evidence.
(I) "Sexually violent predator specification" means a specification, as described in section 2941.148 of the Revised Code, that charges that a person charged with a violent sex offense, or a person charged with a designated homicide, assault, or kidnapping offense and a sexual motivation specification, is a sexually violent predator.
(J) "Sexual motivation" means a purpose to gratify the sexual needs or desires of the offender.
(K) "Sexual motivation specification" means a specification, as described in section 2941.147 of the Revised Code, that charges that a person charged with a designated homicide, assault, or kidnapping offense committed the offense with a sexual motivation.
(L) "Violent sex offense" means any of the following:
(1) A violation of section 2907.02, 2907.03, or 2907.12 or of division (A)(4) or (B) of section 2907.05 of the Revised Code;
(2) A felony violation of a former law of this state that is substantially equivalent to a violation listed in division (L)(1) of this section or of an existing or former law of the United States or of another state that is substantially equivalent to a violation listed in division (L)(1) of this section;
(3) An attempt to commit or complicity in committing a violation listed in division (L)(1) or (2) of this section if the attempt or complicity is a felony.
Sec. 2971.03. (A) Notwithstanding divisions (A), (B), (C), and (F) of section 2929.14, section 2929.02, 2929.03, 2929.06, 2929.13, or another section of the Revised Code, other than divisions (D) and (E) of section 2929.14 of the Revised Code, that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment, the court shall impose a sentence upon a person who is convicted of or pleads guilty to a violent sex offense and who also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that offense, and upon a person who is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, as follows:
(1) If the offense for which the sentence is being imposed is aggravated murder and if the court does not impose upon the offender a sentence of death, it shall impose upon the offender a term of life imprisonment without parole. If the court sentences the offender to death and the sentence of death is vacated, overturned, or otherwise set aside, the court shall impose upon the offender a term of life imprisonment without parole.
(2) If the offense for which the sentence is being imposed is murder; or if the offense is rape committed in violation of division (A)(1)(b) of section 2907.02 of the Revised Code when the offender purposely compelled the victim to submit by force or threat of force, when the victim was less than ten years of age, when the offender previously has been convicted of or pleaded guilty to either rape committed in violation of that division or a violation of an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of section 2907.02 of the Revised Code, or when the offender during or immediately after the commission of the rape caused serious physical harm to the victim; or if the offense is an offense other than aggravated murder or murder for which a term of life imprisonment may be imposed, it shall impose upon the offender a term of life imprisonment without parole.
(3)(a) Except as otherwise provided in division (A)(3)(b), (c), (d), or (e) or (A)(4) of this section, if the offense for which the sentence is being imposed is an offense other than aggravated murder, murder, or rape and other than an offense for which a term of life imprisonment may be imposed, it shall impose an indefinite prison term consisting of a minimum term fixed by the court from among the range of terms available as a definite term for the offense, but not less than two years, and a maximum term of life imprisonment.
(b) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the first degree, it shall impose an indefinite prison term as follows:
(i) If the kidnapping is committed on or after the effective date of this amendment and the victim of the offense is less than thirteen years of age, except as otherwise provided in this division, it shall impose an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment. If the kidnapping is committed on or after the effective date of this amendment, the victim of the offense is less than thirteen years of age, and the offender released the victim in a safe place unharmed, it shall impose an indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment.
(ii) If the kidnapping is committed prior to the effective
date of this amendment or division (A)(3)(b)(i) of this section
does not apply, it shall impose an indefinite term consisting of a
minimum term fixed by the court that is not less
than ten years,
and a maximum term of life imprisonment.
(c) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the second degree, it shall impose an indefinite prison term consisting of a minimum term fixed by the court that is not less than eight years, and a maximum term of life imprisonment.
(d) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is rape for which a term of life imprisonment is not imposed under division (A)(2) of this section or division (B) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term as follows:
(i) If the rape is committed on or after the effective date
of this amendment January 2, 2007, in violation of division
(A)(1)(b) of section 2907.02 of the Revised Code, it shall impose
an indefinite prison term consisting of a minimum term of
twenty-five years and a maximum term of life imprisonment.
(ii) If the rape is committed prior to the effective date of
this amendment January 2, 2007, or the rape is committed on or
after the effective date of this amendment January 2, 2007, other
than in violation of division (A)(1)(b) of section 2907.02 of the
Revised Code, it shall impose an indefinite prison term consisting
of a
minimum term fixed by the court that is not less than ten
years, and a maximum term of
life imprisonment.
(e) Except as otherwise provided in division (A)(4) of this section, if the offense for which sentence is being imposed is attempted rape, it shall impose an indefinite prison term as follows:
(i) Except as otherwise provided in division (A)(3)(e)(ii), (iii), or (iv) of this section, it shall impose an indefinite prison term pursuant to division (A)(3)(a) of this section.
(ii) If the attempted rape for which sentence is being
imposed was committed on or after the effective date of this
amendment January 2, 2007, and if the offender also is convicted
of or pleads guilty to a specification of the type described in
section 2941.1418 of the Revised Code, it shall impose an
indefinite prison term consisting of a minimum term of five years
and a maximum term of twenty-five years.
(iii) If the attempted rape for which sentence is being
imposed was committed on or after the effective date of this
amendment January 2, 2007, and if the offender also is convicted
of or pleads guilty to a specification of the type described in
section 2941.1419 of the Revised Code, it shall impose an
indefinite prison term consisting of a minimum term of ten years
and a maximum of life imprisonment.
(iv) If the attempted rape for which sentence is being
imposed was committed on or after the effective date of this
amendment January 2, 2007, and if the offender also is convicted
of or pleads guilty to a specification of the type described in
section 2941.1420 of the Revised Code, it shall impose an
indefinite prison term consisting of a minimum term of fifteen
years and a maximum of life imprisonment.
(4) For any offense for which the sentence is being imposed, if the offender previously has been convicted of or pleaded guilty to a violent sex offense and also to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that offense, or previously has been convicted of or pleaded guilty to a designated homicide, assault, or kidnapping offense and also to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, it shall impose upon the offender a term of life imprisonment without parole.
(B)(1) Notwithstanding section 2929.13, division (A), (B),
(C), or (F) of section 2929.14, or another section of the Revised
Code other than division (B) of section 2907.02 or divisions (D)
and (E) of section 2929.14 of the Revised Code that authorizes or
requires a specified prison term or a mandatory prison term for a
person who is convicted of or pleads guilty to a felony or that
specifies the manner and place of service of a prison term or term
of imprisonment, if a person is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after the effective date of this amendment
January 2, 2007, if division (A) of this section does not apply
regarding the person, and if the court does not impose a sentence
of life without parole when authorized pursuant to division (B) of
section 2907.02 of the Revised Code, the court shall impose upon
the person an indefinite prison term consisting of one of the
following:
(a) Except as otherwise required in division (B)(1)(b) or (c) of this section, a minimum term of ten years and a maximum term of life imprisonment.
(b) If the victim was less than ten years of age, a minimum term of fifteen years and a maximum of life imprisonment.
