Sec. 2950.04. (A)(1)(a) Immediately after a sentencing | 24 |
hearing is held on or after January 1, 2008, for an offender who | 25 |
is convicted of or pleads guilty to a sexually oriented offense | 26 |
and is sentenced to a prison term, a term of imprisonment, or any | 27 |
other type of confinement and before the offender is transferred | 28 |
to the custody of the department of rehabilitation and correction | 29 |
or to the official in charge of the jail, workhouse, state | 30 |
correctional institution, or other institution where the offender | 31 |
will be confined, the offender shall register personally with the | 32 |
sheriff, or the sheriff's designee, of the county in which the | 33 |
offender was convicted of or pleaded guilty to the sexually | 34 |
oriented offense. | 35 |
(b) Immediately after a dispositional hearing is held on or | 36 |
after January 1, 2008, for a child who is adjudicated a delinquent | 37 |
child for committing a sexually oriented offense, is classified a | 38 |
juvenile offender registrant based on that adjudication, and is | 39 |
committed to the custody of the department of youth services or to | 40 |
a secure facility that is not operated by the department and | 41 |
before the child is transferred to the custody of the department | 42 |
of youth services or the secure facility to which the delinquent | 43 |
child is committed, the delinquent child shall register personally | 44 |
with the sheriff, or the sheriff's designee, of the county in | 45 |
which the delinquent child was classified a juvenile offender | 46 |
registrant based on that sexually oriented offense. | 47 |
(iv) The public registry-qualified juvenile offender | 133 |
registrant shall register with the sheriff, or the sheriff's | 134 |
designee, or other appropriate person of the other state | 135 |
immediately upon entering into any state other than this state in | 136 |
which the registrant attends a school or institution of higher | 137 |
education on a full-time or part-time basis or upon being employed | 138 |
in any state other than this state for more than three days or for | 139 |
an aggregate period of fourteen or more days in that calendar year | 140 |
regardless of whether the registrant resides or has a temporary | 141 |
domicile in this state, the other state, or a different state. | 142 |
(4) Regardless of when the sexually oriented offense was | 152 |
committed, each person who is convicted, pleads guilty, or is | 153 |
adjudicated a delinquent child in a court in another state, in a | 154 |
federal court, military court, or Indian tribal court, or in a | 155 |
court in any nation other than the United States for committing a | 156 |
sexually oriented offense shall comply with the following | 157 |
registration requirements if, at the time the offender or | 158 |
delinquent child moves to and resides in this state or temporarily | 159 |
is domiciled in this state for more than three days, the offender | 160 |
or public registry-qualified juvenile offender registrant enters | 161 |
this state to attend a school or institution of higher education, | 162 |
or the offender or public registry-qualified juvenile offender | 163 |
registrant is employed in this state for more than the specified | 164 |
period of time, the offender or delinquent child has a duty to | 165 |
register as a sex offender or child-victim offender under the law | 166 |
of that other jurisdiction as a result of the conviction, guilty | 167 |
plea, or adjudication: | 168 |
(5) An offender or a delinquent child who is a public | 200 |
registry-qualified juvenile offender registrant is not required to | 201 |
register under division (A)(2), (3), or (4) of this section if a | 202 |
court issues an order terminating the offender's or delinquent | 203 |
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 204 |
and 2950.06 of the Revised Code pursuant to section 2950.15 of the | 205 |
Revised Code. A delinquent child who is a juvenile offender | 206 |
registrant but is not a public registry-qualified juvenile | 207 |
offender registrant is not required to register under any of those | 208 |
divisions if a juvenile court issues an order declassifying the | 209 |
delinquent child as a juvenile offender registrant pursuant to | 210 |
section 2152.84 or 2152.85 of the Revised Code. | 211 |
(B) An offender or delinquent child who is required by | 212 |
division (A) of this section to register in this state personally | 213 |
shall obtain from the sheriff or from a designee of the sheriff a | 214 |
registration form that conforms to division (C) of this section, | 215 |
shall complete and sign the form, and shall return the completed | 216 |
form together with the offender's or delinquent child's | 217 |
photograph, copies of travel and immigration documents, and any | 218 |
other required material to the sheriff or the designee, and if the | 219 |
address being registered is the offender's or delinquent child's | 220 |
residence address shall provide proof in accordance with section | 221 |
2950.044 of the Revised Code that the offender or delinquent child | 222 |
resides at that residence address. The sheriff or designee shall | 223 |
sign the form and indicate on the form the date on which it is so | 224 |
returned and the type of proof of residence provided. The | 225 |
registration required under this division is complete when the | 226 |
offender or delinquent child returns the form, containing the | 227 |
requisite information, photograph, other required material, | 228 |
signatures, and date, to the sheriff or designee and if the | 229 |
address being registered is the offender's or delinquent child's | 230 |
residence address provides proof that the offender or delinquent | 231 |
child resides at that residence address. | 232 |
(4) Regarding an offender or delinquent child who is | 249 |
registering under a duty imposed under division (A)(2), (3), or | 250 |
(4) of this section as a result of the offender or delinquent | 251 |
child residing in this state or temporarily being domiciled in | 252 |
this state for more than three days, the current residence address | 253 |
of the offender or delinquent child who is registering, the name | 254 |
and address of the offender's or delinquent child's employer if | 255 |
the offender or delinquent child is employed at the time of | 256 |
registration or if the offender or delinquent child knows at the | 257 |
time of registration that the offender or delinquent child will be | 258 |
commencing employment with that employer subsequent to | 259 |
registration, any other employment information, such as the | 260 |
general area where the offender or delinquent child is employed, | 261 |
if the offender or delinquent child is employed in many locations, | 262 |
and the name and address of the offender's or public | 263 |
registry-qualified juvenile offender registrant's school or | 264 |
institution of higher education if the offender or public | 265 |
registry-qualified juvenile offender registrant attends one at the | 266 |
time of registration or if the offender or public | 267 |
registry-qualified juvenile offender registrant knows at the time | 268 |
of registration that the offender or public registry-qualified | 269 |
juvenile offender registrant will be commencing attendance at that | 270 |
school or institution subsequent to registration; | 271 |
(5) Regarding an offender or public registry-qualified | 272 |
juvenile offender registrant who is registering under a duty | 273 |
imposed under division (A)(2), (3), or (4) of this section as a | 274 |
result of the offender or public registry-qualified juvenile | 275 |
offender registrant attending a school or institution of higher | 276 |
education in this state on a full-time or part-time basis or being | 277 |
employed in this state or in a particular county in this state, | 278 |
whichever is applicable, for more than three days or for an | 279 |
aggregate of fourteen or more days in any calendar year, the name | 280 |
and current address of the school, institution of higher | 281 |
education, or place of employment of the offender or public | 282 |
registry-qualified juvenile offender registrant who is | 283 |
registering, including any other employment information, such as | 284 |
the general area where the offender or public registry-qualified | 285 |
juvenile offender registrant is employed, if the offender or | 286 |
public registry-qualified juvenile offender registrant is employed | 287 |
in many locations; | 288 |
(6) The identification license plate number of each vehicle | 289 |
the offender or delinquent child owns, of each vehicle registered | 290 |
in the offender's or delinquent child's name, of each vehicle the | 291 |
offender or delinquent child operates as a part of employment, and | 292 |
of each other vehicle that is regularly available to be operated | 293 |
by the offender or delinquent child; a description of where each | 294 |
vehicle is habitually parked, stored, docked, or otherwise kept; | 295 |
and, if required by the bureau of criminal identification and | 296 |
investigation, a photograph of each of those vehicles; | 297 |
(8) If the offender or delinquent child was convicted of, | 305 |
pleaded guilty to, or was adjudicated a delinquent child for | 306 |
committing the sexually oriented offense resulting in the | 307 |
registration duty in a court in another state, in a federal court, | 308 |
military court, or Indian tribal court, or in a court in any | 309 |
nation other than the United States, a DNA specimen, as defined in | 310 |
section 109.573 of the Revised Code, from the offender or | 311 |
delinquent child, a citation for, and the name of, the sexually | 312 |
oriented offense resulting in the registration duty, and a | 313 |
certified copy of a document that describes the text of that | 314 |
sexually oriented offense; | 315 |
(D) After an offender or delinquent child registers with a | 324 |
sheriff, or the sheriff's designee, pursuant to this section, the | 325 |
