As Reported by the Senate Judiciary--Criminal Justice Committee
127th General Assembly | Regular Session | 2007-2008 |
| |
Cosponsors:
Senators Carey, Clancy, Faber, Gardner, Goodman, Grendell, Harris, Kearney, Mumper, Niehaus, Padgett, Schaffer, Schuler, Spada, Stivers, Wilson, J.
A BILL
To amend sections 109.42, 109.57, 311.171, 1923.02, 2151.23, 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, 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, 5321.03, and 5321.051; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 2152.821 (2151.811) 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.42, 109.57, 311.171, 1923.02, 2151.23, 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, 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, 5321.03, and 5321.051 be amended, that sections 2152.821 (2151.811) 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;
(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. 1923.02. (A) Proceedings under this chapter may be
had
as follows:
(1) Against tenants or manufactured home park residents
holding over their terms;
(2) Against tenants or manufactured home park residents in
possession under an oral tenancy, who are in default in the
payment of rent as provided in division (B) of this section;
(3) In sales of real estate, on executions, orders, or
other
judicial process, when the judgment debtor was in
possession at
the time of the rendition of the judgment or
decree, by virtue of
which
the sale was made;
(4) In sales by executors, administrators, or guardians,
and
on partition, when any of the parties to the complaint were
in
possession at the commencement of the action, after
the
sales, so made on execution or otherwise, have been examined by
the proper court and adjudged legal;
(5) When the defendant is an occupier of lands or
tenements,
without color of title, and the complainant has the
right of
possession to them;
(6) In any other case of the unlawful and forcible
detention
of lands or tenements. For purposes of this division,
in addition
to any other type of unlawful and forcible detention
of lands or
tenements, such a detention may be determined to
exist when both
of the following apply:
(a) A tenant fails to vacate residential premises within
three days after both of the following occur:
(i)
The tenant's landlord has actual knowledge of or has
reasonable
cause to believe that the tenant, any person in the
tenant's
household, or any person on the premises with the consent
of the
tenant previously has or presently is engaged in a
violation of
Chapter 2925. or 3719. of the Revised Code, or of a
municipal
ordinance that is substantially similar to any section
in either
of those chapters, which involves a controlled substance
and
which occurred in, is occurring in, or otherwise was or is
connected with the premises, whether or not the tenant or other
person has been charged with, has pleaded guilty to or been
convicted of, or has been determined to be a delinquent child for
an act that, if committed by an adult, would be a violation as
described in this division. For purposes of this division, a
landlord has "actual knowledge of or has reasonable cause to
believe" that a tenant, any person in the tenant's household, or
any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as
described
in this division if a search warrant was issued
pursuant to
Criminal Rule 41 or Chapter 2933. of the Revised
Code; the
affidavit presented to obtain the warrant named or
described the
tenant or person as the individual to be searched
and particularly
described the tenant's premises as the place to
be searched, named
or described one or more controlled substances
to be searched for
and seized, stated substantially the offense
under Chapter 2925.
or 3719. of the Revised Code or the
substantially similar
municipal ordinance that occurred in, is
occurring in, or
otherwise was or is connected with the tenant's
premises, and
states the factual basis for the affiant's belief
that the
controlled substances are located on the tenant's
premises; the
warrant was properly executed by a law enforcement
officer and any
controlled substance described in the affidavit
was found by that
officer during the search and seizure; and,
subsequent to the
search and seizure, the landlord was informed
by that or another
law enforcement officer of the fact that the
tenant or person has
or presently is engaged in a violation as
described in this
division and it occurred in, is occurring in,
or otherwise was or
is connected with the tenant's premises.
(ii) The landlord gives the tenant the notice required by
division (C) of section 5321.17 of the Revised Code.
(b) The court determines, by a preponderance of the
evidence, that the tenant, any person in the tenant's household,
or any person on the premises with the consent of the tenant
previously has or presently is engaged in a violation as
described
in division (A)(6)(a)(i) of this section.
(7) In cases arising out of Chapter 5313. of the Revised
Code. In
those cases, the court has the authority to declare
a
forfeiture of the vendee's rights under a land installment
contract and to grant any other claims arising out of the
contract.
(8) Against tenants who have breached an obligation that
is
imposed by section 5321.05 of the Revised Code, other than the
obligation specified in division (A)(9) of that section, and that
materially affects health and safety. Prior to the commencement
of an action under this division, notice shall be given to the
tenant and compliance secured with section 5321.11 of the Revised
Code.