(c) If the offender purposely compels the victim to submit by force or threat of force, or if the offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of that section, or if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, a minimum term of twenty-five years and a maximum of life imprisonment.
(2) Notwithstanding section 2929.13, division (A), (B), (C),
or (F) of section 2929.14, or another section of the Revised Code
other than divisions (D) and (E) of section 2929.14 of the Revised
Code that authorizes or requires a specified prison term or a
mandatory prison term for a person who is convicted of or pleads
guilty to a felony or that specifies the manner and place of
service of a prison term or term of imprisonment and except as
otherwise provided in division (B) of section 2907.02 of the
Revised Code, if a person is convicted of or pleads guilty to
attempted rape committed on or after the effective date of this
amendment January 2, 2007, and if division (A) of this section
does not apply regarding the person, the court shall impose upon
the person an indefinite prison term consisting of one of the
following:
(a) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1418 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years.
(b) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1419 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment.
(c) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1420 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment.
(3) Notwithstanding section 2929.13, division (A), (B), (C), or (F) of section 2929.14, or another section of the Revised Code other than divisions (D) and (E) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment, if a person is convicted of or pleads guilty to an offense described in division (B)(3)(a), (b), (c), or (d) of this section committed on or after the effective date of this amendment, if the person also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging that offense, and if division (A) of this section does not apply regarding the person, the court shall impose upon the person an indefinite prison term consisting of one of the following:
(a) An indefinite prison term consisting of a minimum of ten years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is kidnapping, the victim of the offense is less than thirteen years of age, and the offender released the victim in a safe place unharmed;
(b) An indefinite prison term consisting of a minimum of fifteen years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is kidnapping when the victim of the offense is less than thirteen years of age and division (B)(3)(a) of this section does not apply;
(c) An indefinite term consisting of a minimum of thirty years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is aggravated murder, when the victim of the offense is less than thirteen years of age, a sentence of death or life imprisonment without parole is not imposed for the offense, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires that the sentence for the offense be imposed pursuant to this division;
(d) An indefinite prison term consisting of a minimum of thirty years and a maximum term of life imprisonment if the offense for which the sentence is being imposed is murder when the victim of the offense is less than thirteen years of age.
(C)(1) If the offender is sentenced to a prison term
pursuant
to division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of this
section, the parole
board shall have control over the offender's
service of the term
during the entire term unless the parole
board terminates its
control in accordance with section 2971.04
of the Revised Code.
(2) Except as provided in division (C)(3) of this section, an offender sentenced to a prison term or term of life imprisonment without parole pursuant to division (A) of this section shall serve the entire prison term or term of life imprisonment in a state correctional institution. The offender is not eligible for judicial release under section 2929.20 of the Revised Code.
(3) For a prison term imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of this section, the court, in accordance with section 2971.05 of the Revised Code, may terminate the prison term or modify the requirement that the offender serve the entire term in a state correctional institution if all of the following apply:
(a) The offender has served at least the minimum term imposed as part of that prison term.
(b) The parole board, pursuant to section 2971.04 of the Revised Code, has terminated its control over the offender's service of that prison term.
(c) The court has held a hearing and found, by clear and convincing evidence, one of the following:
(i) In the case of termination of the prison term, that the offender is unlikely to commit a sexually violent offense in the future;
(ii) In the case of modification of the requirement, that the offender does not represent a substantial risk of physical harm to others.
(4) An offender who has been sentenced to a term of life imprisonment without parole pursuant to division (A)(1), (2), or (4) of this section shall not be released from the term of life imprisonment or be permitted to serve a portion of it in a place other than a state correctional institution.
(D) If a court sentences an offender to a prison term or term of life imprisonment without parole pursuant to division (A) of this section and the court also imposes on the offender one or more additional prison terms pursuant to division (D) of section 2929.14 of the Revised Code, all of the additional prison terms shall be served consecutively with, and prior to, the prison term or term of life imprisonment without parole imposed upon the offender pursuant to division (A) of this section.
(E) If the offender is convicted of or pleads guilty to two or more offenses for which a prison term or term of life imprisonment without parole is required to be imposed pursuant to division (A) of this section, divisions (A) to (D) of this section shall be applied for each offense. All minimum terms imposed upon the offender pursuant to division (A)(3) or (B) of this section for those offenses shall be aggregated and served consecutively, as if they were a single minimum term imposed under that division.
(F)(1) If an offender is convicted of or pleads guilty to a
violent sex
offense and
also is convicted of or pleads guilty to a
sexually violent
predator specification that was included in the
indictment,
count in the indictment, or information charging that
offense, or is convicted of or pleads guilty to a designated
homicide, assault, or kidnapping offense and also is convicted of
or pleads guilty to both a sexual motivation specification and a
sexually violent predator specification that were included in the
indictment, count in the indictment, or information charging that
offense, the conviction of or plea of guilty to the offense and
the sexually violent predator
specification automatically
classifies the offender as a sexual
predator tier III sex
offender/child-victim offender for purposes of Chapter 2950. of
the Revised Code. If
(2) If an offender is convicted of or pleads guilty to
committing on or after the effective date of this amendment
January 2, 2007, a violation of division (A)(1)(b) of section
2907.02 of the Revised Code and either the offender is sentenced
under section 2971.03 of the Revised Code or a sentence of life
without parole is imposed under division (B) of section 2907.02 of
the Revised Code, the conviction of or plea of guilty to the
offense automatically classifies the offender as a sexual predator
tier III sex offender/child-victim offender for purposes of
Chapter 2950. of the Revised Code. If
(3) If a person is convicted of or pleads guilty to
committing on or after the effective date of this amendment
January 2, 2007, attempted rape and also is convicted of or pleads
guilty to a specification of the type described in section
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the
conviction of or plea of guilty to the offense and the
specification automatically classify the offender as a sexual
predator tier III sex offender/child-victim offender for purposes
of this chapter Chapter 2950. of the Revised Code. The
classification pursuant to this division of an offender as a
sexual predator for purposes
of Chapter 2950. of the Revised Code
is permanent and continues until the offender's death as described
in division (D)(2) of section 2950.09 of the Revised Code.
(4) If a person is convicted of or pleads guilty to one of the offenses described in division (B)(3)(a), (b), (c), or (d) of this section and a sexual motivation specification related to the offense and the victim of the offense is less than thirteen years of age, the conviction of or plea of guilty to the offense automatically classifies the offender as a tier III sex offender/child-victim offender for purposes of Chapter 2950. of the Revised Code.
Sec. 2971.04. (A) If an offender is
serving a prison term
imposed under division
(A)(3), (B)(1)(a), (b), or (c), or
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised
Code, at any time after the offender has
served the
minimum term imposed under that sentence, the parole
board may
terminate its control over the offender's service of the
prison term. The
parole board initially shall determine whether to
terminate its control over
the offender's service of the prison
term upon the completion of the
offender's service of the minimum
term under the sentence and shall make
subsequent
determinations
at least once every two years after that first determination.
The
parole board shall not terminate its control over the offender's
service
of the
prison term unless it finds at a hearing that the
offender does not represent
a substantial risk of physical harm to
others. Prior to determining
whether to terminate its control over
the offender's service of the prison
term, the
parole board shall
request the department of rehabilitation and correction to
prepare
pursuant to section 5120.61 of the Revised Code an update of the
most
recent risk
assessment and report relative to the offender.
