As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 237

Senator Smith 

Cosponsors: Senators Cafaro, Morano, Miller, D., Goodman, Turner, Seitz, Fedor, Strahorn 

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A BILL

To amend sections 2950.06, 2950.10, 2950.11, and

1

2950.13 of the Revised Code to apply SORN Law

2

victim notification and community notification to

3

specified offenders or delinquent children who

4

verify their registered residence address and for

5

whom such notifications previously have not been

6

provided and to revise the criteria for subjecting

7

offenders and delinquent children to SORN Law

8

community notification.

9

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

Section 1.  That sections 2950.06, 2950.10, 2950.11, and	10
2950.13 of the Revised Code be amended to read as follows:	11

Sec. 2950.06.  (A) An offender or delinquent child who is	12
required to register a residence address pursuant to division	13
(A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised	14
Code shall periodically verify the offender's or delinquent	15
child's current residence address, and an offender or public	16
registry-qualified juvenile offender registrant who is required to	17
register a school, institution of higher education, or place of	18
employment address pursuant to any of those divisions shall	19
periodically verify the address of the offender's or public	20
registry-qualified juvenile offender registrant's current school,	21
institution of higher education, or place of employment, in	22
accordance with this section. The frequency of verification shall	23
be determined in accordance with division (B) of this section, and	24
the manner of verification shall be determined in accordance with	25
division (C) of this section.	26

(B) The frequency with which an offender or delinquent child	27
must verify the offender's or delinquent child's current	28
residence, school, institution of higher education, or place of	29
employment address pursuant to division (A) of this section shall	30
be determined as follows:	31

(1) Regardless of when the sexually oriented offense or	32
child-victim oriented offense for which the offender or delinquent	33
child is required to register was committed, if the offender or	34
delinquent child is a tier I sex offender/child-victim offender,	35
the offender shall verify the offender's current residence address	36
or current school, institution of higher education, or place of	37
employment address, and the delinquent child shall verify the	38
delinquent child's current residence address, in accordance with	39
division (C) of this section on each anniversary of the offender's	40
or delinquent child's initial registration date during the period	41
the offender or delinquent child is required to register.	42

(2) Regardless of when the sexually oriented offense or	43
child-victim oriented offense for which the offender or delinquent	44
child is required to register was committed, if the offender or	45
delinquent child is a tier II sex offender/child-victim offender,	46
the offender shall verify the offender's current residence address	47
or current school, institution of higher education, or place of	48
employment address, and the delinquent child shall verify the	49
delinquent child's current residence address, in accordance with	50
division (C) of this section every one hundred eighty days after	51
the offender's or delinquent child's initial registration date	52
during the period the offender or delinquent child is required to	53
register.	54

(3) Regardless of when the sexually oriented offense or	55
child-victim oriented offense for which the offender or delinquent	56
child is required to register was committed, if the offender or	57
delinquent child is a tier III sex offender/child-victim offender,	58
the offender shall verify the offender's current residence address	59
or current school, institution of higher education, or place of	60
employment address, and the delinquent child shall verify the	61
delinquent child's current residence address and, if the	62
delinquent child is a public registry-qualified juvenile offender	63
registrant, the current school, institution of higher education,	64
or place of employment address, in accordance with division (C) of	65
this section every ninety days after the offender's or delinquent	66
child's initial registration date during the period the offender	67
or delinquent child is required to register.	68

(4) If, prior to January 1, 2008, an offender or delinquent	69
child registered with a sheriff under a duty imposed under section	70
2950.04 or 2950.041 of the Revised Code as a result of a	71
conviction of, plea of guilty to, or adjudication as a delinquent	72
child for committing a sexually oriented offense or a child-victim	73
oriented offense as those terms were defined in section 2950.01 of	74
the Revised Code prior to January 1, 2008, the duty to register	75
that is imposed on the offender or delinquent child pursuant to	76
section 2950.04 or 2950.041 of the Revised Code on and after	77
January 1, 2008, is a continuation of the duty imposed upon the	78
offender prior to January 1, 2008, under section 2950.04 or	79
2950.041 of the Revised Code and, for purposes of divisions	80
(B)(1), (2), and (3) of this section, the offender's initial	81
registration date related to that offense is the date on which the	82
offender initially registered under section 2950.04 or 2950.041 of	83
the Revised Code.	84

(C)(1) An offender or delinquent child who is required to	85
verify the offender's or delinquent child's current residence,	86
school, institution of higher education, or place of employment	87
address pursuant to division (A) of this section shall verify the	88
address with the sheriff with whom the offender or delinquent	89
child most recently registered the address by personally appearing	90
before the sheriff or a designee of the sheriff, no earlier than	91
ten days before the date on which the verification is required	92
pursuant to division (B) of this section and no later than the	93
date so required for verification, and completing and signing a	94
copy of the verification form prescribed by the bureau of criminal	95
identification and investigation. The sheriff or designee shall	96
sign the completed form and indicate on the form the date on which	97
it is so completed. The verification required under this division	98
is complete when the offender or delinquent child personally	99
appears before the sheriff or designee and completes and signs the	100
form as described in this division.	101

(2) To facilitate the verification of an offender's or	102
delinquent child's current residence, school, institution of	103
higher education, or place of employment address, as applicable,	104
under division (C)(1) of this section, the sheriff with whom the	105
offender or delinquent child most recently registered the address	106
may mail a nonforwardable verification form prescribed by the	107
bureau of criminal identification and investigation to the	108
offender's or delinquent child's last reported address and to the	109
last reported address of the parents of the delinquent child, with	110
a notice that conspicuously states that the offender or delinquent	111
child must personally appear before the sheriff or a designee of	112
the sheriff to complete the form and the date by which the form	113
must be so completed. Regardless of whether a sheriff mails a form	114
to an offender or delinquent child and that child's parents, each	115
offender or delinquent child who is required to verify the	116
offender's or delinquent child's current residence, school,	117
institution of higher education, or place of employment address,	118
as applicable, pursuant to division (A) of this section shall	119
personally appear before the sheriff or a designee of the sheriff	120
to verify the address in accordance with division (C)(1) of this	121
section.	122

(D) The verification form to be used under division (C) of	123
this section shall contain all of the following:	124

(1) Except as provided in division (D)(2) of this section,	125
the current residence address of the offender or delinquent child,	126
the name and address of the offender's or delinquent child's	127
employer if the offender or delinquent child is employed at the	128
time of verification or if the offender or delinquent child knows	129
at the time of verification that the offender or delinquent child	130
will be commencing employment with that employer subsequent to	131
verification, the name and address of the offender's or public	132
registry-qualified juvenile offender registrant's school or	133
institution of higher education if the offender or public	134
registry-qualified juvenile offender registrant attends one at the	135
time of verification or if the offender or public	136
registry-qualified juvenile offender registrant knows at the time	137
of verification that the offender will be commencing attendance at	138
that school or institution subsequent to verification, and any	139
other information required by the bureau of criminal	140
identification and investigation.	141

(2) Regarding an offender or public registry-qualified	142
juvenile offender registrant who is verifying a current school,	143
institution of higher education, or place of employment address,	144
the name and current address of the school, institution of higher	145
education, or place of employment of the offender or public	146
registry-qualified juvenile offender registrant and any other	147
information required by the bureau of criminal identification and	148
investigation.	149