(9) Against tenants who have breached an obligation
imposed
upon them by a written rental agreement;
(10) Against manufactured home park residents who have
defaulted in the payment of rent or breached the terms of a
rental
agreement with a manufactured home park operator. Nothing in
this division precludes the commencement of an action under
division (A)(12) of this section when the additional circumstances
described in that division apply.
(11) Against manufactured home park residents who have
committed two material violations of the rules of the
manufactured
home park, of the public health council, or of
applicable state
and local health and safety codes and who have
been notified of
the violations in compliance with section
3733.13 of the Revised
Code;
(12)
Against a manufactured home park resident, or the estate
of a manufactured home park resident, who has been absent from the
manufactured home park for a period of thirty consecutive days
prior to the commencement of an action under this division and
whose manufactured home or mobile home, or recreational vehicle
that is parked in the manufactured home park, has been left
unoccupied for
that thirty-day period, without notice to the park
operator and
without payment of rent due under the rental
agreement with the
park operator;
(13) Against occupants of self-service storage facilities,
as
defined in division (A) of section 5322.01 of the Revised
Code,
who have breached the terms of a rental agreement or
violated
section 5322.04 of the Revised Code;
(14) Against any resident or occupant who, pursuant to a
rental
agreement, resides in or occupies residential premises located within one thousand feet of any school premises and to
whom both of the
following apply:
(a) The resident's or occupant's name appears
on the
state
registry of
sex offenders and child-victim offenders maintained under section
2950.13 of
the Revised
Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the
resident or occupant was convicted of or pleaded guilty to either a
sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not
sentenced to a
serious youthful offender dispositional sentence
for that offense.
(15) Against any tenant who permits any person to occupy
residential premises located within one thousand feet of
any school premises if both of the following apply to the person:
(a) The person's name appears on the state registry of
sex offenders and child-victim offenders maintained under section 2950.13 of the Revised
Code.
(b) The state registry of sex offenders and child-victim offenders indicates that
the person was convicted of or pleaded guilty to either a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence for that offense.
(B) If a tenant or manufactured home park resident holding
under an oral tenancy is in default in the payment of rent,
the
tenant or resident
forfeits
the right of occupancy, and the
landlord may, at
the landlord's
option, terminate the tenancy
by notifying the tenant
or resident, as
provided in section
1923.04 of the Revised Code, to leave the
premises, for the
restitution of which an action may then be
brought under this
chapter.
(C)(1) If a tenant or any other person with the tenant's
permission resides in or occupies residential premises that are
located
within one thousand feet of any school premises and is a
resident or occupant of
the type described in division (A)(14) of
this section or a person of the type described in division (A)(15)
of this section, the
landlord for those
residential premises, upon
discovery that the
tenant or other person is a resident,
occupant, or person of that nature, may
terminate the rental
agreement or tenancy for those residential premises by
notifying
the tenant and all other occupants,
as provided in section 1923.04
of the
Revised Code, to leave the
premises.
(2) If a landlord is authorized to terminate a rental
agreement or tenancy pursuant to division (C)(1) of this section
but does not
so terminate the rental agreement or tenancy, the landlord
is not liable in a
tort or other civil action in damages for
any injury, death, or loss
to person or property that allegedly result
from that decision.
(D) This chapter does not apply to a student tenant as
defined by division
(H) of section 5321.01 of the Revised Code
when the college or university
proceeds to terminate a rental
agreement pursuant to section 5321.031 of the
Revised Code.
Sec. 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. 2152.821 2151.811. (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. 2152.02. 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, regardless of when the sexually oriented offense or child-victim oriented offense was committed, and 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. 2152.82. (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, regardless of when the sexually oriented offense or child-victim oriented offense was committed.
(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, 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. 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 act that was the basis of the classification of the delinquent child as a juvenile offender registrant 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, regardless of when the sexually oriented offense or child-victim oriented offense was committed.
(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, regardless of when the sexually oriented offense or child-victim oriented offense was committed.
(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, 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. 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) 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 act that was the basis of the classification of the delinquent child as a juvenile offender registrant 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, except as otherwise provided in this division, 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. The court shall not conduct a hearing for the purpose described in this division if federal law requires that the child be classified in a particular tier based on the offense committed. If federal law requires that the child be classified in a particular tier based on the offense committed, the tier classification for the child shall be determined for purposes of sections 2152.82 and 2152.83 of the Revised Code solely by reference to 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 in section 2950.01 of the Revised Code. The court shall conduct the hearing in accordance with the following:
(1) If the child was adjudicated a delinquent child for committing any offense listed in division (E)(1)(a), (b), (c), (d), (e), (f), or (g) of section 2950.01 of the Revised Code or any child-victim oriented offense and the child previously was not adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense, it shall be presumed that the child is a tier I sex offender/child-victim offender. Notwithstanding the presumption, the court may classify the child a tier II sex offender/child-victim offender if the court determines by clear and convincing evidence that the child previously has been 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, and the court may classify the child a tier III sex offender/child-victim offender if the court determines by clear and convincing evidence that the delinquent child is likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses.