The offender has the right to
be present at any hearing
held under
this section. At the hearing, the offender and the
prosecuting
attorney may make a statement and present evidence
as to whether
the parole board should terminate its control over
the offender's
service of the prison term. In making its determination as to
whether to terminate its control over the offender's service of
the prison term, the parole board may follow the standards and
guidelines adopted by the department of rehabilitation and
correction under section 5120.49 of the Revised
Code and shall
consider the updated risk assessment and report
relating to the
offender
prepared by the department pursuant to section 5120.61 of
the
Revised Code in response to the request made under this
division
and any statements or evidence submitted by
the offender
or the prosecuting attorney. If the parole board terminates its
control
over an offender's service of a prison term imposed under
division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised Code, it shall recommend to the court
modifications to the
requirement that the offender serve the entire term in a
state
correctional institution. The court is not bound by the
recommendations submitted by the parole board.
(B) If the parole board terminates its control over an
offender's
service of a prison
term imposed pursuant to division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised
Code, the parole board immediately shall provide
written notice of
its termination of control to the department of
rehabilitation
and
correction, the court, and the prosecuting attorney, and, after
the
board's termination of its control, the court shall have
control over the
offender's service of that prison term.
After the transfer, the court shall have control over the offender's service of that prison term for the offender's entire life, subject to the court's termination of the term pursuant to section 2971.05 of the Revised Code.
(C) If control over the offender's service of the prison term is transferred to the court, all of the following apply:
(1) The offender shall not be released solely as a result of the transfer of control over the service of that prison term.
(2) The offender shall not be permitted solely as a result of the transfer to serve a portion of that term in a place other than a state correctional institution.
(3) The offender shall continue serving that term in a state correctional institution, subject to the following:
(a) A release pursuant to a pardon, commutation, or reprieve;
(b) A modification or termination of the term by the court pursuant to this chapter.
Sec. 2971.05. (A)(1) After control over an offender's
service
of a prison term imposed pursuant to division (A)(3),
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or (B)(3)(a),
(b), (c), or (d) of section
2971.03 of the Revised Code has been
transferred pursuant to section 2971.04 of the Revised Code to the
court, the
court shall
schedule, within thirty
days of any of the
following, a hearing on whether to modify in accordance
with
division (C) of this section the requirement that the offender
serve
the entire prison term in a state correctional
institution
or to terminate the
prison term in
accordance with division (D) of
this section:
(a) Control over the offender's service of a prison term is transferred pursuant to section 2971.04 of the Revised Code to the court, and no hearing to modify the requirement has been held;
(b) Two years elapse after the most recent prior hearing held pursuant to division (A)(1) or (2) of this section;
(c) The prosecuting attorney, the department of rehabilitation and correction, or the adult parole authority requests the hearing, and recommends that the requirement be modified or that the offender's prison term be terminated.
(2) After control over the offender's service of a prison term has been transferred pursuant to section 2971.04 of the Revised Code to the court, the court, within thirty days of either of the following, shall conduct a hearing on whether to modify in accordance with division (C) of this section the requirement that the offender serve the entire prison term in a state correctional institution, whether to continue, revise, or revoke an existing modification of that requirement, or whether to terminate the term in accordance with division (D) of this section:
(a) The requirement that the offender serve the entire prison term in a state correctional institution has been modified, and the offender is taken into custody for any reason.
(b) The department of rehabilitation and correction or the prosecuting attorney notifies the court pursuant to section 2971.06 of the Revised Code regarding a known or suspected violation of a term or condition of the modification or a belief that there is a substantial likelihood that the offender has committed or is about to commit a sexually violent offense.
(3) After control over the offender's service of a prison term has been transferred pursuant to section 2971.04 of the Revised Code to the court, the court, in any of the following circumstances, may conduct a hearing within thirty days to determine whether to modify in accordance with division (C) of this section the requirement that the offender serve the entire prison term in a state correctional institution, whether to continue, revise, or revoke an existing modification of that requirement, or whether to terminate the sentence in accordance with division (D) of this section:
(a) The offender requests the hearing;
(b) Upon the court's own motion;
(c) One or more examiners who have conducted a psychological examination and assessment of the offender file a statement that states that there no longer is a likelihood that the offender will engage in the future in a sexually violent offense.
(B)(1) Before a court holds a hearing pursuant to division (A) of this section, the court shall provide notice of the date, time, place, and purpose of the hearing to the offender, the prosecuting attorney, the department of rehabilitation and correction, and the adult parole authority and shall request the department to prepare pursuant to section 5120.61 of the Revised Code an update of the most recent risk assessment and report relative to the offender. The offender has the right to be present at any hearing held under this section. At the hearing, the offender and the prosecuting attorney may make a statement and present evidence as to whether the requirement that the offender serve the entire prison term in a state correctional institution should or should not be modified, whether the existing modification of the requirement should be continued, revised, or revoked, and whether the prison term should or should not be terminated.
(2) At a hearing held pursuant to division (A) of this section, the court may and, if the hearing is held pursuant to division (A)(1)(a), (1)(b), or (3)(c) of this section, shall determine by clear and convincing evidence whether the offender is unlikely to commit a sexually violent offense in the future.
(3) At the conclusion of the hearing held pursuant to division (A) of this section, the court may order that the requirement that the offender serve the entire prison term in a state correctional institution be continued, that the requirement be modified pursuant to division (C) of this section, that an existing modification be continued, revised, or revoked pursuant to division (C) of this section, or that the prison term be terminated pursuant to division (D) of this section.
(C)(1) If, at the conclusion of a hearing held pursuant to
division
(A) of this section, the court determines by clear and
convincing
evidence that the offender will not represent a
substantial
risk of physical harm to others, the court may modify
the requirement that the
offender serve the entire prison term
imposed under division (A)(3), (B)(1)(a), (b), or (c), or
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code in a state correctional institution in
a
manner that the court considers appropriate. If the court
modifies the requirement for an offender whose prison term was
imposed pursuant to division (A)(3) of section 2971.03 of the
Revised Code, the court shall order the adult parole authority to
supervise the offender and shall require that the authority's
supervision of the offender be pursuant to division (E) of this
section. If the court modifies the requirement for an offender
whose prison term was imposed pursuant to division (B)(1)(a), (b),
or (c) or, (2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code, the court shall order the
adult parole authority to supervise the offender and may require
that the authority's supervision of the offender be pursuant to
division (E) of this section.
(2) The modification of the requirement does not terminate the prison term but serves only to suspend the requirement that the offender serve the entire term in a state correctional institution. The prison term shall remain in effect for the offender's entire life unless the court terminates the prison term pursuant to division (D) of this section. The offender shall remain under the jurisdiction of the court for the offender's entire life unless the court so terminates the prison term. The modification of the requirement does not terminate the classification of the offender, as described in division (F) of section 2971.03 of the Revised Code, as a sexual predator for purposes of Chapter 2950. of the Revised Code, and the offender is subject to supervision, including supervision under division (E) of this section if the court required the supervision of the offender to be pursuant to that division.