(E)(1) Upon an offender's or delinquent child's personal	150
appearance and completion of a verification form under division	151
(C) of this section, a sheriff promptly shall forward a copy of	152
the verification form to the bureau of criminal identification and	153
investigation in accordance with the forwarding procedures adopted	154
by the attorney general pursuant to section 2950.13 of the Revised	155
Code. If an offender or public registry-qualified juvenile	156
offender registrant verifies a school, institution of higher	157
education, or place of employment address, or provides a school or	158
institution of higher education address under division (D)(1) of	159
this section, the sheriff also shall provide notice to the law	160
enforcement agency with jurisdiction over the premises of the	161
school, institution of higher education, or place of employment of	162
the offender's or public registry-qualified juvenile offender	163
registrant's name and that the offender or public	164
registry-qualified juvenile offender registrant has verified or	165
provided that address as a place at which the offender or public	166
registry-qualified juvenile offender registrant attends school or	167
an institution of higher education or at which the offender or	168
public registry-qualified juvenile offender registrant is	169
employed. The bureau shall include all information forwarded to it	170
under this division in the state registry of sex offenders and	171
child-victim offenders established and maintained under section	172
2950.13 of the Revised Code.	173

(2)(a) The first time on or after the effective date of this	174
division that an offender or delinquent child who is in any	175
category specified in division (B)(1) of section 2950.10 or	176
division (F) of section 2950.11 of the Revised Code personally	177
appears and completes a verification form under division (C) of	178
this section that pertains to the offender's or delinquent child's	179
current residence address, the sheriff shall make the	180
determinations and perform the duties specified in divisions	181
(E)(2)(b) and (c) of this section, as applicable.	182

(b) If the offender or delinquent child is in a category	183
specified in division (B)(1) of section 2950.10 of the Revised	184
Code, the sheriff shall determine whether the victim of the	185
sexually oriented offense or child-victim oriented offense that is	186
the basis of the offender's or delinquent child's duty under this	187
section to verify the residence address has made a request in	188
accordance with rules adopted by the attorney general that	189
specifies that the victim would like to be provided the notices	190
described in section 2950.10 of the Revised Code and, if the	191
sheriff determines that the victim has made a request of that	192
nature, determine whether any notice previously has been provided	193
to the victim under that section regarding the offender or	194
delinquent child and the residence address that the offender or	195
delinquent child verified as described in division (E)(2)(a) of	196
this section. If the sheriff determines that the victim has made a	197
request of that nature and that the victim previously has not been	198
provided a notice to the victim under section 2950.10 of the	199
Revised Code regarding the offender or delinquent child and the	200
residence address that the offender or delinquent child verified,	201
the offender or delinquent child is subject to section 2950.10 of	202
the Revised Code, and the sheriff shall provide notice to the	203
victim in accordance with that section regarding the offender or	204
delinquent child and the residence address that the offender or	205
delinquent child verified as described in division (E)(2)(a) of	206
this section. The sheriff is not required to provide a notice to	207
the victim under section 2950.10 of the Revised Code regarding the	208
offender or delinquent child and the residence address that the	209
offender or delinquent child verified other than as described in	210
this division.	211

(c) If the offender or delinquent child is in a category	212
specified in division (F) of section 2950.11 of the Revised Code,	213
the sheriff shall determine whether any notice previously has been	214
provided to the persons identified in divisions (A)(1) to (10) of	215
section 2950.11 of the Revised Code regarding the offender or	216
delinquent child and the residence address that the offender or	217
delinquent child verified as described in division (E)(2)(a) of	218
this section. If the sheriff determines that the persons	219
identified in divisions (A)(1) to (10) of section 2950.11 of the	220
Revised Code previously have not been provided notice under	221
section 2950.11 of the Revised Code regarding the offender or	222
delinquent child and the residence address that the offender or	223
delinquent child verified, the offender or delinquent child is	224
subject to section 2950.11 of the Revised Code, and the sheriff	225
shall provide notice to the persons identified in divisions (A)(1)	226
to (10) of section 2950.11 of the Revised Code in accordance with	227
that section regarding the offender or delinquent child and the	228
residence address that the offender or delinquent child verified	229
as described in division (E)(2)(a) of this section. The sheriff is	230
not required to provide a notice to the persons identified in	231
divisions (A)(1) to (10) of section 2950.11 of the Revised Code in	232
accordance with that section regarding the offender or delinquent	233
child and the residence address that the offender or delinquent	234
child verified other than as described in this division.	235

(F) No person who is required to verify a current residence,	236
school, institution of higher education, or place of employment	237
address, as applicable, pursuant to divisions (A) to (C) of this	238
section shall fail to verify a current residence, school,	239
institution of higher education, or place of employment address,	240
as applicable, in accordance with those divisions by the date	241
required for the verification as set forth in division (B) of this	242
section, provided that no person shall be prosecuted or subjected	243
to a delinquent child proceeding for a violation of this division,	244
and that no parent, guardian, or custodian of a delinquent child	245
shall be prosecuted for a violation of section 2919.24 of the	246
Revised Code based on the delinquent child's violation of this	247
division, prior to the expiration of the period of time specified	248
in division (G) of this section.	249

(G)(1) If an offender or delinquent child fails to verify a	250
current residence, school, institution of higher education, or	251
place of employment address, as applicable, as required by	252
divisions (A) to (C) of this section by the date required for the	253
verification as set forth in division (B) of this section, the	254
sheriff with whom the offender or delinquent child is required to	255
verify the current address, on the day following that date	256
required for the verification, shall send a written warning to the	257
offender or to the delinquent child and that child's parents, at	258
the offender's or delinquent child's and that child's parents'	259
last known residence, school, institution of higher education, or	260
place of employment address, as applicable, regarding the	261
offender's or delinquent child's duty to verify the offender's or	262
delinquent child's current residence, school, institution of	263
higher education, or place of employment address, as applicable.	264

The written warning shall do all of the following:

265

(a) Identify the sheriff who sends it and the date on which	266
it is sent;	267

(b) State conspicuously that the offender or delinquent child	268
has failed to verify the offender's or public registry-qualified	269
juvenile offender registrant's current residence, school,	270
institution of higher education, or place of employment address or	271
the current residence address of a delinquent child who is not a	272
public registry-qualified juvenile offender registrant by the date	273
required for the verification;	274

(c) Conspicuously state that the offender or delinquent child	275
has seven days from the date on which the warning is sent to	276
verify the current residence, school, institution of higher	277
education, or place of employment address, as applicable, with the	278
sheriff who sent the warning;	279

(d) Conspicuously state that a failure to timely verify the	280
specified current address or addresses is a felony offense;	281

(e) Conspicuously state that, if the offender or public	282
registry-qualified juvenile offender registrant verifies the	283
current residence, school, institution of higher education, or	284
place of employment address or the delinquent child who is not a	285
public registry-qualified juvenile offender registrant verifies	286
the current residence address with that sheriff within that	287
seven-day period, the offender or delinquent child will not be	288
prosecuted or subjected to a delinquent child proceeding for a	289
failure to timely verify a current address and the delinquent	290
child's parent, guardian, or custodian will not be prosecuted	291
based on a failure of the delinquent child to timely verify an	292
address;	293

(f) Conspicuously state that, if the offender or public	294
registry-qualified juvenile offender registrant does not verify	295
the current residence, school, institution of higher education, or	296
place of employment address or the delinquent child who is not a	297
public registry-qualified juvenile offender registrant does not	298
verify the current residence address with that sheriff within that	299
seven-day period, the offender or delinquent child will be	300
arrested or taken into custody, as appropriate, and prosecuted or	301
subjected to a delinquent child proceeding for a failure to timely	302
verify a current address and the delinquent child's parent,	303
guardian, or custodian may be prosecuted for a violation of	304
section 2919.24 of the Revised Code based on the delinquent	305
child's failure to timely verify a current residence address.	306