(2) If the child was adjudicated a delinquent child for committing any offense listed or described in division (F)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of section 2950.01 of the Revised Code, or if the child was adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense, the sexually oriented offense or child-victim oriented offense was committed after the child previously was adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense, and the child was classified a tier I sex offender/child-victim offender relative to the prior offense, it shall be presumed that the child is a tier II sex offender/child-victim offender. Notwithstanding the presumption, the court may classify the child a tier I sex offender/child-victim offender if the court determines by clear and convincing evidence that the child previously has not been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the child was classified a juvenile offender registrant or out-of-state juvenile offender registrant and is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses, and the court may classify the child a tier III sex offender/child-victim offender if the court determines by clear and convincing evidence that the delinquent child is likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses.
(3) If the child was adjudicated a delinquent child for committing any offense listed or described in division (G)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of section 2950.01 of the Revised Code, or if the child was adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense, the sexually oriented offense or child-victim oriented offense was committed after the child previously was adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense, and the child was classified a tier II sex offender/child-victim offender or a tier III sex offender/child-victim offender relative to the prior offense, it shall be presumed that the child is a tier III sex offender/child-victim offender. Notwithstanding the presumption, the court may classify the child a tier I sex offender/child-victim offender if the court determines by clear and convincing evidence that the child previously has not been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the child was classified a juvenile offender registrant or out-of-state juvenile offender registrant and is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses, and the court may classify the child a tier II sex offender/child-victim offender if the court determines by clear and convincing evidence that the delinquent child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses but previously has been 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.
(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) In making a decision under division (A) of this section as to whether a delinquent child who is classified a juvenile offender registrant pursuant to section 2152.82 or 2152.83 of the Revised Code is likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses, and in making its decision under section 2152.84 or 2152.85 of the Revised Code as to whether a delinquent child who has been classified a juvenile offender registrant and who is under consideration for reclassification from one tier of sex offender/child-victim offender to a different tier of sex offender/child-victim offender should be reclassified, the judge shall consider all relevant factors, including, but not limited to, all of the factors listed in division (D) of section 2152.83 of the Revised Code and all of the following:
(1) The delinquent child's age;
(2) The delinquent child's prior delinquency record regarding all offenses, including, but not limited to, all sexually oriented offenses and child-victim oriented offenses;
(3) The age of the victim of the sexually oriented offense or child-victim oriented offense for which the order of disposition is to be made;
(4) Whether the sexually oriented offense or child-victim oriented offense for which the order of disposition is to be made involved multiple victims;
(5) Whether the delinquent child used drugs or alcohol to impair the victim of the sexually oriented offense or child-victim oriented offense or to prevent the victim from resisting;
(6) If the delinquent child previously has been adjudicated a delinquent child for committing an act that if committed by an adult would be, a criminal offense, whether the delinquent child completed any dispositional order imposed for the prior act and, if the prior act was a sex offense, a sexually oriented offense, or a child-victim oriented offense, whether the delinquent child participated in available programs for sexual offenders or child-victim oriented offenders;
(7) Any mental illness or mental disability of the delinquent child;
(8) If applicable, the nature of the delinquent child's sexual conduct, sexual contact, or interaction in a sexual context with the victim of the sexually oriented offense or child-victim oriented offense and whether the sexual conduct, sexual contact, or interaction in a sexual context was part of a demonstrated pattern of abuse;
(9) Whether the delinquent child, during the commission of the sexually oriented offense or child-victim oriented offense for which the order of disposition is to be made, displayed cruelty or made one or more threats of cruelty;
(10) Any additional behavioral characteristics that contribute to the delinquent child's conduct.
(D) 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, except as otherwise provided in this division, 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. The court shall not consider at the hearing whether to continue or modify the tier classification of the child if federal law requires that the child be classified in a particular tier based on the offense committed. If federal law requires that the child be classified in a particular tier based on the offense committed, the tier classification for the child shall be determined solely by reference to 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 in section 2950.01 of the Revised Code.