(3) If the court revokes the modification under consideration, the court shall order that the offender be returned to the custody of the department of rehabilitation and correction to continue serving the prison term to which the modification applied, and section 2971.06 of the Revised Code applies regarding the offender.
(D)(1) If, at the conclusion of a hearing held pursuant to
division (A) of this section, the court determines by clear and
convincing evidence that the offender is unlikely to commit a
sexually violent offense in the future, the court may
terminate
the offender's prison term imposed under division
(A)(3),
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or (B)(3)(a),
(b), (c), or (d) of section 2971.03 of the Revised Code, subject
to the offender
satisfactorily
completing the period of
conditional release required by this division and, if applicable,
compliance with division (E) of this section. If
the court
terminates the prison term, the court shall place the offender on
conditional release for five years, notify the adult parole
authority of its
determination and of the termination of the
prison term, and order the adult
parole authority to supervise the
offender during the five-year period of
conditional release or, if
division (E) applies to the offender, to supervise the offender
pursuant to and for the period of time specified in that division.
If the court terminates the prison term for an offender whose
prison term was imposed pursuant to division (A)(3) of section
2971.03 of the Revised Code, the court shall require that the
authority's supervision of the offender be pursuant to division
(E) of this section. If the court terminates the prison term for
an offender whose prison term was imposed pursuant to division
(B)(1)(a), (b), or (c) or, (2)(a), (b), or (c), or (3)(a), (b),
(c), or (d) of section 2971.03 of the Revised Code, the court may
require that the authority's supervision of the offender be
pursuant to division (E) of this section. Upon receipt of a notice
from a court pursuant to this
division, the
adult parole authority
shall supervise the offender who is the subject of the
notice
during the five-year period of conditional release, periodically
notify
the court of the offender's activities
during that
five-year period of conditional release, and file with the court
no later than thirty days prior to the expiration of the five-year
period of
conditional release a written recommendation as to
whether the termination of
the offender's prison term should be
finalized, whether the period of
conditional release should be
extended, or whether another type of action
authorized pursuant to
this chapter should be taken.
(2) Upon receipt of a recommendation of the adult parole authority filed pursuant to division (D)(1) of this section, the court shall hold a hearing to determine whether to finalize the termination of the offender's prison term, to extend the period of conditional release, or to take another type of action authorized pursuant to this chapter. The court shall hold the hearing no later than the date on which the five-year period of conditional release terminates and shall provide notice of the date, time, place, and purpose of the hearing to the offender and to the prosecuting attorney. At the hearing, the offender, the prosecuting attorney, and the adult parole authority employee who supervised the offender during the period of conditional release may make a statement and present evidence.
If the court determines at the hearing to extend an offender's period of conditional release, it may do so for additional periods of one year in the same manner as the original period of conditional release, and, except as otherwise described in this division, all procedures and requirements that applied to the original period of conditional release apply to the additional period of extended conditional release unless the court modifies a procedure or requirement. If an offender's period of conditional release is extended as described in this division, all references to a five-year period of conditional release that are contained in division (D)(1) of this section shall be construed, in applying the provisions of that division to the extension, as being references to the one-year period of the extension of the conditional release.
If the court determines at the hearing to take another type of action authorized pursuant to this chapter, it may do so in the same manner as if the action had been taken at any other stage of the proceedings under this chapter. As used in this division, "another type of action" includes the revocation of the conditional release and the return of the offender to a state correctional institution to continue to serve the prison term.
If the court determines at the hearing to finalize the termination of the offender's prison term, it shall notify the department of rehabilitation and correction, the department shall enter into its records a final release and issue to the offender a certificate of final release, and the prison term thereafter shall be considered completed and terminated in every way.
(3) The termination of an offender's prison term pursuant to
division (D)(1) or (2) of this
section does not affect the
classification of the
offender, as described in division
(F) of
section 2971.03 of the Revised Code, as a sexual predator tier III
sex offender/child-victim offender for
purposes of Chapter 2950.
of the Revised Code, does not terminate the adult parole
authority's supervision of the offender, and, if the court had
required the supervision of the offender to be pursuant to
division (E) of this section, does not terminate the supervision
of the offender with an active global positioning system device,
pursuant to that division. The classification of the offender as a
sexual predator is permanent and continues until the offender's
death as described in division (D)(2) of section 2950.09 of the
Revised Code.
(E) If a prison term imposed upon an offender pursuant to
division (A)(3) of section 2971.03 of the Revised Code is modified
as provided in division (C) of this section or terminated as
provided in division (D) of this section, the adult parole
authority shall supervise the offender with an active global
positioning system device during any time period in which the
offender is not incarcerated in a state correctional institution.
If a prison term imposed upon an offender pursuant to division
(B)(1)(a), (b), or (c) or, (2)(a), (b), or (c), or (3)(a), (b),
(c), or (d) of section 2971.03 of the Revised Code is modified as
provided in division (C) of this section or terminated as provided
in division (D) of this section, and if the court requires that
the adult parole authority's supervision of the offender be
pursuant to this division, the authority shall supervise the
offender with an active global positioning system device during
any time period in which the offender is not incarcerated in a
state correctional institution. If the adult parole authority is
required to supervise the offender with an active global
positioning system device as described in this division, unless
the court removes the offender's classification as a sexually
violent predator regarding an offender whose prison term was
imposed under division (A)(3) of section 2971.03 of the Revised
Code or terminates the requirement that supervision of the
offender be pursuant to this division regarding an offender whose
prison term was imposed under division (B)(1)(a), (b), or (c) or,
(2)(a), (b), or (c), or (3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code, the offender is subject to
supervision with an active global positioning system pursuant to
this division for the offender's entire life. The costs of
administering the supervision of offenders with an active global
positioning system device pursuant to this division shall be paid
out of funds from the reparations fund, created pursuant to
section 2743.191 of the Revised Code. This division shall only
apply to a sexually violent predator sentenced pursuant to
division (A)(3) of section 2971.03 of the Revised Code who is
released from the custody of the department of rehabilitation and
correction on or after September 29, 2005, or an offender
sentenced pursuant to division (B)(1) or (2) of section 2971.03 of
the Revised Code on or after the effective date of this amendment
January 2, 2007.