sheriff, or the sheriff's designee, shall forward the signed, | 326 |
written registration form, photograph, and other material to the | 327 |
bureau of criminal identification and investigation in accordance | 328 |
with the forwarding procedures adopted pursuant to section 2950.13 | 329 |
of the Revised Code. If an offender registers a school, | 330 |
institution of higher education, or place of employment address, | 331 |
or provides a school or institution of higher education address | 332 |
under division (C)(4) of this section, the sheriff also shall | 333 |
provide notice to the law enforcement agency with jurisdiction | 334 |
over the premises of the school, institution of higher education, | 335 |
or place of employment of the offender's name and that the | 336 |
offender has registered that address as a place at which the | 337 |
offender attends school or an institution of higher education or | 338 |
at which the offender is employed. The bureau shall include the | 339 |
information and materials forwarded to it under this division in | 340 |
the state registry of sex offenders and child-victim offenders | 341 |
established and maintained under section 2950.13 of the Revised | 342 |
Code. | 343 |
(G) If an offender or delinquent child who is required by | 355 |
division (A) of this section to register is a tier III sex | 356 |
offender/child-victim offender, the offender or delinquent child | 357 |
also shall send the sheriff, or the sheriff's designee, of the | 358 |
county in which the offender or delinquent child intends to reside | 359 |
written notice of the offender's or delinquent child's intent to | 360 |
reside in the county. The offender or delinquent child shall send | 361 |
the notice of intent to reside at least twenty days prior to the | 362 |
date the offender or delinquent child begins to reside in the | 363 |
county. The notice of intent to reside shall contain the following | 364 |
information: | 365 |
(H) If, immediately prior to January 1, 2008, an offender or | 372 |
delinquent child who was convicted of, pleaded guilty to, or was | 373 |
adjudicated a delinquent child for committing a sexually oriented | 374 |
offense or a child-victim oriented offense as those terms were | 375 |
defined in section 2950.01 of the Revised Code prior to January 1, | 376 |
2008, was required by division (A) of this section or section | 377 |
2950.041 of the Revised Code to register and if, on or after | 378 |
January 1, 2008, that offense is a sexually oriented offense as | 379 |
that term is defined in section 2950.01 of the Revised Code on and | 380 |
after January 1, 2008, the duty to register that is imposed | 381 |
pursuant to this section on and after January 1, 2008, shall be | 382 |
considered, for purposes of section 2950.07 of the Revised Code | 383 |
and for all other purposes, to be a continuation of the duty | 384 |
imposed upon the offender or delinquent child prior to January 1, | 385 |
2008, under this section or section 2950.041 of the Revised Code. | 386 |
Sec. 2950.041. (A)(1)(a) Immediately after a sentencing | 387 |
hearing is held on or after January 1, 2008, for an offender who | 388 |
is convicted of or pleads guilty to a child-victim oriented | 389 |
offense and is sentenced to a prison term, a term of imprisonment, | 390 |
or any other type of confinement and before the offender is | 391 |
transferred to the custody of the department of rehabilitation and | 392 |
correction or to the official in charge of the jail, workhouse, | 393 |
state correctional institution, or other institution where the | 394 |
offender will be confined, the offender shall register personally | 395 |
with the sheriff, or the sheriff's designee, of the county in | 396 |
which the offender was convicted of or pleaded guilty to the | 397 |
child-victim offense. | 398 |
(b) Immediately after a dispositional hearing is held on or | 399 |
after January 1, 2008, for a child who is adjudicated a delinquent | 400 |
child for committing a child-victim oriented offense, is | 401 |
classified a juvenile offender registrant based on that | 402 |
adjudication, and is committed to the custody of the department of | 403 |
youth services or to a secure facility that is not operated by the | 404 |
department and before the child is transferred to the custody of | 405 |
the department of youth services or the secure facility to which | 406 |
the delinquent child is committed, the delinquent child shall | 407 |
register personally with the sheriff, or the sheriff's designee, | 408 |
of the county in which the delinquent child was classified a | 409 |
juvenile offender registrant based on that child-victim oriented | 410 |
offense. | 411 |
(3) Regardless of when the child-victim oriented offense was | 466 |
committed, each child who on or after July 31, 2003, is | 467 |
adjudicated a delinquent child for committing a child-victim | 468 |
oriented offense and who is classified a juvenile offender | 469 |
registrant based on that adjudication shall register personally | 470 |
with the sheriff, or the sheriff's designee, of the county within | 471 |
three days of the delinquent child's coming into a county in which | 472 |
the delinquent child resides or temporarily is domiciled for more | 473 |
than three days. If the delinquent child is committed for the | 474 |
child-victim oriented offense to the department of youth services | 475 |
or to a secure facility that is not operated by the department, | 476 |
this duty begins when the delinquent child is discharged or | 477 |
released in any manner from custody in a department of youth | 478 |
services secure facility or from the secure facility that is not | 479 |
operated by the department if pursuant to the discharge or release | 480 |
the delinquent child is not committed to any other secure facility | 481 |
of the department or any other secure facility. | 482 |
(4) Regardless of when the child-victim oriented offense was | 483 |
committed, each person who is convicted, pleads guilty, or is | 484 |
adjudicated a delinquent child in a court in another state, in a | 485 |
federal court, military court, or Indian tribal court, or in a | 486 |
court in any nation other than the United States for committing a | 487 |
child-victim oriented offense shall comply with all of the | 488 |
following registration requirements if, at the time the offender | 489 |
or delinquent child moves to and resides in this state or | 490 |
temporarily is domiciled in this state for more than three days, | 491 |
the offender enters this state to attend the school or institution | 492 |
of higher education, or the offender is employed in this state for | 493 |
more than the specified period of time, the offender or delinquent | 494 |
child has a duty to register as a child-victim offender or sex | 495 |
offender under the law of that other jurisdiction as a result of | 496 |
the conviction, guilty plea, or adjudication: | 497 |
(5) An offender is not required to register under division | 522 |
(A)(2), (3), or (4) of this section if a court issues an order | 523 |
terminating the offender's duty to comply with sections 2950.04, | 524 |
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to | 525 |
section 2950.15 of the Revised Code. A delinquent child who is a | 526 |
juvenile offender registrant but is not a public | 527 |
registry-qualified juvenile offender registrant is not required to | 528 |
register under any of those divisions if a juvenile court issues | 529 |
an order declassifying the delinquent child as a juvenile offender | 530 |
registrant pursuant to section 2152.84 or 2152.85 of the Revised | 531 |
Code. | 532 |
(6) The identification license plate number issued by this | 574 |
state or any other state of each vehicle the offender or | 575 |
delinquent child owns, of each vehicle registered in the | 576 |
offender's or delinquent child's name, of each vehicle the | 577 |
offender or delinquent child operates as a part of employment, and | 578 |
of each other vehicle that is regularly available to be operated | 579 |
by the offender or delinquent child; a description of where each | 580 |
vehicle is habitually parked, stored, docked, or otherwise kept; | 581 |
and, if required by the bureau of criminal identification and | 582 |
investigation, a photograph of each of those vehicles; | 583 |
(8) If the offender or delinquent child was convicted of, | 591 |
pleaded guilty to, or was adjudicated a delinquent child for | 592 |
committing the child-victim oriented offense resulting in the | 593 |
registration duty in a court in another state, in a federal court, | 594 |
military court, or Indian tribal court, or in a court in any | 595 |
nation other than the United States, a DNA specimen, as defined in | 596 |
section 109.573 of the Revised Code, from the offender or | 597 |
delinquent child, a citation for, and the name of, the | 598 |
child-victim oriented offense resulting in the registration duty, | 599 |
and a certified copy of a document that describes the text of that | 600 |
child-victim oriented offense; | 601 |
(G) If an offender or delinquent child who is required by | 624 |
division (A) of this section to register is a tier III sex | 625 |
offender/child-victim offender, the offender or delinquent child | 626 |
also shall send the sheriff, or the sheriff's designee, of the | 627 |
county in which the offender or delinquent child intends to reside | 628 |
written notice of the offender's or delinquent child's intent to | 629 |
reside in the county. The offender or delinquent child shall send | 630 |
the notice of intent to reside at least twenty days prior to the | 631 |
date the offender or delinquent child begins to reside in the | 632 |
county. The notice of intent to reside shall contain all of the | 633 |
following information: | 634 |
(H) If, immediately prior to January 1, 2008, an offender or | 640 |
delinquent child who was convicted of, pleaded guilty to, or was | 641 |
adjudicated a delinquent child for committing a child-victim | 642 |
oriented offense or a sexually oriented offense as those terms | 643 |