(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 and the factors listed in division (C) of section 2152.831 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 only if the court determines by clear and convincing evidence that the child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses. A judge may issue an order under that division that contains a determination that reclassifies a child from a tier III sex offender/child-victim offender classification to a tier I sex offender/child-victim offender classification only if the court determines by clear and convincing evidence that the child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses and either that the child has not previously been adjudicated a delinquent child for committing one or more sexually oriented offenses or child-victim oriented offenses or that the child previously was adjudicated a delinquent child for committing one or more sexually oriented offenses or child-victim oriented offenses but the fact that the child is a repeat offender does not seriously threaten the public interest and safety.
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 to a tier I sex offender/child-victim offender classification only if the court determines by clear and convincing evidence that the child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses and either that the child has not previously been adjudicated a delinquent child for committing one or more sexually oriented offenses or child-victim oriented offenses or that the child previously was adjudicated a delinquent child for committing one or more sexually oriented offenses or child-victim oriented offenses but the fact that the child is a repeat offender does not seriously threaten the public interest and safety. 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, subject to division (H) of this section, 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, regardless of when the sexually oriented offense or child-victim oriented offense was committed, 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, subject to division (H) 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 and the factors listed in division (C) of section 2152.831 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 Subject to division (H) of this section, 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 only if the court determines by clear and convincing evidence that the child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses. A judge may issue an order under that division that contains a determination that reclassifies a child from tier III sex offender/child-victim offender classification to a tier I sex offender/child-victim offender classification only if the court determines by clear and convincing evidence that the child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses and either that the child has not previously been adjudicated a delinquent child for committing one or more sexually oriented offenses or child-victim oriented offenses or that the child previously was adjudicated a delinquent child for committing one or more sexually oriented offenses or child-victim oriented offenses but the fact that the child is a repeat offender does not seriously threaten the public interest and safety.
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 only if the court determines by clear and convincing evidence that the child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses and either that the child has not previously been adjudicated a delinquent child for committing one or more sexually oriented offenses or child-victim oriented offenses or that the child previously was adjudicated a delinquent child for committing one or more sexually oriented offenses or child-victim oriented offenses but the fact that the child is a repeat offender does not seriously threaten the public interest and safety.
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.
(H) The court shall not change the tier classification for any child pursuant to this section if federal law requires that the child be classified in a particular tier based on the offense committed. If federal law requires that the child be classified in a particular tier based on the offense committed, the tier classification for the child shall be determined solely by reference to 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 in section 2950.01 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 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 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 both 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.
(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. A delinquent child may not request, and the court shall not conduct, a hearing for the purpose described in this division if federal law requires that the child be classified a public registry-qualified juvenile offender registrant, or be subject to the duties and sanctions imposed on public registry-qualified juvenile offender registrants, based on the offense committed. If federal law requires that the child be classified a public registry-qualified juvenile offender registrant, or be subject to the duties and sanctions imposed on public registry-qualified juvenile offender registrants, based on the offense committed, the child shall be classified a public registry-qualified juvenile offender registrant solely by reference to the definition of public registry-qualified juvenile offender registrant in section 2950.01 of the Revised Code.
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 child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses.
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) In making a decision under division (D)(1) of this section as to whether a delinquent child is likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses and as to whether the court's classification of the delinquent child as a public registry-qualified juvenile offender registrant should be terminated, the court shall consider all relevant factors, including, but not limited to, all of the factors listed in division (D) of section 2152.83 of the Revised Code and all of the factors identified in division (C) of section 2151.831 of the Revised Code.
(3) An order issued under division (D)(1) of this section is independent of any order of a type described in division (E) or (F) of section 2950.031 or 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 (E) or (F) of section 2950.031 or 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 (E) or (F) of section 2950.031 or 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 intentionally 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 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 under 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 that shall be served pursuant to that section.
(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 under 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 that shall be served pursuant to that section.
(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 that shall be served pursuant to that section.
(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 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,
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
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
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 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 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, 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 or child-victim 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,
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, may contest whether those new registration requirements apply at all to the offender or delinquent child, or may contest the 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 specified by the attorney general. 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 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 delinquent child's registration duty under section 2950.04 or 2950.041 of the Revised Code. 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 the offender or delinquent child who requests the hearing is contesting the 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 specified by the attorney general, the hearing shall be conducted pursuant to and in accordance with this division and division (F) of this section.
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, subject to division (F) 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.