Sec. 2971.06. If an offender is serving a prison term
imposed under division (A)(3), (B)(1)(a), (b), or (c), or
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code, if, pursuant to section 2971.05 of
the Revised Code, the court
modifies the requirement
that the
offender serve the entire prison term in a state correctional
institution or places the offender on conditional release,
and if,
at any time after the offender has been
released from serving the
term in an institution, the department
of rehabilitation and
correction or the prosecuting attorney
learns or obtains
information indicating that the offender has violated a term or
condition of the modification or conditional release or believes
there is a
substantial likelihood that the offender has committed
or is about to commit
a sexually violent offense, all of the
following apply:
(A) The department or the prosecuting attorney may contact a peace officer, parole officer, or probation officer and request the officer to take the offender into custody. If the department contacts a peace officer, parole officer, or probation officer and requests that the offender be taken into custody, the department shall notify the prosecuting attorney that it made the request and shall provide the reasons for which it made the request. Upon receipt of a request that an offender be taken into custody, a peace officer, parole officer, or probation officer shall take the offender in question into custody and promptly shall notify the department and the prosecuting attorney, in writing, that the offender was taken into custody. After the offender has been taken into custody, the department or the prosecuting attorney shall notify the court of the violation or the belief that there is a substantial likelihood that the offender has committed or is about to commit a sexually violent offense, and the prosecuting attorney may request that the court, pursuant to section 2971.05 of the Revised Code, revise the modification. An offender may be held in custody under this provision for no longer than thirty days, pending a determination pursuant to section 2971.05 of the Revised Code of whether the modification of the requirement that the offender serve the entire prison term in a state correctional institution should be revised. If the court fails to make a determination under that section regarding the prosecuting attorney's request within thirty days after the offender was taken into custody, the offender shall be released from custody and shall be subject to the same terms and conditions as existed under the then-existing modification of the requirement that the offender serve the entire prison term in a state correctional institution, provided that if the act that resulted in the offender being taken into custody under this division is a criminal offense and if the offender is arrested for that act, the offender may be retained in custody in accordance with the applicable law.
(B) If the offender is not taken into custody pursuant to division (A) of this section, the department or the prosecuting attorney shall notify the court of the known or suspected violation or of the belief that there is a substantial likelihood that the offender has committed or is about to commit a sexually violent offense. If the department provides the notification to the court, it also shall notify the prosecuting attorney that it provided the notification and shall provide the reasons for which it provided the notification. The prosecuting attorney may request that the court, pursuant to section 2971.05 of the Revised Code, revise the modification.
Sec. 2971.07. (A) This chapter does not apply to any offender unless the offender is one of the following:
(1) The offender is convicted of or
pleads guilty to a
violent sex offense and also is convicted of
or pleads guilty to a
sexually violent predator specification
that was included in the
indictment, count in the indictment, or
information charging that
offense, unless the.
(2) The offender is
convicted of or pleads guilty to a
designated homicide, assault, or kidnapping
offense and also is
convicted of or pleads guilty
to both a sexual motivation
specification and a sexually violent
predator specification that
were included in the indictment,
count in the indictment, or
information charging that offense, unless the.
(3) The offender is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after the effective date of this amendment
January 2, 2007, and the court does not sentence the offender to a
term of life without parole pursuant to division (B) of section
2907.02 of the Revised Code or division (B) of that section
prohibits the court from sentencing the offender pursuant to
section 2971.03 of the Revised Code, or unless the.
(4) The offender is convicted of or pleads guilty to
attempted rape committed on or after the effective date of this
amendment January 2, 2007, and also is convicted of or pleads
guilty to a specification of the type described in section
2941.1418, 2941.1419, or 2941.1420 of the Revised Code.
(5) The offender is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code and also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging that offense, and that section requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(6) The offender is convicted of or pleads guilty to aggravated murder and also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging that offense, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires a court to sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code.
(7) The offender is convicted of or pleads guilty to murder and also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging that offense, and division (B)(2) of section 2929.02 of the Revised Code requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(B) This chapter does not limit or affect a
court that
sentences an offender who is convicted of or pleads
guilty to a
violent sex offense and also is convicted of or
pleads guilty to a
sexually violent predator specification, a
court that sentences an
offender who is convicted of or pleads
guilty to a designated
homicide, assault, or kidnapping offense
and also is convicted of
or pleads guilty to both a sexual
motivation specification and a
sexually violent predator
specification, a court that sentences an
offender who is convicted of or pleads guilty to a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after the effective date of this amendment
pursuant to section 2971.03 of the Revised Code, or a court that
sentences an offender who is convicted of or pleads guilty to
attempted rape committed on or after the effective date of this
amendment and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code in imposing upon the
an offender described in divisions (A)(1) to (9) of this section
any
financial sanction under section 2929.18
or any other section
of the Revised Code, or, except
as specifically provided in this
chapter,
any other sanction that is authorized or required for the
offense or violation
by any other provision of law.
(C) If an offender is sentenced to a prison term under
division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised Code and if, pursuant to section 2971.05 of the Revised
Code, the court modifies
the
requirement that the offender serve
the entire prison term in a state correctional institution or
places the
offender on conditional release that involves the
placement of the offender
under the supervision of the adult
parole authority, authorized field officers
of the authority who
are engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the person
of the
offender, the place of residence of the offender, and a
motor vehicle, another
item of tangible or intangible personal
property, or any other real property
in which the offender has the
express or implied permission of a person with a
right, title, or
interest to use, occupy, or possess if the field officer has
reasonable grounds to believe that the offender is not abiding by
the law or
otherwise is not complying with the terms and
conditions of the offender's
modification or release. The
authority shall provide each offender with a
written notice that
informs the offender that authorized field officers of the
authority who are engaged within the scope of their supervisory
duties or
responsibilities may conduct those types of searches
during the period of the
modification or release if they have
reasonable grounds to believe that the
offender is not abiding by
the law or otherwise is not complying with the
terms and
conditions of the offender's modification or release.
Sec. 5120.49. The department of rehabilitation and
correction, by rule adopted under Chapter 119. of the
Revised
Code, shall prescribe standards and
guidelines to be used by the
parole board in determining,
pursuant to section 2971.04 of the
Revised Code,
whether it should terminate its control over an
offender's
service of a prison term imposed upon the offender
under
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised Code for conviction of or a plea of guilty to a violent
sex offense and a sexually violent predator specification or for
conviction of or a plea of guilty to a designated homicide,
assault, or kidnapping offense and both a sexual motivation
specification and a sexually violent predator specification,
imposed upon the offender under division (B)(1)(a), (b), or (c) of
section 2971.03 of the Revised Code for conviction of or a plea of
guilty to a violation of division (A)(1)(b) of section 2907.02 of
the Revised Code committed on or after the effective date of this
amendment, or imposed upon the offender under division (B)(2)(a),
(b), or (c) of section 2971.03 of the Revised Code for conviction
of or a plea of guilty to attempted rape committed on or after the
effective date of this amendment and a conviction of or plea of
guilty to a specification of the type described in section
2941.1418, 2941.1419, or 2941.1420 of the Revised Code. The rules
shall include
provisions that specify that the parole board may
not terminate
its control over an offender's service of a prison
term
imposed upon the offender under either any of the specified
divisions until after the offender has
served the
minimum term
imposed as part of that prison term and until the parole board
has
determined that the offender does not represent a
substantial risk
of physical harm to others.