(2) If an offender or delinquent child fails to verify a	307
current residence, school, institution of higher education, or	308
place of employment address, as applicable, as required by	309
divisions (A) to (C) of this section by the date required for the	310
verification as set forth in division (B) of this section, the	311
offender or delinquent child shall not be prosecuted or subjected	312
to a delinquent child proceeding for a violation of division (F)	313
of this section, and the delinquent child's parent, guardian, or	314
custodian shall not be prosecuted for a violation of section	315
2919.24 of the Revised Code based on the delinquent child's	316
failure to timely verify a current residence address and, if the	317
delinquent child is a public registry-qualified juvenile offender	318
registrant, the current school, institution of higher education,	319
or place of employment address, as applicable, unless the	320
seven-day period subsequent to that date that the offender or	321
delinquent child is provided under division (G)(1) of this section	322
to verify the current address has expired and the offender or	323
delinquent child, prior to the expiration of that seven-day	324
period, has not verified the current address. Upon the expiration	325
of the seven-day period that the offender or delinquent child is	326
provided under division (G)(1) of this section to verify the	327
current address, if the offender or delinquent child has not	328
verified the current address, all of the following apply:	329

(a) The sheriff with whom the offender or delinquent child is	330
required to verify the current residence, school, institution of	331
higher education, or place of employment address, as applicable,	332
promptly shall notify the bureau of criminal identification and	333
investigation of the failure.	334

(b) The sheriff with whom the offender or delinquent child is	335
required to verify the current residence, school, institution of	336
higher education, or place of employment address, as applicable,	337
the sheriff of the county in which the offender or delinquent	338
child resides, the sheriff of the county in which is located the	339
offender's or public registry-qualified juvenile offender	340
registrant's school, institution of higher education, or place of	341
employment address that was to be verified, or a deputy of the	342
appropriate sheriff, shall locate the offender or delinquent	343
child, promptly shall seek a warrant for the arrest or taking into	344
custody, as appropriate, of the offender or delinquent child for	345
the violation of division (F) of this section and shall arrest the	346
offender or take the child into custody, as appropriate.	347

(c) The offender or delinquent child is subject to	348
prosecution or a delinquent child proceeding for the violation of	349
division (F) of this section, and the delinquent child's parent,	350
guardian, or custodian may be subject to prosecution for a	351
violation of section 2919.24 of the Revised Code based on the	352
delinquent child's violation of that division.	353

(H) An offender or public registry-qualified juvenile	354
offender registrant who is required to verify the offender's or	355
public registry-qualified juvenile offender registrant's current	356
residence, school, institution of higher education, or place of	357
employment address pursuant to divisions (A) to (C) of this	358
section and a delinquent child who is not a public	359
registry-qualified juvenile offender registrant who is required to	360
verify the delinquent child's current residence address pursuant	361
to those divisions shall do so for the period of time specified in	362
section 2950.07 of the Revised Code.	363

Sec. 2950.10.  (A)(1) Regardless of when the sexually	364
oriented offense or child-victim oriented offense was committed,	365
if a person is convicted of, pleads guilty to, has been convicted	366
of, or has pleaded guilty to a sexually oriented offense or a	367
child-victim oriented offense or a person is or has been	368
adjudicated a delinquent child for committing a sexually oriented	369
offense or a child-victim oriented offense and is classified a	370
juvenile offender registrant or is an out-of-state juvenile	371
offender registrant based on that adjudication, if the offender or	372
delinquent child is in any category specified in division	373
(B)(1)(a), (b), or (c) of this section, if the offender or	374
delinquent child registers with a sheriff pursuant to section	375
2950.04, 2950.041, or 2950.05 of the Revised Code or verifies a	376
residence address with a sheriff pursuant to section 2950.06 of	377
the Revised Code and under division (E)(2) of that section is	378
subject to this section, and if the victim of the sexually	379
oriented offense or child-victim oriented offense has made a	380
request in accordance with rules adopted by the attorney general	381
that specifies that the victim would like to be provided the	382
notices described in this section, the sheriff shall notify the	383
victim of the sexually oriented offense or child-victim oriented	384
offense, in writing, that the offender or delinquent child has	385
registered an address or verified a residence address and shall	386
include in the notice the offender's name and photograph, and the	387
address or addresses of the offender's residence, school,	388
institution of higher education, or place of employment, as	389
applicable, or the delinquent child's name, photograph, and	390
residence address or addresses. The sheriff shall provide the	391
notice required by this division to the victim at the most recent	392
residence address available for that victim and not later than	393
five days after the offender or delinquent child registers with	394
the sheriff or after the sheriff determines pursuant to division	395
(E)(2) of section 2950.06 of the Revised Code that the offender or	396
delinquent child is subject to this section as a result of the	397
verification of a residence address, whichever is applicable.	398

(2) Regardless of when the sexually oriented offense or	399
child-victim oriented offense was committed, if a person is	400
convicted of, pleads guilty to, has been convicted of, or has	401
pleaded guilty to a sexually oriented offense or a child-victim	402
oriented offense or a person is or has been adjudicated a	403
delinquent child for committing a sexually oriented offense or a	404
child-victim oriented offense and is classified a juvenile	405
offender registrant or is an out-of-state juvenile offender	406
registrant based on that adjudication, if the offender or	407
delinquent child is in any category specified in division	408
(B)(1)(a), (b), or (c) of this section, if the offender or	409
delinquent child registers with a sheriff pursuant to section	410
2950.04, 2950.041, or 2950.05 of the Revised Code, if the victim	411
of the sexually oriented offense or child-victim oriented offense	412
has made a request in accordance with rules adopted by the	413
attorney general that specifies that the victim would like to be	414
provided the notices described in this section, and if the	415
offender notifies the sheriff of a change of residence, school,	416
institution of higher education, or place of employment address or	417
the delinquent child notifies the sheriff of a change of residence	418
address pursuant to section 2950.05 of the Revised Code, the	419
sheriff shall notify the victim of the sexually oriented offense	420
or child-victim oriented offense, in writing, that the offender's	421
or delinquent child's address has changed and shall include in the	422
notice the offender's name and photograph, and the new address or	423
addresses of the offender's residence, school, institution of	424
higher education, or place of employment, as applicable, or the	425
delinquent child's name, photograph, and new residence address or	426
addresses. The sheriff shall provide the notice required by this	427
division to the victim at the most recent residence address	428
available for that victim and no later than five days after the	429
offender or delinquent child notifies the sheriff of the change in	430
the offender's or delinquent child's residence, school,	431
institution of higher education, or place of employment address.	432

(3) Regardless of when the sexually oriented offense or	433
child-victim oriented offense was committed, if a person is	434
convicted of, pleads guilty to, has been convicted of, or has	435
pleaded guilty to a sexually oriented offense or a child-victim	436
oriented offense or a person is or has been adjudicated a	437
delinquent child for committing a sexually oriented offense or a	438
child-victim oriented offense and is classified a juvenile	439
offender registrant or is an out-of-state juvenile offender	440
registrant based on that adjudication, and if the offender or	441
delinquent child is in any category specified in division	442
(B)(1)(a), (b), or (c) of this section, the victim of the offense	443
may make a request in accordance with rules adopted by the	444
attorney general pursuant to section 2950.13 of the Revised Code	445
that specifies that the victim would like to be provided the	446
notices described in divisions (A)(1) and (2) of this section. If	447
the victim makes a request in accordance with those rules, the	448
sheriff described in divisions (A)(1) and (2) of this section	449
shall provide the victim with the notices described in those	450
divisions.	451

(4) If a victim makes a request as described in division	452
(A)(3) of this section that specifies that the victim would like	453
to be provided the notices described in divisions (A)(1) and (2)	454
of this section, all information a sheriff obtains regarding the	455
victim from or as a result of the request is confidential, and the	456
information is not a public record open for inspection under	457
section 149.43 of the Revised Code.	458

(5) The notices described in divisions (A)(1) and (2) of this	459
section are in addition to any notices regarding the offender or	460
delinquent child that the victim is entitled to receive under	461
Chapter 2930. of the Revised Code.	462

(B)(1) The duties to provide the notices described in	463
divisions (A)(1) and (2) of this section apply regarding any	464
offender or delinquent child who is in any of the following	465
categories:	466