(F)(1) Except as otherwise provided in this division, if an offender or a delinquent child requests a hearing pursuant to division (E) of this section and contests the 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 specified by the attorney general, the court shall conduct a hearing pursuant to this division to determine whether the offender or child should be classified 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. Except as otherwise provided in this division, the tier classification specified by the attorney general shall be the presumptive tier classification for the offender or child for purposes of this division. The court shall not conduct a hearing for the purpose described in this division if federal law requires that the offender or child be classified in a particular tier based on the offense committed. If federal law requires that the offender or child be classified in a particular tier based on the offense committed, the tier classification specified by the attorney general shall be the tier classification for the offender or child. The court shall conduct the hearing in accordance with the following:
(a) If the presumptive tier classification for the offender or delinquent child, as determined by the attorney general, is a tier I sex offender/child-victim offender, notwithstanding the presumption, both of the following apply:
(i) The court may classify the offender or child a tier II sex offender/child-victim offender if the court determines by clear and convincing evidence that the offender previously has been convicted of or pleaded guilty to one or more sexually oriented offenses or child-victim oriented offenses or that the child previously has been 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.
(ii) The court may classify the offender or child a tier III sex offender/child-victim offender if the court determines by clear and convincing evidence that the offender or delinquent child is likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses.
(b) If the presumptive tier classification for the offender or delinquent child, as determined by the attorney general, is a tier II sex offender/child-victim offender, notwithstanding the presumption, all of the following apply:
(i) The court may classify the offender or child a tier I sex offender/child-victim offender if the court determines by clear and convincing evidence that the offender previously has not been convicted of or pleaded guilty to any sexually oriented offense or child-victim oriented offense or that the child previously has not been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the child was classified a juvenile offender registrant or out-of-state juvenile offender registrant, and that the offender or child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses.
(ii) The court may classify the offender or child a tier I sex offender/child-victim offender if the court determines that the offender's or child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, as determined under the version of section 2950.07 of the Revised Code in effect prior to January 1, 2008, is scheduled to terminate before the duty would terminate for the offender or child under the version of section 2950.07 of the Revised Code in effect on and after January 1, 2008, if the offender or child were to be classified a tier II sex offender/child victim-offender, and that the classification as a tier I sex offender/child-victim offender does not seriously threaten the public interest and safety.
(iii) The court may classify the offender or child a tier III sex offender/child-victim offender if the court determines by clear and convincing evidence that the offender or child is likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses.
(c) If the presumptive tier classification for the offender or delinquent child, as determined by the attorney general, is a tier III sex offender/child-victim offender, notwithstanding the presumption, all of the following apply:
(i) The court may classify the offender or child a tier I sex offender/child-victim offender if the court determines by clear and convincing evidence that the offender previously has not been convicted of or pleaded guilty to any sexually oriented offense or child-victim oriented offense or the child previously has not been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the child was classified a juvenile offender registrant or out-of-state juvenile offender registrant, and that the offender or child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses.
(ii) The court may classify the offender or child a tier II sex offender/child-victim offender if the court determines by clear and convincing evidence that the offender or child is not likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses, but that the offender previously has been convicted of or pleaded guilty to one or more sexually oriented offenses or child-victim oriented offenses or the child previously has been 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.
(iii) The court may classify the offender or child a tier I sex offender/child-victim offender or a tier II sex offender/child-victim offender if the court determines that the offender's or child's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, as determined under the version of section 2950.07 of the Revised Code in effect prior to January 1, 2008, has a scheduled date of termination comparable to the date of termination duty that would apply under the version of section 2950.07 of the Revised Code in effect on and after January 1, 2008, if the offender or child were to be classified a tier III sex offender/child-victim offender, and that the classification as a tier I sex offender/child-victim offender or a tier II sex offender/child-victim offender does not seriously threaten the public interest and safety.
(2) If at the hearing, the court determines that the tier classification of the offender or delinquent child should be changed in a manner described in division (F)(1) of this section, the court shall issue an order that specifies the tier in which it has determined that the offender or delinquent child should be classified, and the tier so specified shall apply to the offender or delinquent child. The court promptly shall serve a copy of the order upon the sheriff with whom the offender or delinquent child most recently registered.