Sec. 5120.61. (A)(1) Not later than ninety days after
January 1, 1997, the department of rehabilitation and
correction
shall adopt standards that it will use under this section to
assess
a the following criminal offenders and may periodically
revise the standards:
(a) A criminal offender who is convicted of or pleads guilty
to
a violent sex offense or designated homicide, assault, or
kidnapping offense and is adjudicated a
sexually violent predator
in relation to that offense,;
(b) A criminal offender who is convicted of or pleads guilty
to a violation of division (A)(1)(b) of section 2907.02 of the
Revised Code committed on or after the effective date of this
amendment January 2, 2007, and either who is sentenced under
section 2971.03 of the Revised Code or upon whom a sentence of
life without parole is imposed under division (B) of section
2907.02 of the Revised Code, or;
(c) A criminal offender who is convicted of or pleads guilty
to attempted rape committed on or after the effective date of this
amendment January 2, 2007, and a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code;
(d) A criminal offender who is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code and also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging that offense, and who is sentenced pursuant to section 2971.03 of the Revised Code;
(e) A criminal offender who is convicted of or pleads guilty to aggravated murder and also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging that offense, and who pursuant to division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code is sentenced pursuant to division (B)(3) of section 2971.03 of the Revised Code;
(f) A criminal offender who is convicted of or pleads guilty
to murder and also is convicted of or pleads guilty to a sexual
motivation specification that was included in the indictment,
count in the indictment, or information charging that offense, and
who pursuant to division (B)(2) of section 2929.02 of the Revised
Code is sentenced pursuant to section 2971.03 of the Revised Code.
The department
may periodically revise the standards.
(2) When the department is requested by the parole board or
the court to
provide a risk assessment report of the offender
under section 2971.04 or
2971.05 of the Revised Code, it shall
assess the offender
and complete the assessment as soon as
possible after
the offender has commenced serving the prison term
or term of life
imprisonment without parole imposed
under division
(A), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised
Code. Thereafter, the
department shall update a risk assessment
report pertaining to
an offender as follows:
(a) Periodically, in the discretion of the department, provided that each report shall be updated no later than two years after its initial preparation or most recent update;
(b) Upon the request of the parole board for use in
determining
pursuant to section 2971.04 of the Revised Code
whether it should terminate
its control over an offender's service
of a prison term imposed upon
the offender under division (A)(3),
(B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or (B)(3)(a),
(b), (c), or (d) of section 2971.03 of the Revised Code;
(c) Upon the request of the court.
(3) After the department of rehabilitation and correction assesses an offender pursuant to division (A)(2) of this section, it shall prepare a report that contains its risk assessment for the offender or, if a risk assessment report previously has been prepared, it shall update the risk assessment report.
(4) The department of rehabilitation and correction shall provide each risk assessment report that it prepares or updates pursuant to this section regarding an offender to all of the following:
(a) The parole board for its use in determining pursuant to
section 2971.04 of the Revised Code whether it
should terminate
its control over an offender's
service of a prison term imposed
upon the offender under division
(A)(3), (B)(1)(a), (b), or (c),
or (B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code, if the parole board has not
terminated its control over the offender;
(b) The court for use in determining, pursuant to section
2971.05
of the Revised Code, whether to modify the requirement
that the offender serve
the entire prison term
imposed upon the
offender under division (A)(3), (B)(1)(a), (b), or (c), or
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03
of the Revised Code in a state correctional institution,
whether to revise any
modification previously made, or whether to
terminate the prison term;
(c) The prosecuting attorney who prosecuted the case, or the successor in office to that prosecuting attorney;
(d) The offender.
(B) When the department of rehabilitation and correction provides a risk assessment report regarding an offender to the parole board or court pursuant to division (A)(4)(a) or (b) of this section, the department, prior to the parole board's or court's hearing, also shall provide to the offender or to the offender's attorney of record a copy of the report and a copy of any other relevant documents the department possesses regarding the offender that the department does not consider to be confidential.
(C) As used in this section:
(1) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section.
(2) "Designated homicide, assault, or kidnapping offense" and "violent sex offense" have the same meanings as in section 2971.01 of the Revised Code.
Sec. 5120.66. (A) Within ninety days after November 23, 2005, but not before January 1, 2006, the department of rehabilitation and correction shall establish and operate on the internet a database that contains all of the following:
(1) For each inmate in the custody of the department under a sentence imposed for a conviction of or plea of guilty to any offense, all of the following information:
(a) The inmate's name;
(b) For each offense for which the inmate was sentenced to a prison term or term of imprisonment and is in the department's custody, the name of the offense, the Revised Code section of which the offense is a violation, the gender of each victim of the offense if those facts are known, whether each victim of the offense was an adult or child if those facts are known, the range of the possible prison terms or term of imprisonment that could have been imposed for the offense, the actual prison term or term of imprisonment imposed for the offense, the county in which the offense was committed, the date on which the inmate began serving the prison term or term of imprisonment imposed for the offense, and either the date on which the inmate will be eligible for parole relative to the offense if the prison term or term of imprisonment is an indefinite term or life term or the date on which the term ends if the prison term is a definite term;
(c) All of the following information that is applicable regarding the inmate:
(i) If known to the department prior to the conduct of any hearing for judicial release of the defendant pursuant to section 2929.20 of the Revised Code in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the fact that the inmate will be having a hearing regarding a possible grant of judicial release, the date of the hearing, and the right of any person pursuant to division (J) of that section to submit to the court a written statement regarding the possible judicial release;
(ii) If the inmate is serving a prison term pursuant to
division (A)(3), (B)(1)(a), (b), or (c), (B)(2)(a), (b), or (c),
or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised
Code as a sexually violent predator who committed a sexually
violent offense, a prison term pursuant to division (B)(1)(a),
(b), or (c) of section 2971.03 of the Revised Code imposed for a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after the effective date of this amendment, a
prison term pursuant to division (B)(2)(a) of section 2971.03 of
the Revised Code imposed for attempted rape committed on or after
the effective date of this amendment and a specification of the
type described in section 2941.1418 of the Revised Code, a prison
term pursuant to division (B)(2)(b) of section 2971.03 of the
Revised Code imposed for attempted rape committed on or after the
effective date of this amendment and a specification of the type
described in section 2941.1419 of the Revised Code, or a prison
term pursuant to division (B)(2)(c) of section 2971.03 of the
Revised Code imposed for attempted rape committed on or after the
effective date of this amendment and a specification of the type
described in section 2941.1420 of the Revised Code, prior to the
conduct of any hearing pursuant to section 2971.05 of the Revised
Code to determine whether to modify the requirement that the
inmate serve the entire prison term in a state correctional
facility in accordance with division (C) of that section, whether
to continue, revise, or revoke any existing modification of that
requirement, or whether to terminate the prison term in accordance
with division (D) of that section, notice of the fact that the
inmate will be having a hearing regarding those determinations and
of the date of the hearing;
(iii) At least three weeks before the adult parole authority recommends a pardon or commutation of sentence for the inmate or at least three weeks prior to a hearing before the adult parole authority regarding a grant of parole to the inmate in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the fact that the inmate might be under consideration for a pardon or commutation of sentence or will be having a hearing regarding a possible grant of parole, of the date of any hearing regarding a possible grant of parole, and of the right of any person to submit a written statement regarding the pending action;
(iv) At least three weeks before the inmate has a hearing regarding a transfer to transitional control under section 2967.26 of the Revised Code in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the pendency of the transfer, of the date of the possible transfer, and of the right of any person to submit a statement regarding the possible transfer;
(v) Prompt notice of the inmate's escape from any facility in which the inmate was incarcerated and of the capture of the inmate after an escape;
(vi) Notice of the inmate's death while in confinement;
(vii) Prior to the release of the inmate from confinement, notice of the fact that the inmate will be released, of the date of the release, and, if applicable, of the standard terms and conditions of the release;
(viii) Notice of the inmate's judicial release.