were defined in section 2950.01 of the Revised Code prior to | 644 |
January 1, 2008, was required by division (A) of this section or | 645 |
section 2950.04 of the Revised Code to register and if, on or | 646 |
after January 1, 2008, that offense is a child-victim oriented | 647 |
offense as that term is defined in section 2950.01 of the Revised | 648 |
Code on and after January 1, 2008, the duty to register that is | 649 |
imposed pursuant to this section on and after January 1, 2008, | 650 |
shall be considered, for purposes of section 2950.07 of the | 651 |
Revised Code and for all other purposes, to be a continuation of | 652 |
the duty imposed upon the offender or delinquent child prior to | 653 |
January 1, 2008, under this section or section 2950.04 of the | 654 |
Revised Code. | 655 |
(B) If an offender or delinquent child who registers a | 676 |
residence address under section 2950.04, 2950.041, or 2950.05 of | 677 |
the Revised Code does not have any of the forms of proof of | 678 |
residence required under division (A) of this section regarding | 679 |
the address being registered, the offender or delinquent child may | 680 |
execute an affirmation under penalty of falsification that the | 681 |
offender or delinquent child cannot provide the proof of residence | 682 |
required under that division regarding that residence address but | 683 |
that the offender or delinquent child resides at that residence | 684 |
address. The attorney general shall prescribe pursuant to section | 685 |
2950.13 of the Revised Code the form of the affirmation, which | 686 |
shall include the offender's or delinquent child's name, the | 687 |
residence address registered by the offender or delinquent child, | 688 |
and the offender's or delinquent child's signature affirming that | 689 |
the address so registered is the offender's or delinquent child's | 690 |
residence address at that time. If an offender or delinquent child | 691 |
who registers a residence address executes an affirmation as | 692 |
described in this division, both of the following apply: | 693 |
Sec. 2950.06. (A) An offender or delinquent child who is | 720 |
required to register a residence address pursuant to division | 721 |
(A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised | 722 |
Code shall periodically verify the offender's or delinquent | 723 |
child's current residence address, and an offender or public | 724 |
registry-qualified juvenile offender registrant who is required to | 725 |
register a school, institution of higher education, or place of | 726 |
employment address pursuant to any of those divisions shall | 727 |
periodically verify the address of the offender's or public | 728 |
registry-qualified juvenile offender registrant's current school, | 729 |
institution of higher education, or place of employment, in | 730 |
accordance with this section. The frequency of verification shall | 731 |
be determined in accordance with division (B) of this section, and | 732 |
the manner of verification shall be determined in accordance with | 733 |
division (C) of this section. | 734 |
(1) Regardless of when the sexually oriented offense or | 740 |
child-victim oriented offense for which the offender or delinquent | 741 |
child is required to register was committed, if the offender or | 742 |
delinquent child is a tier I sex offender/child-victim offender, | 743 |
the offender shall verify the offender's current residence address | 744 |
or current school, institution of higher education, or place of | 745 |
employment address, and the delinquent child shall verify the | 746 |
delinquent child's current residence address, in accordance with | 747 |
division (C) of this section on each anniversary of the offender's | 748 |
or delinquent child's initial registration date during the period | 749 |
the offender or delinquent child is required to register. | 750 |
(2) Regardless of when the sexually oriented offense or | 751 |
child-victim oriented offense for which the offender or delinquent | 752 |
child is required to register was committed, if the offender or | 753 |
delinquent child is a tier II sex offender/child-victim offender, | 754 |
the offender shall verify the offender's current residence address | 755 |
or current school, institution of higher education, or place of | 756 |
employment address, and the delinquent child shall verify the | 757 |
delinquent child's current residence address, in accordance with | 758 |
division (C) of this section every one hundred eighty days after | 759 |
the offender's or delinquent child's initial registration date | 760 |
during the period the offender or delinquent child is required to | 761 |
register. | 762 |
(3) Regardless of when the sexually oriented offense or | 763 |
child-victim oriented offense for which the offender or delinquent | 764 |
child is required to register was committed, if the offender or | 765 |
delinquent child is a tier III sex offender/child-victim offender, | 766 |
the offender shall verify the offender's current residence address | 767 |
or current school, institution of higher education, or place of | 768 |
employment address, and the delinquent child shall verify the | 769 |
delinquent child's current residence address and, if the | 770 |
delinquent child is a public registry-qualified juvenile offender | 771 |
registrant, the current school, institution of higher education, | 772 |
or place of employment address, in accordance with division (C) of | 773 |
this section every ninetythirty days after the offender's or | 774 |
delinquent child's initial registration date during the period the | 775 |
offender or delinquent child is required to register. | 776 |
(4) If, prior to January 1, 2008, an offender or delinquent | 777 |
child registered with a sheriff under a duty imposed under section | 778 |
2950.04 or 2950.041 of the Revised Code as a result of a | 779 |
conviction of, plea of guilty to, or adjudication as a delinquent | 780 |
child for committing a sexually oriented offense or a child-victim | 781 |
oriented offense as those terms were defined in section 2950.01 of | 782 |
the Revised Code prior to January 1, 2008, the duty to register | 783 |
that is imposed on the offender or delinquent child pursuant to | 784 |
section 2950.04 or 2950.041 of the Revised Code on and after | 785 |
January 1, 2008, is a continuation of the duty imposed upon the | 786 |
offender prior to January 1, 2008, under section 2950.04 or | 787 |
2950.041 of the Revised Code and, for purposes of divisions | 788 |
(B)(1), (2), and (3) of this section, the offender's initial | 789 |
registration date related to that offense is the date on which the | 790 |
offender initially registered under section 2950.04 or 2950.041 of | 791 |
the Revised Code. | 792 |
(5) The amendment to division (B)(3) of this section that | 793 |
takes effect on the effective date of this division applies to all | 794 |
offenders and delinquent children in a category described in that | 795 |
division who commit their sexually oriented offense or | 796 |
child-victim oriented offense on or after the effective date of | 797 |
this division. The amendment to division (B)(3) of this section | 798 |
that takes effect on the effective date of this division applies | 799 |
to all offenders and delinquent children who, on and after January | 800 |
1, 2008, and prior to the effective date of this division, were | 801 |
required pursuant to that division as it existed between those | 802 |
dates to verify a residence address every ninety days after the | 803 |
offender's or delinquent child's initial registration date, | 804 |
provided that the amendment does not apply to those offenders and | 805 |
delinquent children until the first time on or after the effective | 806 |
date of this division that the offender or delinquent child | 807 |
verifies the residence address, provides notice of a change in | 808 |
residence address, or registers a new residence address. | 809 |
If an offender or delinquent child, on and after January 1, | 810 |
2008, and prior to the effective date of this division, was | 811 |
required pursuant to division (B)(3) of this section as it existed | 812 |
between those dates to verify a residence address every ninety | 813 |
days after the offender's or delinquent child's initial | 814 |
registration date, the first time on or after the effective date | 815 |
of this division that the offender or delinquent child verifies | 816 |
the residence address, provides notice of a change in residence | 817 |
address, or registers a new residence address, the sheriff with | 818 |
whom the offender or delinquent child verifies or registers the | 819 |
address or to whom the offender or delinquent child provides the | 820 |
notice of a change in address shall inform the offender or | 821 |
delinquent child of the amendment to division (B)(3) of this | 822 |
section that takes effect on the effective date of this division | 823 |
and of the offender's or delinquent child's duty thereafter to | 824 |
verify the residence address with the frequency specified in that | 825 |
amendment. | 826 |
(C)(1) An offender or delinquent child who is required to | 827 |
verify the offender's or delinquent child's current residence, | 828 |
school, institution of higher education, or place of employment | 829 |
address pursuant to division (A) of this section shall verify the | 830 |
address with the sheriff with whom the offender or delinquent | 831 |
child most recently registered the address by personally appearing | 832 |
before the sheriff or a designee of the sheriff, no earlier than | 833 |
ten days before the date on which the verification is required | 834 |
pursuant to division (B) of this section and no later than the | 835 |
date so required for verification, and completing and signing a | 836 |
copy of the verification form prescribed by the bureau of criminal | 837 |
identification and investigation, and if the address being | 838 |
verified is the offender's or delinquent child's residence address | 839 |