(3) In making a decision under division (F)(1) of this section as to whether an offender or a delinquent child is likely to engage in the future in one or more sexually oriented offenses or child-victim oriented offenses and as to whether an offender or delinquent child who is under consideration for reclassification from one tier of sex offender/child-victim offender to a different tier of sex offender/child-victim offender should be reclassified, the judge shall consider all relevant factors, including, but not limited to, all of the following:
(a) The offender's or delinquent child's age;
(b) The offender's or delinquent child's prior criminal or delinquency record regarding all offenses, including, but not limited to, all sexual offenses and child-victim oriented offenses;
(c) The age of the victim of the sexually oriented offense or child-victim oriented offense in relation to which the decision is to be made;
(d) Whether the sexually oriented offense or child-victim oriented offense in relation to which the decision 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 child-victim 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 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, a sexually oriented offense, or a child-victim oriented offense, whether the offender or delinquent child participated in available programs for sexual offenders or child-victim oriented 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 or child-victim 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 or child-victim oriented offense for which the order of disposition is to be made, displayed cruelty or made one or more threats of cruelty;
(j) Any additional behavioral characteristics that contribute to the offender's or delinquent child's conduct;
(k) Regarding a delinquent child, all of the factors listed in division (D) of section 2152.83 of the Revised Code regarding a delinquent child.
(4) An order issued under division (F)(1) of this section is independent of any order issued under division (E) of this section, and the court may issue an order under both division (F)(1) of this section and an order under division (E) of this section.
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) or (b) 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 the offender or delinquent child who requests the hearing is contesting the 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 specified by the attorney general, the court shall conduct the hearing pursuant to and in accordance with this division and division (F) of section 2950.031 of the Revised Code, except that the court shall not conduct a hearing for that purpose if federal law requires that the offender or child be classified in a particular tier based on the offense committed and that, if federal law requires that the offender or child be classified in a particular tier based on the offense committed, the tier classification specified by the attorney general shall be the tier classification for the offender or child. 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.
(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, an owner or lessee of real property that is located within one thousand feet of those school 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.
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 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 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 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 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 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 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,.
(d) The offender shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state more than fourteen days or for an aggregate period of thirty or more days in that calendar year, and.
(e) The offender shall register with the sheriff or other appropriate person of the other state immediately upon entering into any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or upon being employed in any state other than this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has a temporary domicile in this state, the other state, or a different state:
(a) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for the sexually
oriented
offense to a prison term, a term of imprisonment, or any
other
type of confinement and, on or after July 1, 1997,
is released in
any manner from the prison term, term of
imprisonment, or
confinement;
(b) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for a sexually
oriented
offense on or after July 1, 1997, and
to whom division
(A)(1)(a)
of
this section does not apply;
(c) If the sexually oriented offense was committed prior
to
July 1, 1997,
and neither division (A)(1)(a) nor division
(A)(1)(b) of this section applies,
an offender who,
immediately
prior to
July 1, 1997,
was a habitual sex
offender who was
required to register under Chapter 2950. of the
Revised Code.
(2)
Each (3) Regardless of when the sexually oriented offense was committed, 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 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 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 enters this state to attend the a school or institution of higher education, or the offender is employed in this state for more than the specified period of time,
the offender
or delinquent
child has a
duty to register as a sex
offender or child-victim offender under
the law of
that other
jurisdiction as a result of
the conviction, guilty
plea,
or
adjudication:
(a) Each offender and delinquent child shall register personally with the sheriff 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 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 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.
(d) Each offender 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 not 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.
(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 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, 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;
(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, the name and address of the offender's school or institution of higher education if the offender attends one at the time of registration or if the offender knows at the time of registration that the offender will be commencing attendance at that school or institution subsequent to registration, and any other information required by the bureau of
criminal identification and investigation.;
(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 in this state on a full-time or part-time basis or being employed in this state or in a particular county in this state, whichever is applicable, for more than fourteen days or for an aggregate of thirty or more days in any calendar year, the name and current address of the school, institution of higher education, or place of employment of the offender who is registering and any other information required by the bureau of criminal identification and investigation.;
(3) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1), (2), (3), or (4) of this section for any reason, if the
offender
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 motor vehicle the offender or delinquent child operates as a part of employment, and of each other motor vehicle that is regularly available to be operated by the offender or delinquent child, and, if required by the bureau of criminal identification and investigation, a photograph of each of those motor vehicles;
(7) If the offender or delinquent child has a driver's or commercial driver's license or permit or a state identification card issued under section 4507.50 or 4507.51 of the Revised Code, 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) Any other information required by the bureau of criminal identification and investigation.
(D) After an offender
or delinquent child registers with a
sheriff pursuant to this section, the sheriff shall forward the
signed, written registration form and, photograph, 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 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 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 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 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 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 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 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,.
(d) The offender shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year, and.