(2) Information as to where a person can send written statements of the types referred to in divisions (A)(1)(c)(i), (iii), and (iv) of this section.
(B)(1) The department shall update the database required under division (A) of this section every twenty-four hours to ensure that the information it contains is accurate and current.
(2) The database required under division (A) of this section is a public record open for inspection under section 149.43 of the Revised Code. The department shall make the database searchable by inmate name and by the county and zip code where the offender intends to reside after release from a state correctional institution if this information is known to the department.
(3) The database required under division (A) of this section may contain information regarding inmates who are listed in the database in addition to the information described in that division.
(4) No information included on the database required under division (A) of this section shall identify or enable the identification of any victim of any offense committed by an inmate.
(C) The failure of the department to comply with the requirements of division (A) or (B) of this section does not give any rights or any grounds for appeal or post-conviction relief to any inmate.
(D) This section, and the related provisions of sections 2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted in the act in which this section was enacted, shall be known as "Laura's Law."
Sec. 5139.13. (A) The department of youth services shall do all of the following:
(1) Control and manage all institutions for the rehabilitation of delinquent children and youthful offenders that are operated by the state, except where the control and management of an institution is vested by law in another agency;
(2) Provide treatment and training for children committed
to
the department and assigned by the department to various
institutions under its control and management, including, but not
limited to, for a child committed to it for an
act that is either
a
sexually oriented offense that is not a registration-exempt
sexually oriented offense or a child-victim oriented offense,
treatment that is appropriate for a
child who commits an act that
is a sexually oriented offense that is not a registration-exempt
sexually oriented offense or a child-victim oriented offense and
that is intended to ensure that the child does not commit any
subsequent act that is a sexually oriented offense or a
child-victim oriented offense;
(3) Establish and maintain appropriate reception centers for the reception of children committed to the department and employ competent persons to have charge of those centers and to conduct investigations;
(4) Establish and maintain any other facilities necessary for the training, treatment, and rehabilitation of children committed to the department.
(B) As used in this section, "sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
Sec. 5149.10. (A) The parole board shall consist of up to twelve members, one of whom shall be designated as chairperson by the director of the department of rehabilitation and correction and who shall continue as chairperson until a successor is designated, and any other personnel that are necessary for the orderly performance of the duties of the board. In addition to the rules authorized by section 5149.02 of the Revised Code, the chief of the adult parole authority, subject to the approval of the chief of the division of parole and community services and subject to this section, shall adopt rules governing the proceedings of the parole board. The rules shall provide for the convening of full board hearings, the procedures to be followed in full board hearings, and general procedures to be followed in other hearings of the board and by the board's hearing officers. The rules also shall require agreement by a majority of all the board members to any recommendation of clemency transmitted to the governor.
When the board members sit as a full board, the chairperson shall preside. The chairperson shall also allocate the work of the parole board among the board members. The full board shall meet at least once each month. In the case of a tie vote on the full board, the chief of the adult parole authority shall cast the deciding vote. The chairperson may designate a person to serve in the chairperson's place.
Except as otherwise provided in division (B) of this section, no person shall be appointed a member of the board who is not qualified by education or experience in correctional work, including law enforcement, prosecution of offenses, advocating for the rights of victims of crime, probation, or parole, in law, in social work, or in a combination of the three categories.
(B) The director of rehabilitation and correction, in consultation with the governor, shall appoint one member of the board, who shall be a person who has been a victim of crime or who is a member of a victim's family or who represents an organization that advocates for the rights of victims of crime. After appointment, this member shall be an unclassified employee of the department of rehabilitation and correction.
The initial appointment shall be for a term ending four years
after the
effective date of this amendment July 1, 1996.
Thereafter, the term
of office of the
member appointed
under this
division shall be for
four years, with each term ending on the
same
day of the same
month as did the term that it succeeds. The
member
shall hold
office from the date of appointment until the
end of the term for
which the member was appointed and
may be
reappointed. Vacancies
shall be filled in the manner provided for
original appointments.
Any member appointed under this division to
fill a
vacancy
occurring prior to the expiration date of the term
for which the
member's
predecessor was appointed shall hold office
as a member
for the remainder of
that term. The member appointed
under this
division shall continue in office
subsequent to the
expiration
date of the member's term until the member's
successor
takes
office or until a period of sixty days has elapsed,
whichever
occurs first.
The member appointed under this division shall be compensated in the same manner as other board members and shall be reimbursed for actual and necessary expenses incurred in the performance of the members' duties. The member may vote on all cases heard by the full board under section 5149.101 of the Revised Code, has such duties as are assigned by the chairperson of the board, and shall coordinate the member's activities with the office of victims' services created under section 5120.60 of the Revised Code.
As used in this division, "crime," "member of the victim's family," and "victim" have the meanings given in section 2930.01 of the Revised Code.
(C) The chairperson shall submit all recommendations for or against clemency directly to the governor.
(D) The chairperson shall transmit to the chief of the adult parole authority all determinations for or against parole made by the board. Parole determinations are final and are not subject to review or change by the chief.
(E) In addition to its duties pertaining to parole and
clemency,
if an offender is sentenced to a prison term pursuant to
division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of section 2971.03 of the
Revised Code, the parole
board shall have
control over the
offender's service of
the prison
term during the entire term
unless the board terminates
its
control in accordance with section
2971.04
of the Revised
Code.
The parole board may
terminate its
control over the
offender's
service of the prison term
only in
accordance with
section 2971.04
of the Revised Code.
Sec. 5321.01. As used in this chapter:
(A) "Tenant" means a person entitled under a rental agreement to the use and occupancy of residential premises to the exclusion of others.
(B) "Landlord" means the owner, lessor, or sublessor of residential premises, the agent of the owner, lessor, or sublessor, or any person authorized by the owner, lessor, or sublessor to manage the premises or to receive rent from a tenant under a rental agreement.
(C) "Residential premises" means a dwelling unit for residential use and occupancy and the structure of which it is a part, the facilities and appurtenances in it, and the grounds, areas, and facilities for the use of tenants generally or the use of which is promised the tenant. "Residential premises" includes a dwelling unit that is owned or operated by a college or university. "Residential premises" does not include any of the following:
(1) Prisons, jails, workhouses, and other places of incarceration or correction, including, but not limited to, halfway houses or residential arrangements that are used or occupied as a requirement of a community control sanction, a post-release control sanction, or parole;
(2) Hospitals and similar institutions with the primary purpose of providing medical services, and homes licensed pursuant to Chapter 3721. of the Revised Code;
(3) Tourist homes, hotels, motels, recreational vehicle parks, recreation camps, combined park-camps, temporary park-camps, and other similar facilities where circumstances indicate a transient occupancy;
(4) Elementary and secondary boarding schools, where the cost of room and board is included as part of the cost of tuition;
(5) Orphanages and similar institutions;
(6) Farm residences furnished in connection with the rental of land of a minimum of two acres for production of agricultural products by one or more of the occupants;
(7) Dwelling units subject to sections 3733.41 to 3733.49 of the Revised Code;
(8) Occupancy by an owner of a condominium unit;
(9) Occupancy in a facility licensed as an SRO facility pursuant to Chapter 3731. of the Revised Code, if the facility is owned or operated by an organization that is exempt from taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or group of entities in which such an organization has a controlling interest, and if either of the following applies:
(a) The occupancy is for a period of less than sixty days.