providing proof in accordance with section 2950.044 of the Revised | 840 |
Code that the offender or delinquent child resides at that | 841 |
residence address. The sheriff or designee shall sign the | 842 |
completed form and indicate on the form the date on which it is so | 843 |
completed and the type of proof of residence provided. The | 844 |
verification required under this division is complete when the | 845 |
offender or delinquent child personally appears before the sheriff | 846 |
or designee and completes and signs the form as described in this | 847 |
division and if the address being verified is the offender's or | 848 |
delinquent child's residence address provides the proof that the | 849 |
offender or delinquent child resides at the address verified. | 850 |
(2) To facilitate the verification of an offender's or | 851 |
delinquent child's current residence, school, institution of | 852 |
higher education, or place of employment address, as applicable, | 853 |
under division (C)(1) of this section, the sheriff with whom the | 854 |
offender or delinquent child most recently registered the address | 855 |
may mail a nonforwardable verification form prescribed by the | 856 |
bureau of criminal identification and investigation to the | 857 |
offender's or delinquent child's last reported address and to the | 858 |
last reported address of the parents of the delinquent child, with | 859 |
a notice that conspicuously states that the offender or delinquent | 860 |
child must personally appear before the sheriff or a designee of | 861 |
the sheriff to complete the form and the date by which the form | 862 |
must be so completed. Regardless of whether a sheriff mails a form | 863 |
to an offender or delinquent child and that child's parents, each | 864 |
offender or delinquent child who is required to verify the | 865 |
offender's or delinquent child's current residence, school, | 866 |
institution of higher education, or place of employment address, | 867 |
as applicable, pursuant to division (A) of this section shall | 868 |
personally appear before the sheriff or a designee of the sheriff | 869 |
to verify the address in accordance with division (C)(1) of this | 870 |
section. | 871 |
(1) Except as provided in division (D)(2) of this section, | 874 |
the current residence address of the offender or delinquent child, | 875 |
the name and address of the offender's or delinquent child's | 876 |
employer if the offender or delinquent child is employed at the | 877 |
time of verification or if the offender or delinquent child knows | 878 |
at the time of verification that the offender or delinquent child | 879 |
will be commencing employment with that employer subsequent to | 880 |
verification, the name and address of the offender's or public | 881 |
registry-qualified juvenile offender registrant's school or | 882 |
institution of higher education if the offender or public | 883 |
registry-qualified juvenile offender registrant attends one at the | 884 |
time of verification or if the offender or public | 885 |
registry-qualified juvenile offender registrant knows at the time | 886 |
of verification that the offender will be commencing attendance at | 887 |
that school or institution subsequent to verification, and any | 888 |
other information required by the bureau of criminal | 889 |
identification and investigation. | 890 |
(E) Upon an offender's or delinquent child's personal | 899 |
appearance and completion of a verification form under division | 900 |
(C) of this section, a sheriff promptly shall forward a copy of | 901 |
the verification form to the bureau of criminal identification and | 902 |
investigation in accordance with the forwarding procedures adopted | 903 |
by the attorney general pursuant to section 2950.13 of the Revised | 904 |
Code. If an offender or public registry-qualified juvenile | 905 |
offender registrant verifies a school, institution of higher | 906 |
education, or place of employment address, or provides a school or | 907 |
institution of higher education address under division (D)(1) of | 908 |
this section, the sheriff also shall provide notice to the law | 909 |
enforcement agency with jurisdiction over the premises of the | 910 |
school, institution of higher education, or place of employment of | 911 |
the offender's or public registry-qualified juvenile offender | 912 |
registrant's name and that the offender or public | 913 |
registry-qualified juvenile offender registrant has verified or | 914 |
provided that address as a place at which the offender or public | 915 |
registry-qualified juvenile offender registrant attends school or | 916 |
an institution of higher education or at which the offender or | 917 |
public registry-qualified juvenile offender registrant is | 918 |
employed. The bureau shall include all information forwarded to it | 919 |
under this division in the state registry of sex offenders and | 920 |
child-victim offenders established and maintained under section | 921 |
2950.13 of the Revised Code. | 922 |
(F) No person who is required to verify a current residence, | 923 |
school, institution of higher education, or place of employment | 924 |
address, as applicable, pursuant to divisions (A) to (C) of this | 925 |
section shall fail to verify a current residence, school, | 926 |
institution of higher education, or place of employment address, | 927 |
as applicable, in accordance with those divisions by the date | 928 |
required for the verification as set forth in division (B) of this | 929 |
section, provided that no person shall be prosecuted or subjected | 930 |
to a delinquent child proceeding for a violation of this division, | 931 |
and that no parent, guardian, or custodian of a delinquent child | 932 |
shall be prosecuted for a violation of section 2919.24 of the | 933 |
Revised Code based on the delinquent child's violation of this | 934 |
division, prior to the expiration of the period of time specified | 935 |
in division (G) of this section. | 936 |
(G)(1) If an offender or delinquent child fails to verify a | 937 |
current residence, school, institution of higher education, or | 938 |
place of employment address, as applicable, as required by | 939 |
divisions (A) to (C) of this section by the date required for the | 940 |
verification as set forth in division (B) of this section, the | 941 |
sheriff with whom the offender or delinquent child is required to | 942 |
verify the current address, on the day following that date | 943 |
required for the verification, shall send a written warning to the | 944 |
offender or to the delinquent child and that child's parents, at | 945 |
the offender's or delinquent child's and that child's parents' | 946 |
last known residence, school, institution of higher education, or | 947 |
place of employment address, as applicable, regarding the | 948 |
offender's or delinquent child's duty to verify the offender's or | 949 |
delinquent child's current residence, school, institution of | 950 |
higher education, or place of employment address, as applicable. | 951 |
(e) Conspicuously state that, if the offender or public | 969 |
registry-qualified juvenile offender registrant verifies the | 970 |
current residence, school, institution of higher education, or | 971 |
place of employment address or the delinquent child who is not a | 972 |
public registry-qualified juvenile offender registrant verifies | 973 |
the current residence address with that sheriff within that | 974 |
seven-day period, the offender or delinquent child will not be | 975 |
prosecuted or subjected to a delinquent child proceeding for a | 976 |
failure to timely verify a current address and the delinquent | 977 |
child's parent, guardian, or custodian will not be prosecuted | 978 |
based on a failure of the delinquent child to timely verify an | 979 |
address; | 980 |
(f) Conspicuously state that, if the offender or public | 981 |
registry-qualified juvenile offender registrant does not verify | 982 |
the current residence, school, institution of higher education, or | 983 |
place of employment address or the delinquent child who is not a | 984 |
public registry-qualified juvenile offender registrant does not | 985 |
verify the current residence address with that sheriff within that | 986 |
seven-day period, the offender or delinquent child will be | 987 |
arrested or taken into custody, as appropriate, and prosecuted or | 988 |
subjected to a delinquent child proceeding for a failure to timely | 989 |
verify a current address and the delinquent child's parent, | 990 |
guardian, or custodian may be prosecuted for a violation of | 991 |
section 2919.24 of the Revised Code based on the delinquent | 992 |
child's failure to timely verify a current residence address. | 993 |
(2) If an offender or delinquent child fails to verify a | 994 |
current residence, school, institution of higher education, or | 995 |
place of employment address, as applicable, as required by | 996 |
divisions (A) to (C) of this section by the date required for the | 997 |
verification as set forth in division (B) of this section, the | 998 |
offender or delinquent child shall not be prosecuted or subjected | 999 |
to a delinquent child proceeding for a violation of division (F) | 1000 |
of this section, and the delinquent child's parent, guardian, or | 1001 |
custodian shall not be prosecuted for a violation of section | 1002 |
2919.24 of the Revised Code based on the delinquent child's | 1003 |
failure to timely verify a current residence address and, if the | 1004 |
delinquent child is a public registry-qualified juvenile offender | 1005 |
registrant, the current school, institution of higher education, | 1006 |
or place of employment address, as applicable, unless the | 1007 |
seven-day period subsequent to that date that the offender or | 1008 |
delinquent child is provided under division (G)(1) of this section | 1009 |
to verify the current address has expired and the offender or | 1010 |