(e) The offender shall register personally with the sheriff or other appropriate person of the other state immediately upon entering into any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or upon being employed in any state other than this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has a temporary domicile in this state, the other state, or a different state:.
(a) Regardless of when the child-victim oriented offense was committed, an offender who is sentenced for the child-victim oriented offense to a prison term, a term of imprisonment, or any other type of confinement and, on or after 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 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 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 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 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.
(d) Each offender 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 not 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.
(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;
(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 days or for an aggregate of thirty 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 motor vehicle the offender
or delinquent child owns, of each motor
vehicle registered in the offender's
or
delinquent child's name, of each motor vehicle the offender or delinquent child operates as a part of employment, and of each other motor vehicle that is regularly available to be operated by the offender or delinquent child, and, if required by the bureau of criminal identification and investigation, a photograph of each of those motor 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) 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 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, shall provide
written
notice of the any change of
residence address, and the offender shall provide notice of any change of 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 offender or delinquent child shall provide the written notice at least twenty days prior to changing the residence address, and the offender shall provide the written notice at least twenty days prior to changing the address of the 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) 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
is required to
provide notice of a residence, school, institution of higher education, or place of employment address change under division
(A) of
this section, or a delinquent child is required to provide notice of a residence address change under that division, the offender
or delinquent child, at least
twenty
days prior to
changing the residence, school, or institution of higher education address and not later than five 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) 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)(1) Upon receiving from an offender
or delinquent child
pursuant to
division
(A) of this section notice of a change of the
offender's
residence, school, institution of higher education, or place of employment address or the delinquent child's residence address, a sheriff
promptly
shall
forward the new 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. 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
registers a new
residence, school, institution of higher education, or place of employment
address or a delinquent child registers a new residence address pursuant to
division (B) of this section, the
sheriff with whom the offender
or delinquent child registers and
the bureau of criminal
identification and investigation shall
comply with division
(D) of section 2950.04 or 2950.041 of the Revised Code, whichever is applicable.
(E)(1) No person who is required to notify a sheriff of a
change
of address pursuant to division (A) of this section shall
fail to
notify the appropriate sheriff in accordance with that
division.
(2) No person who is required to register a new residence, school, institution of higher education, or place of employment
address with a
sheriff or with an official of another state
pursuant to divisions (B) and (C) of this section shall fail to
register
with the appropriate sheriff or official of the other
state in accordance with those divisions.
(F)(1) It is an affirmative defense to a charge of a violation of division (E)(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)(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) 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) 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 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 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, 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 school or institution of higher education if the offender attends one at the time of verification or if the offender knows at the time of verification that the offender will be commencing attendance at that school or institution subsequent to verification, and any
other information required by the bureau of criminal
identification and investigation.
(2) Regarding an offender 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 and any other information required by the bureau of criminal identification and investigation.
(E) Upon an offender's
or delinquent child's personal
appearance and
completion of a
verification form under division
(C) of this section, a sheriff
promptly shall forward a copy of
the verification form to the
bureau of criminal identification and
investigation in accordance with the
forwarding procedures adopted
by the attorney general pursuant to section
2950.13 of the Revised
Code. If an offender verifies a school, institution of higher education, or place of employment address, or provides a school or institution of higher education address under division (D)(1) of this section, the sheriff also shall provide notice to the law enforcement agency with jurisdiction over the premises of the school, institution of higher education, or place of employment of the offender's name and that the offender has verified or provided that address as a place at which the offender attends school or an institution of higher education or at which the offender is employed. The bureau shall include all information
forwarded to it
under this division in the state registry of sex offenders and child-victim offenders
established and maintained under section 2950.13 of the Revised
Code.
(F) No person who is required to verify
a current residence, school, institution of higher education, or place of employment
address, as applicable, pursuant to divisions (A) to (C)
of this section shall
fail to verify a current residence, school, institution of higher education, or place of employment address, as applicable, in
accordance with
those divisions
by the date required for the verification as set
forth in
division (B) of this section,
provided that no person
shall be prosecuted
or subjected to a delinquent child proceeding
for a violation of
this division, and that no parent, guardian, or
custodian of a delinquent child shall be prosecuted for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of this division, prior to the
expiration of the period of time
specified in division (G) of this
section.