(a) The offender is a tier III sex offender/child-victim	467
offender relative to the offense described in division (A) of this	468
section for which a victim requested to be provided notice under	469
that division, or the delinquent child is a public	470
registry-qualified juvenile offender registrant, and a juvenile	471
court has not removed pursuant to section 2950.15 of the Revised	472
Code the delinquent child's duty to comply with sections 2950.04,	473
2950.041, 2950.05, and 2950.06 of the Revised Code.	474

(b) The delinquent child is a tier III sex	475
offender/child-victim offender who is not a public-registry	476
qualifiedpublic registry-qualified juvenile offender registrant,	477
the delinquent child was subjected to this section prior to the	478
effective date of this amendment as a sexual predator, habitual	479
sex offender, child-victim predator, or habitual child-victim	480
offender, as those terms were defined in section 2950.01 of the	481
Revised Code as it existed prior to the effective date of this	482
amendmentJanuary 1, 2008, and a juvenile court has not removed	483
pursuant to section 2152.84 or 2152.85 of the Revised Code the	484
delinquent child's duty to comply with sections 2950.04, 2950.041,	485
2950.05, and 2950.06 of the Revised Code.	486

(c) The delinquent child is a tier III sex	487
offender/child-victim offender who is not a public	488
registry-qualified juvenile offender registrant, the delinquent	489
child was classified a juvenile offender registrant on or after	490
the effective date of this amendmentJanuary 1, 2008, the court	491
has imposed a requirement under section 2152.82, 2152.83, or	492
2152.84 of the Revised Code subjecting the delinquent child to	493
this section, and a juvenile court has not removed pursuant to	494
section 2152.84 or 2152.85 of the Revised Code the delinquent	495
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	496
and 2950.06 of the Revised Code.	497

(2) A victim of a sexually oriented offense or of a	498
child-victim oriented offense is not entitled to be provided any	499
notice described in division (A)(1) or (2) of this section unless	500
the offender or delinquent child is in a category specified in	501
division (B)(1)(a), (b), or (c) of this section. A victim of a	502
sexually oriented offense or of a child-victim oriented offense is	503
not entitled to any notice described in division (A)(1) or (2) of	504
this section unless the victim makes a request in accordance with	505
rules adopted by the attorney general pursuant to section 2950.13	506
of the Revised Code that specifies that the victim would like to	507
be provided the notices described in divisions (A)(1) and (2) of	508
this section. This division does not affect any rights of a victim	509
of a sexually oriented offense or child-victim oriented offense to	510
be provided notice regarding an offender or delinquent child that	511
are described in Chapter 2930. of the Revised Code.	512

Sec. 2950.11.  (A) Regardless of when the sexually oriented	513
offense or child-victim oriented offense was committed, if a	514
person is convicted of, pleads guilty to, has been convicted of,	515
or has pleaded guilty to a sexually oriented offense or a	516
child-victim oriented offense or a person is or has been	517
adjudicated a delinquent child for committing a sexually oriented	518
offense or a child-victim oriented offense and is classified a	519
juvenile offender registrant or is an out-of-state juvenile	520
offender registrant based on that adjudication, and if the	521
offender or delinquent child is in any category specified in	522
division (F)(1)(a), (b), or (c) of this section, the sheriff with	523
whom the offender or delinquent child has most recently registered	524
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	525
and, the sheriff to whom the offender or delinquent child most	526
recently sent a notice of intent to reside under section 2950.04	527
or 2950.041 of the Revised Code, and the sheriff with whom the	528
offender or delinquent child verified a residence address pursuant	529
to section 2950.06 of the Revised Code when division (E)(2) of	530
that section subjects the offender or delinquent child to this	531
section, within the period of time specified in division (C)(D) of	532
this section, shall provide a written notice containing the	533
information set forth in division (B) of this section to all of	534
the persons described in divisions (A)(1) to (10) of this section.	535
If the sheriff has sent a notice to the persons described in those	536
divisions as a result of receiving a notice of intent to reside	537
and if the offender or delinquent child registers a residence	538
address that is the same residence address described in the notice	539
of intent to reside, the sheriff is not required to send an	540
additional notice when the offender or delinquent child registers.	541
The sheriff shall provide the notice required under this division	542
to all of the following persons:	543

(1)(a) Any occupant of each residential unit that is located	544
within one thousand feet of the offender's or delinquent child's	545
residential premises, that is located within the county served by	546
the sheriff, and that is not located in a multi-unit building.	547
Division (D)(3) of this section applies regarding notices required	548
under this division.	549

(b) If the offender or delinquent child resides in a	550
multi-unit building, any occupant of each residential unit that is	551
located in that multi-unit building and that shares a common	552
hallway with the offender or delinquent child. For purposes of	553
this division, an occupant's unit shares a common hallway with the	554
offender or delinquent child if the entrance door into the	555
occupant's unit is located on the same floor and opens into the	556
same hallway as the entrance door to the unit the offender or	557
delinquent child occupies. Division (D)(3) of this section applies	558
regarding notices required under this division.	559

(c) The building manager, or the person the building owner or	560
condominium unit owners association authorizes to exercise	561
management and control, of each multi-unit building that is	562
located within one thousand feet of the offender's or delinquent	563
child's residential premises, including a multi-unit building in	564
which the offender or delinquent child resides, and that is	565
located within the county served by the sheriff. In addition to	566
notifying the building manager or the person authorized to	567
exercise management and control in the multi-unit building under	568
this division, the sheriff shall post a copy of the notice	569
prominently in each common entryway in the building and any other	570
location in the building the sheriff determines appropriate. The	571
manager or person exercising management and control of the	572
building shall permit the sheriff to post copies of the notice	573
under this division as the sheriff determines appropriate. In lieu	574
of posting copies of the notice as described in this division, a	575
sheriff may provide notice to all occupants of the multi-unit	576
building by mail or personal contact; if the sheriff so notifies	577
all the occupants, the sheriff is not required to post copies of	578
the notice in the common entryways to the building. Division	579
(D)(3) of this section applies regarding notices required under	580
this division.	581

(d) All additional persons who are within any category of	582
neighbors of the offender or delinquent child that the attorney	583
general by rule adopted under section 2950.13 of the Revised Code	584
requires to be provided the notice and who reside within the	585
county served by the sheriff;	586

(2) The executive director of the public children services	587
agency that has jurisdiction within the specified geographical	588
notification area and that is located within the county served by	589
the sheriff;	590

(3)(a) The superintendent of each board of education of a	591
school district that has schools within the specified geographical	592
notification area and that is located within the county served by	593
the sheriff;	594

(b) The principal of the school within the specified	595
geographical notification area and within the county served by the	596
sheriff that the delinquent child attends;	597

(c) If the delinquent child attends a school outside of the	598
specified geographical notification area or outside of the school	599
district where the delinquent child resides, the superintendent of	600
the board of education of a school district that governs the	601
school that the delinquent child attends and the principal of the	602
school that the delinquent child attends.	603

(4)(a) The appointing or hiring officer of each chartered	604
nonpublic school located within the specified geographical	605
notification area and within the county served by the sheriff or	606
of each other school located within the specified geographical	607
notification area and within the county served by the sheriff and	608
that is not operated by a board of education described in division	609
(A)(3) of this section;	610

(b) Regardless of the location of the school, the appointing	611
or hiring officer of a chartered nonpublic school that the	612
delinquent child attends.	613

(5) The director, head teacher, elementary principal, or site	614
administrator of each preschool program governed by Chapter 3301.	615
of the Revised Code that is located within the specified	616
geographical notification area and within the county served by the	617
sheriff;	618