delinquent child, prior to the expiration of that seven-day | 1011 |
period, has not verified the current address. Upon the expiration | 1012 |
of the seven-day period that the offender or delinquent child is | 1013 |
provided under division (G)(1) of this section to verify the | 1014 |
current address, if the offender or delinquent child has not | 1015 |
verified the current address, all of the following apply: | 1016 |
(b) The sheriff with whom the offender or delinquent child is | 1022 |
required to verify the current residence, school, institution of | 1023 |
higher education, or place of employment address, as applicable, | 1024 |
the sheriff of the county in which the offender or delinquent | 1025 |
child resides, the sheriff of the county in which is located the | 1026 |
offender's or public registry-qualified juvenile offender | 1027 |
registrant's school, institution of higher education, or place of | 1028 |
employment address that was to be verified, or a deputy of the | 1029 |
appropriate sheriff, shall locate the offender or delinquent | 1030 |
child, promptly shall seek a warrant for the arrest or taking into | 1031 |
custody, as appropriate, of the offender or delinquent child for | 1032 |
the violation of division (F) of this section and shall arrest the | 1033 |
offender or take the child into custody, as appropriate. | 1034 |
(H) An offender or public registry-qualified juvenile | 1041 |
offender registrant who is required to verify the offender's or | 1042 |
public registry-qualified juvenile offender registrant's current | 1043 |
residence, school, institution of higher education, or place of | 1044 |
employment address pursuant to divisions (A) to (C) of this | 1045 |
section and a delinquent child who is not a public | 1046 |
registry-qualified juvenile offender registrant who is required to | 1047 |
verify the delinquent child's current residence address pursuant | 1048 |
to those divisions shall do so for the period of time specified in | 1049 |
section 2950.07 of the Revised Code. | 1050 |
Sec. 2950.081. (A) Any statements, information, photographs, | 1051 |
fingerprints, or materials that are required to be provided, and | 1052 |
that are provided, by an offender or delinquent child pursuant to | 1053 |
section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code | 1054 |
and that are in the possession of a county sheriff and all | 1055 |
summaries described in division (D) of section 2950.112 of the | 1056 |
Revised Code that are in the possession of a county sheriff are | 1057 |
public records open to public inspection under section 149.43 of | 1058 |
the Revised Code and shall be included in the internet sex | 1059 |
offender and child-victim offender database established and | 1060 |
maintained under section 2950.13 of the Revised Code to the extent | 1061 |
provided in that section. | 1062 |
(B) Except when the child is classified a public | 1063 |
registry-qualified juvenile offender registrant, the sheriff shall | 1064 |
not cause to be publicly disseminated by means of the internet any | 1065 |
statements, information, photographs, fingerprints, or materials | 1066 |
that are provided by a delinquent child who sends a notice of | 1067 |
intent to reside, registers, provides notice of a change of | 1068 |
residence address and registers the new residence address, or | 1069 |
provides verification of a current residence address pursuant to | 1070 |
this chapter and that are in the possession of a county sheriff. | 1071 |
(C) If a sheriff establishes on the internet a sex offender | 1072 |
and child-victim offender database for the public dissemination of | 1073 |
some or all of the materials that are described in division (A) of | 1074 |
this section, that are not prohibited from inclusion by division | 1075 |
(B) of this section, and that pertain to offenders or delinquent | 1076 |
children who register in the sheriff's county, in addition to all | 1077 |
of the other information and materials included, the sheriff shall | 1078 |
include in the database a chart describing which sexually oriented | 1079 |
offenses and child-victim oriented offenses are included in the | 1080 |
definitions of tier I sex offender/child-victim offender, tier II | 1081 |
sex offender/child-victim offender, and tier III sex | 1082 |
offender/child-victim offender and for each offender or delinquent | 1083 |
child in relation to whom information and materials are provided a | 1084 |
statement as to whether the offender or delinquent child is a tier | 1085 |
I sex offender/child-victim offendersoffender, a tier II sex | 1086 |
offender/child-victim offendersoffender, or a tier III sex | 1087 |
offender/child-victim offendersoffender. | 1088 |
Sec. 2950.11. (A) Regardless of when the sexually oriented | 1089 |
offense or child-victim oriented offense was committed, if a | 1090 |
person is convicted of, pleads guilty to, has been convicted of, | 1091 |
or has pleaded guilty to a sexually oriented offense or a | 1092 |
child-victim oriented offense or a person is or has been | 1093 |
adjudicated a delinquent child for committing a sexually oriented | 1094 |
offense or a child-victim oriented offense and is classified a | 1095 |
juvenile offender registrant or is an out-of-state juvenile | 1096 |
offender registrant based on that adjudication, and if the | 1097 |
offender or delinquent child is in any category specified in | 1098 |
division (F)(1)(a), (b), or (c) of this section, the sheriff with | 1099 |
whom the offender or delinquent child has most recently registered | 1100 |
under section 2950.04, 2950.041, or 2950.05 of the Revised Code | 1101 |
and, the sheriff to whom the offender or delinquent child most | 1102 |
recently sent a notice of intent to reside under section 2950.04 | 1103 |
or 2950.041 of the Revised Code, and the sheriff with whom the | 1104 |
offender or delinquent child most recently verified a residence | 1105 |
address pursuant to section 2950.06 of the Revised Code, within | 1106 |
the period of time specified in division (C)(D) of this section, | 1107 |
shall provide a written notice containing the information set | 1108 |
forth in division (B) of this section to all of the persons | 1109 |
described in divisions (A)(1) to (10) of this section. If the | 1110 |
sheriff has sent a notice to the persons described in those | 1111 |
divisions as a result of receiving a notice of intent to reside | 1112 |
and if the offender or delinquent child registers a residence | 1113 |
address that is the same residence address described in the notice | 1114 |
of intent to reside, the sheriff is not required to send an | 1115 |
additional notice when the offender or delinquent child registers. | 1116 |
The sheriff shall provide the notice to all of the following | 1117 |
persons: | 1118 |
(c) The building manager, or the person the building owner or | 1135 |
condominium unit owners association authorizes to exercise | 1136 |
management and control, of each multi-unit building that is | 1137 |
located within one thousand feet of the offender's or delinquent | 1138 |
child's residential premises, including a multi-unit building in | 1139 |
which the offender or delinquent child resides, and that is | 1140 |
located within the county served by the sheriff. In addition to | 1141 |
notifying the building manager or the person authorized to | 1142 |
exercise management and control in the multi-unit building under | 1143 |
this division, the sheriff shall post a copy of the notice | 1144 |
prominently in each common entryway in the building and any other | 1145 |
location in the building the sheriff determines appropriate. The | 1146 |
manager or person exercising management and control of the | 1147 |
building shall permit the sheriff to post copies of the notice | 1148 |
under this division as the sheriff determines appropriate. In lieu | 1149 |
of posting copies of the notice as described in this division, a | 1150 |
sheriff may provide notice to all occupants of the multi-unit | 1151 |
building by mail or personal contact; if the sheriff so notifies | 1152 |
all the occupants, the sheriff is not required to post copies of | 1153 |
the notice in the common entryways to the building. Division | 1154 |
(D)(3) of this section applies regarding notices required under | 1155 |
this division. | 1156 |
(C) If a sheriff with whom an offender or delinquent child | 1244 |
registers under section 2950.04, 2950.041, or 2950.05 of the | 1245 |
Revised Code or, to whom thean offender or delinquent child most | 1246 |
recently sent a notice of intent to reside under section 2950.04 | 1247 |
or 2950.041 of the Revised Code, or with whom an offender or | 1248 |
delinquent child most recently verified a residence address | 1249 |
pursuant to section 2950.06 of the Revised Code is required by | 1250 |
division (A) of this section to provide notices regarding an | 1251 |
offender or delinquent child and if, pursuant to that requirement, | 1252 |
the sheriff provides a notice to a sheriff of one or more other | 1253 |
counties in accordance with division (A)(8) of this section, the | 1254 |
sheriff of each of the other counties who is provided notice under | 1255 |
division (A)(8) of this section shall provide the notices | 1256 |
described in divisions (A)(1) to (7) and (A)(9) and (10) of this | 1257 |
section to each person or entity identified within those divisions | 1258 |
that is located within the specified geographical notification | 1259 |
area and within the county served by the sheriff in question. | 1260 |
(D)(1) A sheriff required by division (A) or (C) of this | 1261 |
section to provide notices regarding an offender or delinquent | 1262 |
child based on the offender's or delinquent child's sending of a | 1263 |
notice of intent to reside or registration of an address shall | 1264 |
provide the notice to the neighbors that are described in division | 1265 |
(A)(1) of this section and the notices to law enforcement | 1266 |
personnel that are described in divisions (A)(8) and (9) of this | 1267 |
section as soon as practicable, but no later than five days after | 1268 |