(b) The occupancy is for participation in a program operated by the facility, or by a public entity or private charitable organization pursuant to a contract with the facility, to provide either of the following:
(i) Services licensed, certified, registered, or approved by a governmental agency or private accrediting organization for the rehabilitation of mentally ill persons, developmentally disabled persons, adults or juveniles convicted of criminal offenses, or persons suffering from substance abuse;
(ii) Shelter for juvenile runaways, victims of domestic violence, or homeless persons.
(10) Emergency shelters operated by organizations exempt from federal income taxation under section 501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended, for persons whose circumstances indicate a transient occupancy, including homeless people, victims of domestic violence, and juvenile runaways.
(D) "Rental agreement" means any agreement or lease, written or oral, which establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of residential premises by one of the parties.
(E) "Security deposit" means any deposit of money or property to secure performance by the tenant under a rental agreement.
(F) "Dwelling unit" means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
(G) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(H) "Student tenant" means a person who occupies a dwelling unit owned or operated by the college or university at which the person is a student, and who has a rental agreement that is contingent upon the person's status as a student.
(I) "Recreational vehicle park," "recreation camp," "combined park-camp," and "temporary park-camp" have the same meanings as in section 3729.01 of the Revised Code.
(J) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code.
(K) "Post-release control sanction" has the same meaning as in section 2967.01 of the Revised Code.
(L) "School premises" has the same meaning as in section 2925.01 of the Revised Code.
(M) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(N) "Preschool or child day-care center premises" has the the same meaning as in section 2950.034 of the Revised Code.
Sec. 5321.03. (A) Notwithstanding section 5321.02 of the Revised Code, a landlord may bring an action under Chapter 1923. of the Revised Code for possession of the premises if:
(1) The tenant is in default in the payment of rent;
(2) The violation of the applicable building, housing, health, or safety code that the tenant complained of was primarily caused by any act or lack of reasonable care by the tenant, or by any other person in the tenant's household, or by anyone on the premises with the consent of the tenant;
(3) Compliance with the applicable building, housing, health, or safety code would require alteration, remodeling, or demolition of the premises which would effectively deprive the tenant of the use of the dwelling unit;
(4) A tenant is holding over the tenant's term.
(5) The residential premises are located within one thousand feet of any school premises or preschool or child day-care center premises, and both of the following apply regarding the tenant or other occupant who resides in or occupies the premises:
(a) The tenant's or other occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that the
tenant or other occupant was
convicted of or pleaded guilty to either a sexually oriented
offense that is not a registration-exempt sexually oriented
offense or a child-victim oriented offense in a criminal
prosecution and was not sentenced to a
serious youthful offender
dispositional sentence for that offense.
(B) The maintenance of an action by the landlord under this section does not prevent the tenant from recovering damages for any violation by the landlord of the rental agreement or of section 5321.04 of the Revised Code.
(C) This section does not apply to a dwelling unit occupied by a student tenant.
Sec. 5321.051. (A)(1) No tenant of any residential premises located within one thousand feet of any school premises or preschool or child day-care center premises shall allow any person to occupy those residential premises if both of the following apply regarding the person:
(a) The person's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the person was convicted of or pleaded guilty to either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a serious youthful offender dispositional sentence for that offense.
(2)
If a tenant allows occupancy in violation of this section
or a person establishes a residence or occupies residential
premises in violation of section
2950.031 2950.034 of the Revised
Code, the landlord for
the residential
premises that are the
subject of the rental
agreement or other
tenancy may terminate the
rental agreement or other tenancy of the
tenant and all other
occupants.
(B) If a landlord is authorized to terminate a rental agreement or other tenancy pursuant to division (A) of this section but does not so terminate the rental agreement or other tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly results from that decision.
SECTION 2. That existing sections 109.42, 109.57, 311.171, 1923.01, 1923.02, 2151.23, 2151.357, 2152.02, 2152.19, 2152.191, 2152.22, 2152.82, 2152.821, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07, 2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02, 2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06, 2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01, 2950.02, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2953.32, 2967.12, 2967.121, 2971.01, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, 5139.13, 5149.10, 5321.01, 5321.03, and 5321.051 and sections 2152.811, 2950.021, 2950.09, and 2950.091 of the Revised Code are hereby repealed.
SECTION 3. The amendments to sections 109.42, 109.57, 311.171, 2151.23, 2152.02, 2152.19, 2152.191, 2152.22, 2152.82, 2152.821, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07, 2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02, 2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06, 2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01, 2950.02, 2950.03, 2950.04, 2950.041, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2967.12, 2967.121, 2971.01, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, 5139.13, and 5149.10 of the Revised Code that are made by Sections 1 and 2 of this act, the enactment of sections 2152.831, 2152.86, 2950.011, 2950.15, and 2950.16 of the Revised Code by Section 1 of the act, and the repeal of sections 2152.811, 2950.021, 2950.09, and 2950.091 of the Revised Code by Section 2 of this act shall take effect on January 1, 2008.
The amendments to sections 1923.01, 1923.02, 2151.357, 2950.031, 2953.32, 5321.01, 5321.03, and 5321.051 of the Revised Code that are made by Sections 1 and 2 of this act and the enactment of sections 2950.032, 2950.033, 2950.042, 2950.043, and 2950.131 and new section 2950.031 of the Revised Code by Section 1 of this act shall take effect on July 1, 2007.
SECTION 4. Sections 1 to 3 of this act shall take effect on July 1, 2007.
SECTION 5. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that the changes to the state's Sex Offender Registration and Notification Law made by this act are crucially needed to provide increased protection and security for the state's residents from persons who have been convicted of, or found to be delinquent children for committing, a sexually oriented offense or a child-victim oriented offense and to conform that Law by July 1, 2007, to recently enacted requirements of federal law. Therefore this act shall take immediate effect.
SECTION 6. Section 2907.01 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 23 and Am. Sub. H.B. 95 of the 126th General Assembly. Section 2929.01 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 461 and Am. Sub. S.B. 260 of the 126th General Assembly. Section 2929.13 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. H.B. 461, Am. Sub. S.B. 260, and Sub. S.B. 281 of the 126th General Assembly. Section 2929.14 of the Revised Code is presented in this act as a composite of the section as amended by Am. Sub. H.B. 461, Am. Sub. S.B. 260, and Sub. S.B. 281 all of the 126th General Assembly. Section 2929.19 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 461 and Am. Sub. S.B. 260 of the 126th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composites are the resulting versions of the sections in effect prior to the effective date of the sections as presented in this act.