(6) The administrator of each child day-care center or type A	619
family day-care home that is located within the specified	620
geographical notification area and within the county served by the	621
sheriff, and the provider of each certified type B family day-care	622
home that is located within the specified geographical	623
notification area and within the county served by the sheriff. As	624
used in this division, "child day-care center," "type A family	625
day-care home," and "certified type B family day-care home" have	626
the same meanings as in section 5104.01 of the Revised Code.	627

(7) The president or other chief administrative officer of	628
each institution of higher education, as defined in section	629
2907.03 of the Revised Code, that is located within the specified	630
geographical notification area and within the county served by the	631
sheriff, and the chief law enforcement officer of the state	632
university law enforcement agency or campus police department	633
established under section 3345.04 or 1713.50 of the Revised Code,	634
if any, that serves that institution;	635

(8) The sheriff of each county that includes any portion of	636
the specified geographical notification area;	637

(9) If the offender or delinquent child resides within the	638
county served by the sheriff, the chief of police, marshal, or	639
other chief law enforcement officer of the municipal corporation	640
in which the offender or delinquent child resides or, if the	641
offender or delinquent child resides in an unincorporated area,	642
the constable or chief of the police department or police district	643
police force of the township in which the offender or delinquent	644
child resides;	645

(10) Volunteer organizations in which contact with minors or	646
other vulnerable individuals might occur or any organization,	647
company, or individual who requests notification as provided in	648
division (J) of this section.	649

(B) The notice required under division (A) of this section	650
shall include all of the following information regarding the	651
subject offender or delinquent child:	652

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

653

(2) The address or addresses of the offender's or public	654
registry-qualified juvenile offender registrant's residence,	655
school, institution of higher education, or place of employment,	656
as applicable, or the residence address or addresses of a	657
delinquent child who is not a public registry-qualified juvenile	658
offender registrant;	659

(3) The sexually oriented offense or child-victim oriented	660
offense of which the offender was convicted, to which the offender	661
pleaded guilty, or for which the child was adjudicated a	662
delinquent child;	663

(4) A statement that identifies the category specified in	664
division (F)(1)(a), (b), or (c) of this section that includes the	665
offender or delinquent child and that subjects the offender or	666
delinquent child to this section;	667

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

668

(C) If a sheriff with whom an offender or delinquent child	669
registers under section 2950.04, 2950.041, or 2950.05 of the	670
Revised Code or, to whom the offender or delinquent child most	671
recently sent a notice of intent to reside under section 2950.04	672
or 2950.041 of the Revised Code, or with whom an offender or	673
delinquent child verifies a residence address pursuant to section	674
2950.06 of the Revised Code is required by division (A) of this	675
section to provide notices regarding an offender or delinquent	676
child and if, pursuant to that requirement, the sheriff provides a	677
notice to a sheriff of one or more other counties in accordance	678
with division (A)(8) of this section, the sheriff of each of the	679
other counties who is provided notice under division (A)(8) of	680
this section shall provide the notices described in divisions	681
(A)(1) to (7) and (A)(9) and (10) of this section to each person	682
or entity identified within those divisions that is located within	683
the specified geographical notification area and within the county	684
served by the sheriff in question.	685

(D)(1) A sheriff required by division (A) or (C) of this	686
section to provide notices regarding an offender or delinquent	687
child based on the offender's or delinquent child's sending of a	688
notice of intent to reside or registration of an address shall	689
provide the notice to the neighbors that are described in division	690
(A)(1) of this section and the notices to law enforcement	691
personnel that are described in divisions (A)(8) and (9) of this	692
section as soon as practicable, but no later than five days after	693
the offender sends the notice of intent to reside to the sheriff	694
and again no later than five days after the offender or delinquent	695
child registers with the sheriff or, if the sheriff is required by	696
division (C) of this section to provide the notices, no later than	697
five days after the sheriff is provided the notice described in	698
division (A)(8) of this section.	699

A sheriff required by division (A) or (C) of this section to	700
provide notices regarding an offender or delinquent child based on	701
the offender's or delinquent child's sending of a notice of intent	702
to reside or registration of an address shall provide the notices	703
to all other specified persons that are described in divisions	704
(A)(2) to (7) and (A)(10) of this section as soon as practicable,	705
but not later than seven days after the offender or delinquent	706
child registers with the sheriff or, if the sheriff is required by	707
division (C) of this section to provide the notices, no later than	708
five days after the sheriff is provided the notice described in	709
division (A)(8) of this section.	710

A sheriff required by division (A) of this section to provide	711
notices regarding an offender or delinquent child based on the	712
offender's or delinquent child's verification of a residence	713
address shall provide the notices to the specified persons that	714
are described in divisions (A)(1) to (10) of this section as soon	715
as practicable but not later than seven days after the sheriff	716
determines pursuant to division (E)(2) of section 2950.06 of the	717
Revised Code that the offender or delinquent child is subject to	718
this section, and a sheriff required by division (C) of this	719
section to provide notices regarding an offender or delinquent	720
child based on the offender's or delinquent child's verification	721
of a residence address shall provide the notices described in	722
divisions (A)(1) to (7) and (A)(9) and (10) of this section not	723
later than five days after the sheriff is provided the notice	724
described in division (A)(8) of this section.	725

(2) If an offender or delinquent child in relation to whom	726
division (A) of this section applies verifies the offender's or	727
delinquent child's current residence, school, institution of	728
higher education, or place of employment address, as applicable,	729
with a sheriff pursuant to section 2950.06 of the Revised Code,	730
or if an offender or delinquent child in relation to whom division	731
(A) of this section applies verifies the offender's or delinquent	732
child's current residence address and division (A) of this section	733
does not require that notice be given under this section regarding	734
that verification, the sheriff may provide a written notice	735
containing the information set forth in division (B) of this	736
section to the persons identified in divisions (A)(1) to (10) of	737
this section. If a sheriff provides a notice pursuant to this	738
division to the sheriff of one or more other counties in	739
accordance with division (A)(8) of this section, the sheriff of	740
each of the other counties who is provided the notice under	741
division (A)(8) of this section may provide, but is not required	742
to provide, a written notice containing the information set forth	743
in division (B) of this section to the persons identified in	744
divisions (A)(1) to (7) and (A)(9) and (10) of this section.	745

(3) A sheriff may provide notice under division (A)(1)(a) or	746
(b) of this section, and may provide notice under division	747
(A)(1)(c) of this section to a building manager or person	748
authorized to exercise management and control of a building, by	749
mail, by personal contact, or by leaving the notice at or under	750
the entry door to a residential unit. For purposes of divisions	751
(A)(1)(a) and (b) of this section, and the portion of division	752
(A)(1)(c) of this section relating to the provision of notice to	753
occupants of a multi-unit building by mail or personal contact,	754
the provision of one written notice per unit is deemed as	755
providing notice to all occupants of that unit.	756

(E) All information that a sheriff possesses regarding an	757
offender or delinquent child who is in a category specified in	758
division (F)(1)(a), (b), or (c) of this section that is described	759
in division (B) of this section and that must be provided in a	760
notice required under division (A) or (C) of this section or that	761
may be provided in a notice authorized under division (D)(2) of	762
this section is a public record that is open to inspection under	763
section 149.43 of the Revised Code.	764

The sheriff shall not cause to be publicly disseminated by	765
means of the internet any of the information described in this	766
division that is provided by a delinquent child unless that child	767
is in a category specified in division (F)(1)(a), (b), or (c) of	768
this section.	769

(F)(1) Except as provided in division (F)(2) of this section,	770
theThe duties to provide the notices described in divisions (A)	771
and (C) of this section apply regarding any offender or delinquent	772
child who is in any of the following categories:	773

(a)(1) The offender is a tier III sex offender/child-victim	774
offender, or the delinquent child is a public registry-qualified	775
juvenile offender registrant, and a juvenile court has not removed	776
pursuant to section 2950.15 of the Revised Code the delinquent	777
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	778
and 2950.06 of the Revised Code.	779