the offender sends the notice of intent to reside to the sheriff | 1269 |
and again no later than five days after the offender or delinquent | 1270 |
child registers with the sheriff or, if the sheriff is required by | 1271 |
division (C) of this section to provide the notices, no later than | 1272 |
five days after the sheriff is provided the notice described in | 1273 |
division (A)(8) of this section. | 1274 |
A sheriff required by division (A) or (C) of this section to | 1275 |
provide notices regarding an offender or delinquent child based on | 1276 |
the offender's or delinquent child's sending of a notice of intent | 1277 |
to reside or registration of an address shall provide the notices | 1278 |
to all other specified persons that are described in divisions | 1279 |
(A)(2) to (7) and (A)(10) of this section as soon as practicable, | 1280 |
but not later than seven days after the offender or delinquent | 1281 |
child registers with the sheriff or, if the sheriff is required by | 1282 |
division (C) of this section to provide the notices, no later than | 1283 |
five days after the sheriff is provided the notice described in | 1284 |
division (A)(8) of this section. | 1285 |
A sheriff required by division (A) or (C) of this section to | 1286 |
provide notices regarding an offender or delinquent child based on | 1287 |
the offender's or delinquent child's verification of a residence | 1288 |
address shall provide the notices to the specified persons that | 1289 |
are described in divisions (A)(1) to (10) of this section once | 1290 |
each year after the offender's or delinquent child's verification | 1291 |
that occurs nearest to the anniversary date of the offender's or | 1292 |
delinquent child's initial registration of that residence address. | 1293 |
When required to provide notices regarding an offender or | 1294 |
delinquent child based on the offender's or delinquent child's | 1295 |
verification of a residence address, the sheriff shall provide the | 1296 |
notices as soon as practicable, but not later than seven days | 1297 |
after the offender or delinquent child verifies that address with | 1298 |
the sheriff or, if the sheriff is required by division (C) of this | 1299 |
section to provide the notices, not later than five days after the | 1300 |
sheriff is provided the notice described in division (A)(8) of | 1301 |
this section. | 1302 |
(2) If an offender or delinquent child in relation to whom | 1303 |
division (A) of this section applies verifies the offender's or | 1304 |
delinquent child's current
residence, school, institution of | 1305 |
higher education, or place of employment address, as applicable, | 1306 |
with a sheriff pursuant to section 2950.06 of the Revised Code, | 1307 |
the sheriff may provide a written notice containing the | 1308 |
information set forth in division (B) of this section to the | 1309 |
persons identified in divisions (A)(1) to (10) of this section. If | 1310 |
a sheriff provides a notice pursuant to this division to the | 1311 |
sheriff of one or more other counties in accordance with division | 1312 |
(A)(8) of this section, the sheriff of each of the other counties | 1313 |
who is provided the notice under division (A)(8) of this section | 1314 |
may provide, but is not required to provide, a written notice | 1315 |
containing the information set forth in division (B) of this | 1316 |
section to the persons identified in divisions (A)(1) to (7) and | 1317 |
(A)(9) and (10) of this section. | 1318 |
(3) A sheriff may provide notice under division (A)(1)(a) or | 1319 |
(b) of this section, and may provide notice under division | 1320 |
(A)(1)(c) of this section to a building manager or person | 1321 |
authorized to exercise management and control of a building, by | 1322 |
mail, by personal contact, or by leaving the notice at or under | 1323 |
the entry door to a residential unit. For purposes of divisions | 1324 |
(A)(1)(a) and (b) of this section, and the portion of division | 1325 |
(A)(1)(c) of this section relating to the provision of notice to | 1326 |
occupants of a multi-unit building by mail or personal contact, | 1327 |
the provision of one written notice per unit is deemed as | 1328 |
providing notice to all occupants of that unit. | 1329 |
(b)(2) The delinquent child is a tier III sex | 1353 |
offender/child-victim offender who is not a public-registry | 1354 |
qualifiedpublic registry-qualified juvenile offender registrant, | 1355 |
the delinquent child was subjected to this section prior to the | 1356 |
effective date of this amendmentJanuary 1, 2008, as a sexual | 1357 |
predator, habitual sex offender, child-victim predator, or | 1358 |
habitual child-victim offender, as those terms were defined in | 1359 |
section 2950.01 of the Revised Code as it existed prior to the | 1360 |
effective date of this amendmentJanuary 1, 2008, and a juvenile | 1361 |
court has not removed pursuant to section 2152.84 or 2152.85 of | 1362 |
the Revised Code the delinquent child's duty to comply with | 1363 |
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 1364 |
Code. | 1365 |
(c)(3) The delinquent child is a tier III sex | 1366 |
offender/child-victim offender who is not a public | 1367 |
registry-qualified juvenile offender registrant, the delinquent | 1368 |
child was classified a juvenile offender registrant on or after | 1369 |
the effective date of this amendmentJanuary 1, 2008, the court | 1370 |
has imposed a requirement under section 2152.82, 2152.83, or | 1371 |
2152.84 of the Revised Code subjecting the delinquent child to | 1372 |
this section, and a juvenile court has not removed pursuant to | 1373 |
section 2152.84 or 2152.85 of the Revised Code the delinquent | 1374 |
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 1375 |
and 2950.06 of the Revised Code. | 1376 |
(2) The notification provisions of this section do not apply | 1377 |
to a person described in division (F)(1)(a), (b), or (c) of this | 1378 |
section if a court finds at a hearing after considering the | 1379 |
factors described in this division that the person would not be | 1380 |
subject to the notification provisions of this section that were | 1381 |
in the version of this section that existed immediately prior to | 1382 |
the effective date of this amendment. In making the determination | 1383 |
of whether a person would have been subject to the notification | 1384 |
provisions under prior law as described in this division, the | 1385 |
court shall consider the following factors: | 1386 |
(G)(1) The department of job and family services shall | 1427 |
compile, maintain, and update in January and July of each year, a | 1428 |
list of all agencies, centers, or homes of a type described in | 1429 |
division (A)(2) or (6) of this section that contains the name of | 1430 |
each agency, center, or home of that type, the county in which it | 1431 |
is located, its address and telephone number, and the name of an | 1432 |
administrative officer or employee of the agency, center, or home.
| 1433 |
(2) The department of education shall compile, maintain, and | 1434 |
update in January and July of each year, a list of all boards of | 1435 |
education, schools, or programs of a type described in division | 1436 |
(A)(3), (4), or (5) of this section that contains the name of each | 1437 |
board of education, school, or program of that type, the county in | 1438 |
which it is located, its address and telephone number, the name of | 1439 |
the superintendent of the board or of an administrative officer or | 1440 |
employee of the school or program, and, in relation to a board of | 1441 |
education, the county or counties in which each of its schools is | 1442 |
located and the address of each such school. | 1443 |
(4) A sheriff required by division (A) or (C) of this | 1451 |
section, or authorized by division (D)(2) of this section, to | 1452 |
provide notices regarding an offender or delinquent child, or a | 1453 |
designee of a sheriff of that type, may request the department of | 1454 |
job and family services, department of education, or Ohio board of | 1455 |
regents, by telephone, in person, or by mail, to provide the | 1456 |
sheriff or designee with the names, addresses, and telephone | 1457 |
numbers of the appropriate persons and entities to whom the | 1458 |
notices described in divisions (A)(2) to (7) of this section are | 1459 |
to be provided. Upon receipt of a request, the department or board | 1460 |
shall provide the requesting sheriff or designee with the names, | 1461 |
addresses, and telephone numbers of the appropriate persons and | 1462 |
entities to whom those notices are to be provided. | 1463 |
(H)(1) Upon the motion of the offender or the prosecuting | 1464 |
attorney of the county in which the offender was convicted of or | 1465 |
pleaded guilty to the sexually oriented offense or child-victim | 1466 |
oriented offense for which the offender is subject to community | 1467 |
notification under this section, or upon the motion of the | 1468 |
sentencing judge or that judge's successor in office, the judge | 1469 |
may schedule a hearing to determine whether the interests of | 1470 |
justice would be served by suspending the community notification | 1471 |
requirement under this section in relation to the offender. The | 1472 |
judge may dismiss the motion without a hearing but may not issue | 1473 |
an order suspending the community notification requirement without | 1474 |
a hearing. At the hearing, all parties are entitled to be heard, | 1475 |
and the judge shall consider all of the factors set forth in | 1476 |
division (K) of this section. If, at the conclusion of the | 1477 |
hearing, the judge finds that the offender has proven by clear and | 1478 |
convincing evidence that the offender is unlikely to commit in the | 1479 |
future a sexually oriented offense or a child-victim oriented | 1480 |
offense and if the judge finds that suspending the community | 1481 |
notification requirement is in the interests of justice, the judge | 1482 |