(G)(1) If an offender
or delinquent child fails to verify a
current
residence, school, institution of higher education, or place of employment
address, as applicable, as required by divisions (A) to (C) of
this section
by the date required for the verification as set
forth in
division (B) of this section,
the sheriff with whom the
offender
or delinquent child is required to
verify the
current
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
current residence, school, institution of higher education, or place of employment address or the delinquent child's current residence address by the
date
required for
the
verification;
(c) Conspicuously state that the offender
or
delinquent
child has seven days
from the date
on which the warning
is sent to
verify the current residence, school, institution of higher education, or place of employment
address, as applicable, with the sheriff
who sent the
warning;
(d) Conspicuously state that a failure to
timely verify the
specified current
address or addresses is a felony offense;
(e) Conspicuously state
that, if the offender
verifies the current
residence, school, institution of higher education, or place of employment address or the delinquent child verifies the current residence address
with that
sheriff
within that seven-day period, 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
does
not verify the
current residence, school, institution of higher education, or place of employment address or the delinquent child verifies 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, 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 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 who is required to verify the offender's
current
residence, school, institution of higher education, or place of employment address pursuant to divisions (A) to (C)
of this section and a delinquent child who is required to verify the delinquent child's current residence address pursuant to those divisions
shall do so for the period of time specified in section
2950.07 of
the Revised Code.
Sec. 2950.07. (A) The duty of an offender who is convicted
of or,
pleads guilty to, or has been convicted of, or 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 division (A)(2), (3), or (4) of 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 existed prior to 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 existed prior to 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 description of the characteristics of tier I sex offenders/child-victim offenders, tier II sex offenders/child-victim offenders, and tier III sex offenders/child-victim offenders and the public safety concerns related to each of those tiers, 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 residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's residence address or addresses;
(3) The sexually oriented offense or child-victim oriented offense of which the offender was
convicted,
to which the offender pleaded guilty,
or for which
the
child was
adjudicated a delinquent child;
(4) All of the following statements that are applicable:
(a) A statement that 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 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 has
pleaded guilty to,
or is or has been 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 unless the
offender
or
the delinquent
child to the
provisions of this section is in a category specified in division (F)(1)(a), (b), or (c) of this section.
(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:
(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, 2950.05, 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, the most recent sexually oriented offense or child-victim oriented offense 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 that offense was committed;
(b) The text of the sexually oriented offense or child-victim oriented offense identified in division (A)(1)(a) of this section as that offense existed at the time the person was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing that offense, or a link to a database that sets forth the text of that offense;
(c) A statement as to whether the offender 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 offense or child-victim oriented offense 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.
(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 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 (f) 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), and (c) of this section relative to the offender or public registry-qualified juvenile offender registrant;
(b) The address of the offender'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 of the Revised Code;
(d) A description of the characteristics of tier I sex offenders/child-victim offenders, tier II sex offenders/child-victim offenders, and tier III sex offenders/child-victim offenders and the public safety concerns related to each of those tiers;
(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.
(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 motor 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, and that is not consistent with the provisions of the act in which this section is enacted, the attorney general of this state shall adopt rules in accordance with Chapter 119. of the Revised Code that conform the law of this state to the regulation, guideline, or standard adopted by the United States attorney general or the office established under the authority of the United States attorney general.
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 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. 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;
(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:
(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. 5321.03. (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, and both of the
following apply regarding the tenant or other occupant who resides in or occupies the premises:
(a) The
tenant's or other occupant's name appears
on the state registry of
sex offenders and child-victim offenders maintained under section 2950.13 of the Revised
Code.
(b) The state registry of sex offenders and child-victim offenders indicates that the
tenant or other occupant was convicted of or pleaded guilty to either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced to a
serious youthful offender dispositional sentence for that offense.
(B) The maintenance of an action by the landlord under this
section does not
prevent the tenant from recovering damages for
any violation by the landlord
of the rental agreement or of
section 5321.04 of the Revised Code.
(C) This section does not apply to a dwelling unit occupied
by a student
tenant.
Sec. 5321.051. (A)(1) No tenant of any residential premises located within one thousand feet of any school premises shall allow any person to occupy those residential premises if both of the following
apply regarding the person:
(a) The person's name appears on the state registry of
sex offenders and child-victim offenders maintained under section 2950.13 of the Revised
Code.
(b) The state registry of sex offenders and child-victim offenders indicates that
the person was convicted of or pleaded guilty to either a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence for that offense.
(2)
If a tenant allows occupancy in violation of this section or a person establishes a residence or occupies residential premises in violation of section
2950.031 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, 1923.02, 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, 2950.031, 2950.04, 2950.041, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 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, 5321.03, 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, 1923.02, 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, 5149.10, and 5321.03 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 2950.031 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.