(b)(2) The delinquent child is a tier III sex	780
offender/child-victim offender who is not a public-registry	781
qualifiedpublic registry-qualified juvenile offender registrant,	782
the delinquent child was subjected to this section prior to the	783
effective date of this amendmentJanuary 1, 2008, as a sexual	784
predator, habitual sex offender, child-victim predator, or	785
habitual child-victim offender, as those terms were defined in	786
section 2950.01 of the Revised Code as it existed prior to the	787
effective date of this amendmentJanuary 1, 2008, and a juvenile	788
court has not removed pursuant to section 2152.84 or 2152.85 of	789
the Revised Code the delinquent child's duty to comply with	790
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	791
Code.	792

(c)(3) The delinquent child is a tier III sex	793
offender/child-victim offender who is not a public	794
registry-qualified juvenile offender registrant, the delinquent	795
child was classified a juvenile offender registrant on or after	796
the effective date of this amendmentJanuary 1, 2008, the court	797
has imposed a requirement under section 2152.82, 2152.83, or	798
2152.84 of the Revised Code subjecting the delinquent child to	799
this section, and a juvenile court has not removed pursuant to	800
section 2152.84 or 2152.85 of the Revised Code the delinquent	801
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	802
and 2950.06 of the Revised Code.	803

(2) The notification provisions of this section do not apply	804
to a person described in division (F)(1)(a), (b), or (c) of this	805
section if a court finds at a hearing after considering the	806
factors described in this division that the person would not be	807
subject to the notification provisions of this section that were	808
in the version of this section that existed immediately prior to	809
the effective date of this amendment. In making the determination	810
of whether a person would have been subject to the notification	811
provisions under prior law as described in this division, the	812
court shall consider the following factors:	813

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

814

(b) The offender's or delinquent child's prior criminal or	815
delinquency record regarding all offenses, including, but not	816
limited to, all sexual offenses;	817

(c) The age of the victim of the sexually oriented offense	818
for which sentence is to be imposed or the order of disposition is	819
to be made;	820

(d) Whether the sexually oriented offense for which sentence	821
is to be imposed or the order of disposition is to be made	822
involved multiple victims;	823

(e) Whether the offender or delinquent child used drugs or	824
alcohol to impair the victim of the sexually oriented offense or	825
to prevent the victim from resisting;	826

(f) If the offender or delinquent child previously has been	827
convicted of or pleaded guilty to, or been adjudicated a	828
delinquent child for committing an act that if committed by an	829
adult would be, a criminal offense, whether the offender or	830
delinquent child completed any sentence or dispositional order	831
imposed for the prior offense or act and, if the prior offense or	832
act was a sex offense or a sexually oriented offense, whether the	833
offender or delinquent child participated in available programs	834
for sexual offenders;	835

(g) Any mental illness or mental disability of the offender	836
or delinquent child;	837

(h) The nature of the offender's or delinquent child's sexual	838
conduct, sexual contact, or interaction in a sexual context with	839
the victim of the sexually oriented offense and whether the sexual	840
conduct, sexual contact, or interaction in a sexual context was	841
part of a demonstrated pattern of abuse;	842

(i) Whether the offender or delinquent child, during the	843
commission of the sexually oriented offense for which sentence is	844
to be imposed or the order of disposition is to be made, displayed	845
cruelty or made one or more threats of cruelty;	846

(j) Whether the offender or delinquent child would have been	847
a habitual sex offender or a habitual child victim offender under	848
the definitions of those terms set forth in section 2950.01 of the	849
Revised Code as that section existed prior to the effective date	850
of this amendment;	851

(k) Any additional behavioral characteristics that contribute	852
to the offender's or delinquent child's conduct.	853

(G)(1) The department of job and family services shall	854
compile, maintain, and update in January and July of each year, a	855
list of all agencies, centers, or homes of a type described in	856
division (A)(2) or (6) of this section that contains the name of	857
each agency, center, or home of that type, the county in which it	858
is located, its address and telephone number, and the name of an	859
administrative officer or employee of the agency, center, or home.	860

(2) The department of education shall compile, maintain, and	861
update in January and July of each year, a list of all boards of	862
education, schools, or programs of a type described in division	863
(A)(3), (4), or (5) of this section that contains the name of each	864
board of education, school, or program of that type, the county in	865
which it is located, its address and telephone number, the name of	866
the superintendent of the board or of an administrative officer or	867
employee of the school or program, and, in relation to a board of	868
education, the county or counties in which each of its schools is	869
located and the address of each such school.	870

(3) The Ohio board of regents shall compile, maintain, and	871
update in January and July of each year, a list of all	872
institutions of a type described in division (A)(7) of this	873
section that contains the name of each such institution, the	874
county in which it is located, its address and telephone number,	875
and the name of its president or other chief administrative	876
officer.	877

(4) A sheriff required by division (A) or (C) of this	878
section, or authorized by division (D)(2) of this section, to	879
provide notices regarding an offender or delinquent child, or a	880
designee of a sheriff of that type, may request the department of	881
job and family services, department of education, or Ohio board of	882
regents, by telephone, in person, or by mail, to provide the	883
sheriff or designee with the names, addresses, and telephone	884
numbers of the appropriate persons and entities to whom the	885
notices described in divisions (A)(2) to (7) of this section are	886
to be provided. Upon receipt of a request, the department or board	887
shall provide the requesting sheriff or designee with the names,	888
addresses, and telephone numbers of the appropriate persons and	889
entities to whom those notices are to be provided.	890

(H)(1) Upon the motion of the offender or the prosecuting	891
attorney of the county in which the offender was convicted of or	892
pleaded guilty to the sexually oriented offense or child-victim	893
oriented offense for which the offender is subject to community	894
notification under this section, or upon the motion of the	895
sentencing judge or that judge's successor in office, the judge	896
may schedule a hearing to determine whether the interests of	897
justice would be served by suspending the community notification	898
requirement under this section in relation to the offender. The	899
judge may dismiss the motion without a hearing but may not issue	900
an order suspending the community notification requirement without	901
a hearing. At the hearing, all parties are entitled to be heard,	902
and the judge shall consider all of the factors set forth in	903
division (K) of this section. If, at the conclusion of the	904
hearing, the judge finds that the offender has proven by clear and	905
convincing evidence that the offender is unlikely to commit in the	906
future a sexually oriented offense or a child-victim oriented	907
offense and if the judge finds that suspending the community	908
notification requirement is in the interests of justice, the judge	909
may suspend the application of this section in relation to the	910
offender. The order shall contain both of these findings.	911

The judge promptly shall serve a copy of the order upon the	912
sheriff with whom the offender most recently registered under	913
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	914
the bureau of criminal identification and investigation.	915

An order suspending the community notification requirement	916
does not suspend or otherwise alter an offender's duties to comply	917
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	918
Revised Code and does not suspend the victim notification	919
requirement under section 2950.10 of the Revised Code.	920

(2) A prosecuting attorney, a sentencing judge or that	921
judge's successor in office, and an offender who is subject to the	922
community notification requirement under this section may	923
initially make a motion under division (H)(1) of this section upon	924
the expiration of twenty years after the offender's duty to comply	925
with division (A)(2), (3), or (4) of section 2950.04, division	926
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	927
2950.06 of the Revised Code begins in relation to the offense for	928
which the offender is subject to community notification. After the	929
initial making of a motion under division (H)(1) of this section,	930
thereafter, the prosecutor, judge, and offender may make a	931
subsequent motion under that division upon the expiration of five	932
years after the judge has entered an order denying the initial	933
motion or the most recent motion made under that division.	934

(3) The offender and the prosecuting attorney have the right	935
to appeal an order approving or denying a motion made under	936
division (H)(1) of this section.	937

(4) Divisions (H)(1) to (3) of this section do not apply to	938
any of the following types of offender:	939