may suspend the application of this section in relation to the | 1483 |
offender. The order shall contain both of these findings. | 1484 |
(2) A prosecuting attorney, a sentencing judge or that | 1494 |
judge's successor in office, and an offender who is subject to the | 1495 |
community notification requirement under this section may | 1496 |
initially make a motion under division (H)(1) of this section upon | 1497 |
the expiration of twenty years after the offender's duty to comply | 1498 |
with division (A)(2), (3), or (4) of section 2950.04, division | 1499 |
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and | 1500 |
2950.06 of the Revised Code begins in relation to the offense for | 1501 |
which the offender is subject to community notification. After the | 1502 |
initial making of a motion under division (H)(1) of this section, | 1503 |
thereafter, the prosecutor, judge, and offender may make a | 1504 |
subsequent motion under that division upon the expiration of five | 1505 |
years after the judge has entered an order denying the initial | 1506 |
motion or the most recent motion made under that division. | 1507 |
(I) If a person is convicted of, pleads guilty to, has been | 1538 |
convicted of, or has pleaded guilty to a sexually oriented offense | 1539 |
or a child-victim oriented offense or a person is or has been | 1540 |
adjudicated a delinquent child for committing a sexually oriented | 1541 |
offense or a child-victim oriented offense and is classified a | 1542 |
juvenile offender registrant or is an out-of-state juvenile | 1543 |
offender registrant based on that adjudication, and if the | 1544 |
offender or delinquent child is not in any category specified in | 1545 |
division (F)(1)(a), (b), or (c) of this section, the sheriff with | 1546 |
whom the offender or delinquent child has most recently registered | 1547 |
under section 2950.04, 2950.041, or 2950.05 of the Revised Code | 1548 |
and the sheriff to whom the offender or delinquent child most | 1549 |
recently sent a notice of intent to reside under section 2950.04 | 1550 |
or 2950.041 of the Revised Code, within the period of time | 1551 |
specified in division (D) of this section, shall provide a written | 1552 |
notice containing the information set forth in division (B) of | 1553 |
this section to the executive director of the public children | 1554 |
services agency that has jurisdiction within the specified | 1555 |
geographical notification area and that is located within the | 1556 |
county served by the sheriff. | 1557 |
(J) Each sheriff shall allow a volunteer organization or | 1558 |
other organization, company, or individual who wishes to receive | 1559 |
the notice described in division (A)(10) of this section regarding | 1560 |
a specific offender or delinquent child or notice regarding all | 1561 |
offenders and delinquent children who are located in the specified | 1562 |
geographical notification area to notify the sheriff by electronic | 1563 |
mail or through the sheriff's web site of this election. The | 1564 |
sheriff shall promptly inform the bureau of criminal | 1565 |
identification and investigation of these requests in accordance | 1566 |
with the forwarding procedures adopted by the attorney general | 1567 |
pursuant to section 2950.13 of the Revised Code. | 1568 |
(1) At any time after the registration, provision of the | 1622 |
notice, or verification, the sheriff with whom the offender or | 1623 |
delinquent child so registered or to whom the offender or | 1624 |
delinquent child so provided the notice or verified the current | 1625 |
address, or a designee of that sheriff, may contact a person who | 1626 |
owns, leases, or otherwise has custody, control, or supervision of | 1627 |
the premises at the address provided by the offender or delinquent | 1628 |
child in the registration, the notice, or the verification and | 1629 |
request that the person confirm or deny that the offender or | 1630 |
delinquent child currently resides at that address. | 1631 |
(B) Division (A) of this section applies regarding any public | 1642 |
or private residential premises, including, but not limited to, a | 1643 |
private residence, a multi-unit residential facility, a halfway | 1644 |
house, a homeless shelter, or any other type of residential | 1645 |
premises. Division (A) of this section does not apply regarding an | 1646 |
offender's registration, provision of notice of a change in, or | 1647 |
verification of a school, institution of higher education, or | 1648 |
place of employment address pursuant to section 2950.04, 2950.041, | 1649 |
2950.05, or 2950.06 of the Revised Code. | 1650 |
(C) A sheriff or designee of a sheriff may attempt to confirm | 1651 |
that an offender or delinquent child who registers a residence | 1652 |
address, provides notice of a change of any residence address, or | 1653 |
verifies a current residence address as described in division (A) | 1654 |
of this section currently resides at the address in question in | 1655 |
manners other than the manner provided in this section, subject to | 1656 |
section 2950.112 of the Revised Code. A sheriff or designee of a | 1657 |
sheriff is not limited in the number of requests that may be made | 1658 |
under this section regarding any registration, provision of | 1659 |
notice, or verification, or in the number of times that the | 1660 |
sheriff or designee may attempt to confirm, in manners other than | 1661 |
the manner provided in this section, that an offender or | 1662 |
delinquent child currently resides at the address in question. | 1663 |
If an offender or delinquent child who is a tier III sex | 1672 |
offender/child-victim offender verifies a current residence | 1673 |
address pursuant to section 2950.06 of the Revised Code, except as | 1674 |
otherwise provided in this division, the sheriff with whom the | 1675 |
offender or delinquent child so verified the current residence | 1676 |
address or a designee of that sheriff shall confirm in accordance | 1677 |
with division (A)(2) of this section that the offender or | 1678 |
delinquent child actually resides at the address so verified by | 1679 |
the offender or delinquent child. When an offender or delinquent | 1680 |
child who is a tier III sex offender/child-victim offender | 1681 |
verifies a current residence address pursuant to section 2950.06 | 1682 |
of the Revised Code, the sheriff or designee is not required to | 1683 |
confirm that the offender or delinquent child actually resides at | 1684 |
the address so verified if, within the preceding ninety days, the | 1685 |
sheriff or a designee has confirmed in accordance with division | 1686 |
(A)(2) or (B)(1) of this section that the offender or delinquent | 1687 |
child actually resides at that address. | 1688 |
(C) If a sheriff or designee, in attempting pursuant to | 1735 |
division (A)(2), (B)(1), or (B)(2) of this section to confirm that | 1736 |
an offender or delinquent child actually resides at a residence | 1737 |
address the offender or delinquent child registered or verified as | 1738 |
described in division (A) of this section, determines that the | 1739 |
offender or delinquent child does not reside at that address, the | 1740 |
offender or delinquent child shall be considered to be in | 1741 |
violation of division (E) of section 2950.04, division (E) of | 1742 |
section 2950.041, division (F)(2) of section 2950.05, or division | 1743 |
(F) of section 2950.06 of the Revised Code, whichever is | 1744 |
applicable. | 1745 |
(1) No later than July 1, 1997, establish and maintain a | 1762 |
state registry of sex offenders and child-victim offenders that is | 1763 |
housed at the bureau of criminal identification and investigation | 1764 |
and that contains all of the registration, change of residence, | 1765 |
school, institution of higher education, or place of employment | 1766 |
address, and verification information the bureau receives pursuant | 1767 |
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 1768 |
Code regarding each person who is convicted of, pleads guilty to, | 1769 |
has been convicted of, or has pleaded guilty to a sexually | 1770 |
oriented offense or a child-victim oriented offense and each | 1771 |
person who is or has been adjudicated a delinquent child for | 1772 |
committing a sexually oriented offense or a child-victim oriented | 1773 |
offense and is classified a juvenile offender registrant or is an | 1774 |
out-of-state juvenile offender registrant based on that | 1775 |
adjudication, all of the information the bureau receives pursuant | 1776 |
to section 2950.14 of the Revised Code, and any notice of an order | 1777 |
terminating or modifying an offender's or delinquent child's duty | 1778 |
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of | 1779 |
the Revised Code the bureau receives pursuant to section 2152.84, | 1780 |
2152.85, or 2950.15 of the Revised Code. For a person who was | 1781 |
convicted of or pleaded guilty to the sexually oriented offense or | 1782 |
child-victim related offense, the registry also shall indicate | 1783 |
whether the person was convicted of or pleaded guilty to the | 1784 |
offense in a criminal prosecution or in a serious youthful | 1785 |
offender case. The registry shall not be open to inspection by the | 1786 |
public or by any person other than a person identified in division | 1787 |
(A) of section 2950.08 of the Revised Code. In addition to the | 1788 |
information and material previously identified in this division, | 1789 |
the registry shall include all of the following regarding each | 1790 |
person who is listed in the registry: | 1791 |
(3) In consultation with local law enforcement | 1837 |
representatives, adopt rules for the implementation and | 1838 |
administration of the provisions contained in section 2950.11 of | 1839 |
the Revised Code that pertain to the notification of neighbors of | 1840 |
an offender or a delinquent child who has committed a sexually | 1841 |