(a) A person who is convicted of or pleads guilty to a	940
violent sex offense or designated homicide, assault, or kidnapping	941
offense and who, in relation to that offense, is adjudicated a	942
sexually violent predator;	943

(b) A person who is convicted of or pleads guilty to a	944
sexually oriented offense that is a violation of division	945
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	946
after January 2, 2007, and either who is sentenced under section	947
2971.03 of the Revised Code or upon whom a sentence of life	948
without parole is imposed under division (B) of section 2907.02 of	949
the Revised Code;	950

(c) A person who is convicted of or pleads guilty to a	951
sexually oriented offense that is attempted rape committed on or	952
after January 2, 2007, and who also is convicted of or pleads	953
guilty to a specification of the type described in section	954
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	955

(d) A person who is convicted of or pleads guilty to an	956
offense described in division (B)(3)(a), (b), (c), or (d) of	957
section 2971.03 of the Revised Code and who is sentenced for that	958
offense pursuant to that division;	959

(e) An offender who is in a category specified in division	960
(F)(1)(a), (b), or (c) of this section and who, subsequent to	961
being subjected to community notification, has pleaded guilty to	962
or been convicted of a sexually oriented offense or child-victim	963
oriented offense.	964

(I) If a person is convicted of, pleads guilty to, has been	965
convicted of, or has pleaded guilty to a sexually oriented offense	966
or a child-victim oriented offense or a person is or has been	967
adjudicated a delinquent child for committing a sexually oriented	968
offense or a child-victim oriented offense and is classified a	969
juvenile offender registrant or is an out-of-state juvenile	970
offender registrant based on that adjudication, and if the	971
offender or delinquent child is not in any category specified in	972
division (F)(1)(a), (b), or (c) of this section, the sheriff with	973
whom the offender or delinquent child has most recently registered	974
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	975
and the sheriff to whom the offender or delinquent child most	976
recently sent a notice of intent to reside under section 2950.04	977
or 2950.041 of the Revised Code, within the period of time	978
specified in division (D) of this section, shall provide a written	979
notice containing the information set forth in division (B) of	980
this section to the executive director of the public children	981
services agency that has jurisdiction within the specified	982
geographical notification area and that is located within the	983
county served by the sheriff.	984

(J) Each sheriff shall allow a volunteer organization or	985
other organization, company, or individual who wishes to receive	986
the notice described in division (A)(10) of this section regarding	987
a specific offender or delinquent child or notice regarding all	988
offenders and delinquent children who are located in the specified	989
geographical notification area to notify the sheriff by electronic	990
mail or through the sheriff's web site of this election. The	991
sheriff shall promptly inform the bureau of criminal	992
identification and investigation of these requests in accordance	993
with the forwarding procedures adopted by the attorney general	994
pursuant to section 2950.13 of the Revised Code.	995

(K) In making a determination under division (H)(1) of this	996
section as to whether to suspend the community notification	997
requirement under this section for an offender, the judge shall	998
consider all relevant factors, including, but not limited to, all	999
of the following:	1000

(1) The offender's age;

1001

(2) The offender's prior criminal or delinquency record	1002
regarding all offenses, including, but not limited to, all	1003
sexually oriented offenses or child-victim oriented offenses;	1004

(3) The age of the victim of the sexually oriented offense or	1005
child-victim oriented offense the offender committed;	1006

(4) Whether the sexually oriented offense or child-victim	1007
oriented offense the offender committed involved multiple victims;	1008

(5) Whether the offender used drugs or alcohol to impair the	1009
victim of the sexually oriented offense or child-victim oriented	1010
offense the offender committed or to prevent the victim from	1011
resisting;	1012

(6) If the offender previously has been convicted of, pleaded	1013
guilty to, or been adjudicated a delinquent child for committing	1014
an act that if committed by an adult would be a criminal offense,	1015
whether the offender completed any sentence or dispositional order	1016
imposed for the prior offense or act and, if the prior offense or	1017
act was a sexually oriented offense or a child-victim oriented	1018
offense, whether the offender or delinquent child participated in	1019
available programs for sex offenders or child-victim offenders;	1020

(7) Any mental illness or mental disability of the offender;

1021

(8) The nature of the offender's sexual conduct, sexual	1022
contact, or interaction in a sexual context with the victim of the	1023
sexually oriented offense the offender committed or the nature of	1024
the offender's interaction in a sexual context with the victim of	1025
the child-victim oriented offense the offender committed,	1026
whichever is applicable, and whether the sexual conduct, sexual	1027
contact, or interaction in a sexual context was part of a	1028
demonstrated pattern of abuse;	1029

(9) Whether the offender, during the commission of the	1030
sexually oriented offense or child-victim oriented offense the	1031
offender committed, displayed cruelty or made one or more threats	1032
of cruelty;	1033

(10) Any additional behavioral characteristics that	1034
contribute to the offender's conduct.	1035

(L) As used in this section, "specified geographical	1036
notification area" means the geographic area or areas within which	1037
the attorney general, by rule adopted under section 2950.13 of the	1038
Revised Code, requires the notice described in division (B) of	1039
this section to be given to the persons identified in divisions	1040
(A)(2) to (8) of this section.	1041

Sec. 2950.13.  (A) The attorney general shall do all of the	1042
following:	1043

(1) No later than July 1, 1997, establish and maintain a	1044
state registry of sex offenders and child-victim offenders that is	1045
housed at the bureau of criminal identification and investigation	1046
and that contains all of the registration, change of residence,	1047
school, institution of higher education, or place of employment	1048
address, and verification information the bureau receives pursuant	1049
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1050
Code regarding each person who is convicted of, pleads guilty to,	1051
has been convicted of, or has pleaded guilty to a sexually	1052
oriented offense or a child-victim oriented offense and each	1053
person who is or has been adjudicated a delinquent child for	1054
committing a sexually oriented offense or a child-victim oriented	1055
offense and is classified a juvenile offender registrant or is an	1056
out-of-state juvenile offender registrant based on that	1057
adjudication, all of the information the bureau receives pursuant	1058
to section 2950.14 of the Revised Code, and any notice of an order	1059
terminating or modifying an offender's or delinquent child's duty	1060
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1061
the Revised Code the bureau receives pursuant to section 2152.84,	1062
2152.85, or 2950.15 of the Revised Code. For a person who was	1063
convicted of or pleaded guilty to the sexually oriented offense or	1064
child-victim related offense, the registry also shall indicate	1065
whether the person was convicted of or pleaded guilty to the	1066
offense in a criminal prosecution or in a serious youthful	1067
offender case. The registry shall not be open to inspection by the	1068
public or by any person other than a person identified in division	1069
(A) of section 2950.08 of the Revised Code. In addition to the	1070
information and material previously identified in this division,	1071
the registry shall include all of the following regarding each	1072
person who is listed in the registry:	1073

(a) A citation for, and the name of, all sexually oriented	1074
offenses or child-victim oriented offenses of which the person was	1075
convicted, to which the person pleaded guilty, or for which the	1076
person was adjudicated a delinquent child and that resulted in a	1077
registration duty, and the date on which those offenses were	1078
committed;	1079

(b) The text of the sexually oriented offenses or	1080
child-victim oriented offenses identified in division (A)(1)(a) of	1081
this section as those offenses existed at the time the person was	1082
convicted of, pleaded guilty to, or was adjudicated a delinquent	1083
child for committing those offenses, or a link to a database that	1084
sets forth the text of those offenses;	1085

(c) A statement as to whether the person is a tier I sex	1086
offender/child-victim offender, a tier II sex	1087
offender/child-victim offender, or a tier III sex	1088
offender/child-victim offender for the sexually oriented offenses	1089
or child-victim oriented offenses identified in division (A)(1)(a)	1090
of this section;	1091