oriented offense or a child-victim oriented offense and and is in | 1842 |
a category specified in division (F)(1) of that section and rules | 1843 |
that prescribe a manner in which victims of a sexually oriented | 1844 |
offense or a child-victim oriented offense committed by an | 1845 |
offender or a delinquent child who is in a category specified in | 1846 |
division (B)(1) of section 2950.10 of the Revised Code may make a | 1847 |
request that specifies that the victim would like to be provided | 1848 |
the notices described in divisions (A)(1) and (2) of section | 1849 |
2950.10 of the Revised Code; | 1850 |
(4) In consultation with local law enforcement | 1851 |
representatives and through the bureau of criminal identification | 1852 |
and investigation, prescribe the forms to be used by judges and | 1853 |
officials pursuant to section 2950.03 or 2950.032 of the Revised | 1854 |
Code to advise offenders and delinquent children of their duties | 1855 |
of filing a notice of intent to reside, registration, notification | 1856 |
of a change of residence, school, institution of higher education, | 1857 |
or place of employment address and registration of the new, | 1858 |
school, institution of higher education, or place of employment | 1859 |
address, as applicable, and address verification under sections | 1860 |
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and | 1861 |
prescribe the forms to be used by sheriffs relative to those | 1862 |
duties of filing a notice of intent to reside, registration, | 1863 |
change of residence, school, institution of higher education, or | 1864 |
place of employment address notification, and address | 1865 |
verification; | 1866 |
(9) In consultation with the director of education, the | 1886 |
director of job and family services, and the director of | 1887 |
rehabilitation and correction, adopt rules that contain guidelines | 1888 |
to be followed by boards of education of a school district, | 1889 |
chartered nonpublic schools or other schools not operated by a | 1890 |
board of education, preschool programs, child day-care centers, | 1891 |
type A family day-care homes, certified type B family day-care | 1892 |
homes, and institutions of higher education regarding the proper | 1893 |
use and administration of information received pursuant to section | 1894 |
2950.11 of the Revised Code relative to an offender or delinquent | 1895 |
child who has committed a sexually oriented offense or a | 1896 |
child-victim oriented offense and is in a category specified in | 1897 |
division (F)(1) of that section; | 1898 |
(11) Through the bureau of criminal identification and | 1905 |
investigation, not later than January 1, 2004, establish and | 1906 |
operate on the internet a sex offender and child-victim offender | 1907 |
database that contains information for every offender who has | 1908 |
committed a sexually oriented offense or a child-victim oriented | 1909 |
offense and registers in any county in this state pursuant to | 1910 |
section 2950.04 or 2950.041 of the Revised Code and for every | 1911 |
delinquent child who has committed a sexually oriented offense, is | 1912 |
a public registry-qualified juvenile offender registrant, and | 1913 |
registers in any county in this state pursuant to either such | 1914 |
section. The bureau shall not include on the database the identity | 1915 |
of any offender's or public registry-qualified juvenile offender | 1916 |
registrant's victim, any offender's or public registry-qualified | 1917 |
juvenile offender registrant's social security number, the name of | 1918 |
any school or institution of higher education attended by any | 1919 |
offender or public registry-qualified juvenile offender | 1920 |
registrant, the name of the place of employment of any offender or | 1921 |
public registry-qualified juvenile offender registrant, any | 1922 |
tracking or identification number described in division (A)(1)(f) | 1923 |
of this section, or any information described in division (C)(7) | 1924 |
of section 2950.04 or 2950.041 of the Revised Code. The bureau | 1925 |
shall provide on the database, for each offender and each public | 1926 |
registry-qualified juvenile offender registrant, at least the | 1927 |
information specified in divisions (A)(11)(a) to (h) of this | 1928 |
section. Otherwise, the bureau shall determine the information to | 1929 |
be provided on the database for each offender and public | 1930 |
registry-qualified juvenile offender registrant and shall obtain | 1931 |
that information from the information contained in the state | 1932 |
registry of sex offenders and child-victim offenders described in | 1933 |
division (A)(1) of this section, which information, while in the | 1934 |
possession of the sheriff who provided it, is a public record open | 1935 |
for inspection as described in section 2950.081 of the Revised | 1936 |
Code. The database is a public record open for inspection under | 1937 |
section 149.43 of the Revised Code, and it shall be searchable by | 1938 |
offender or public registry-qualified juvenile offender registrant | 1939 |
name, by county, by zip code, and by school district. The database | 1940 |
shall provide a link to the web site of each sheriff who has | 1941 |
established and operates on the internet a sex offender and | 1942 |
child-victim offender database that contains information for | 1943 |
offenders and public registry-qualified juvenile offender | 1944 |
registrants who register in that county pursuant to section | 1945 |
2950.04 or 2950.041 of the Revised Code, with the link being a | 1946 |
direct link to the sex offender and child-victim offender database | 1947 |
for the sheriff. The bureau shall provide on the database, for | 1948 |
each offender and public registry-qualified juvenile offender | 1949 |
registrant, at least the following information: | 1950 |
(12) Develop software to be used by sheriffs in establishing | 1976 |
on the internet a sex offender and child-victim offender database | 1977 |
for the public dissemination of some or all of the information and | 1978 |
materials described in division (A) of section 2950.081 of the | 1979 |
Revised Code that are public records under that division, that are | 1980 |
not prohibited from inclusion by division (B) of that section, and | 1981 |
that pertain to offenders and public registry-qualified juvenile | 1982 |
offender registrants who register in the sheriff's county pursuant | 1983 |
to section 2950.04 or 2950.041 of the Revised Code and for the | 1984 |
public dissemination of information the sheriff receives pursuant | 1985 |
to section 2950.14 of the Revised Code and, upon the request of | 1986 |
any sheriff, provide technical guidance to the requesting sheriff | 1987 |
in establishing on the internet such a database; | 1988 |
(13) Through the bureau of criminal identification and | 1989 |
investigation, not later than January 1, 2004, establish and | 1990 |
operate on the internet a database that enables local law | 1991 |
enforcement representatives to remotely search by electronic means | 1992 |
the state registry of sex offenders and child-victim offenders | 1993 |
described in division (A)(1) of this section and any information | 1994 |
and materials the bureau receives pursuant to sections 2950.04, | 1995 |
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The | 1996 |
database shall enable local law enforcement representatives to | 1997 |
obtain detailed information regarding each offender and delinquent | 1998 |
child who is included in the registry, including, but not limited | 1999 |
to the offender's or delinquent child's name, aliases, residence | 2000 |
address, name and address of any place of employment, school, | 2001 |
institution of higher education, if applicable, license plate | 2002 |
number of each vehicle identified in division (C)(5) of section | 2003 |
2950.04 or 2950.041 of the Revised Code to the extent applicable, | 2004 |
victim preference if available, date of most recent release from | 2005 |
confinement if applicable, fingerprints, and palmprints, all of | 2006 |
the information and material described in
divisiondivisions | 2007 |
(A)(1)(a) to (h) of this section regarding the offender or | 2008 |
delinquent child, and other identification parameters the bureau | 2009 |
considers appropriate. The database is not a public record open | 2010 |
for inspection under section 149.43 of the Revised Code and shall | 2011 |
be available only to law enforcement representatives as described | 2012 |
in this division. Information obtained by local law enforcement | 2013 |
representatives through use of this database is not open to | 2014 |
inspection by the public or by any person other than a person | 2015 |
identified in division (A) of section 2950.08 of the Revised Code. | 2016 |
(15) Through the bureau of criminal identification and | 2025 |
investigation, establish and operate a system for the immediate | 2026 |
notification by electronic means of the appropriate officials in | 2027 |
other states specified in this division each time an offender or | 2028 |
delinquent child registers a residence, school, institution of | 2029 |
higher education, or place of employment address under section | 2030 |
2950.04 or 2950.041 of the revisedRevised Code or provides a | 2031 |
notice of a change of address or registers a new address under | 2032 |
division (A) or (B) of section 2950.05 of the Revised Code. The | 2033 |
immediate notification by electronic means shall be provided to | 2034 |
the appropriate officials in each state in which the offender or | 2035 |
delinquent child is required to register a residence, school, | 2036 |
institution of higher education, or place of employment address. | 2037 |
The notification shall contain the offender's or delinquent | 2038 |
child's name and all of the information the bureau receives from | 2039 |
the sheriff with whom the offender or delinquent child registered | 2040 |
the address or provided the notice of change of address or | 2041 |
registered the new address; | 2042 |