(d) The community supervision status of the person,	1092
including, but not limited to, whether the person is serving a	1093
community control sanction and the nature of any such sanction,	1094
whether the person is under supervised release and the nature of	1095
the release, or regarding a juvenile, whether the juvenile is	1096
under any type of release authorized under Chapter 2152. or 5139.	1097
of the Revised Code and the nature of any such release;	1098

(e) The offense and delinquency history of the person, as	1099
determined from information gathered or provided under sections	1100
109.57 and 2950.14 of the Revised Code;	1101

(f) The bureau of criminal identification and investigation	1102
tracking number assigned to the person if one has been so	1103
assigned, the federal bureau of investigation number assigned to	1104
the person if one has been assigned and the bureau of criminal	1105
identification and investigation is aware of the number, and any	1106
other state identification number assigned to the person of which	1107
the bureau is aware;	1108

(g) Fingerprints and palmprints of the person;

1109

(h) A DNA specimen, as defined in section 109.573 of the	1110
Revised Code, from the person;	1111

(i) Whether the person has any outstanding arrest warrants;

1112

(j) Whether the person is in compliance with the person's	1113
duties under this chapter.	1114

(2) In consultation with local law enforcement	1115
representatives and no later than July 1, 1997, adopt rules that	1116
contain guidelines necessary for the implementation of this	1117
chapter;	1118

(3) In consultation with local law enforcement	1119
representatives, adopt rules for the implementation and	1120
administration of the provisions contained in section 2950.11 of	1121
the Revised Code that pertain to the notification of neighbors of	1122
an offender or a delinquent child who has committed a sexually	1123
oriented offense or a child-victim oriented offense and and is in	1124
a category specified in division (F)(1) of that section and rules	1125
that prescribe a manner in which victims of a sexually oriented	1126
offense or a child-victim oriented offense committed by an	1127
offender or a delinquent child who is in a category specified in	1128
division (B)(1) of section 2950.10 of the Revised Code may make a	1129
request that specifies that the victim would like to be provided	1130
the notices described in divisions (A)(1) and (2) of section	1131
2950.10 of the Revised Code;	1132

(4) In consultation with local law enforcement	1133
representatives and through the bureau of criminal identification	1134
and investigation, prescribe the forms to be used by judges and	1135
officials pursuant to section 2950.03 or 2950.032 of the Revised	1136
Code to advise offenders and delinquent children of their duties	1137
of filing a notice of intent to reside, registration, notification	1138
of a change of residence, school, institution of higher education,	1139
or place of employment address and registration of the new,	1140
school, institution of higher education, or place of employment	1141
address, as applicable, and address verification under sections	1142
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	1143
prescribe the forms to be used by sheriffs relative to those	1144
duties of filing a notice of intent to reside, registration,	1145
change of residence, school, institution of higher education, or	1146
place of employment address notification, and address	1147
verification;	1148

(5) Make copies of the forms prescribed under division (A)(4)	1149
of this section available to judges, officials, and sheriffs;	1150

(6) Through the bureau of criminal identification and	1151
investigation, provide the notifications, the information and	1152
materials, and the documents that the bureau is required to	1153
provide to appropriate law enforcement officials and to the	1154
federal bureau of investigation pursuant to sections 2950.04,	1155
2950.041, 2950.05, and 2950.06 of the Revised Code;	1156

(7) Through the bureau of criminal identification and	1157
investigation, maintain the verification forms returned under the	1158
address verification mechanism set forth in section 2950.06 of the	1159
Revised Code;	1160

(8) In consultation with representatives of the officials,	1161
judges, and sheriffs, adopt procedures for officials, judges, and	1162
sheriffs to use to forward information, photographs, and	1163
fingerprints to the bureau of criminal identification and	1164
investigation pursuant to the requirements of sections 2950.03,	1165
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	1166
Code;	1167

(9) In consultation with the director of education, the	1168
director of job and family services, and the director of	1169
rehabilitation and correction, adopt rules that contain guidelines	1170
to be followed by boards of education of a school district,	1171
chartered nonpublic schools or other schools not operated by a	1172
board of education, preschool programs, child day-care centers,	1173
type A family day-care homes, certified type B family day-care	1174
homes, and institutions of higher education regarding the proper	1175
use and administration of information received pursuant to section	1176
2950.11 of the Revised Code relative to an offender or delinquent	1177
child who has committed a sexually oriented offense or a	1178
child-victim oriented offense and is in a category specified in	1179
division (F)(1) of that section;	1180

(10) In consultation with local law enforcement	1181
representatives and no later than July 1, 1997, adopt rules that	1182
designate a geographic area or areas within which the notice	1183
described in division (B) of section 2950.11 of the Revised Code	1184
must be given to the persons identified in divisions (A)(2) to (8)	1185
and (A)(10) of that section;	1186

(11) Through the bureau of criminal identification and	1187
investigation, not later than January 1, 2004, establish and	1188
operate on the internet a sex offender and child-victim offender	1189
database that contains information for every offender who has	1190
committed a sexually oriented offense or a child-victim oriented	1191
offense and registers in any county in this state pursuant to	1192
section 2950.04 or 2950.041 of the Revised Code and for every	1193
delinquent child who has committed a sexually oriented offense, is	1194
a public registry-qualified juvenile offender registrant, and	1195
registers in any county in this state pursuant to either such	1196
section. The bureau shall not include on the database the identity	1197
of any offender's or public registry-qualified juvenile offender	1198
registrant's victim, any offender's or public registry-qualified	1199
juvenile offender registrant's social security number, the name of	1200
any school or institution of higher education attended by any	1201
offender or public registry-qualified juvenile offender	1202
registrant, the name of the place of employment of any offender or	1203
public registry-qualified juvenile offender registrant, any	1204
tracking or identification number described in division (A)(1)(f)	1205
of this section, or any information described in division (C)(7)	1206
of section 2950.04 or 2950.041 of the Revised Code. The bureau	1207
shall provide on the database, for each offender and each public	1208
registry-qualified juvenile offender registrant, at least the	1209
information specified in divisions (A)(11)(a) to (h) of this	1210
section. Otherwise, the bureau shall determine the information to	1211
be provided on the database for each offender and public	1212
registry-qualified juvenile offender registrant and shall obtain	1213
that information from the information contained in the state	1214
registry of sex offenders and child-victim offenders described in	1215
division (A)(1) of this section, which information, while in the	1216
possession of the sheriff who provided it, is a public record open	1217
for inspection as described in section 2950.081 of the Revised	1218
Code. The database is a public record open for inspection under	1219
section 149.43 of the Revised Code, and it shall be searchable by	1220
offender or public registry-qualified juvenile offender registrant	1221
name, by county, by zip code, and by school district. The database	1222
shall provide a link to the web site of each sheriff who has	1223
established and operates on the internet a sex offender and	1224
child-victim offender database that contains information for	1225
offenders and public registry-qualified juvenile offender	1226
registrants who register in that county pursuant to section	1227
2950.04 or 2950.041 of the Revised Code, with the link being a	1228
direct link to the sex offender and child-victim offender database	1229
for the sheriff. The bureau shall provide on the database, for	1230
each offender and public registry-qualified juvenile offender	1231
registrant, at least the following information:	1232

(a) The information described in divisions (A)(1)(a), (b),	1233
(c), and (d) of this section relative to the offender or public	1234
registry-qualified juvenile offender registrant;	1235

(b) The address of the offender's or public	1236
registry-qualified juvenile offender registrant's school,	1237
institution of higher education, or place of employment provided	1238
in a registration form;	1239

(c) The information described in division (C)(6) of section	1240
2950.04 or 2950.041 of the Revised Code;	1241

(d) A chart describing which sexually oriented offenses and	1242
child-victim oriented offenses are included in the definitions of	1243
tier I sex offender/child-victim offender, tier II sex	1244
offender/child-victim offender, and tier III sex	1245
offender/child-victim offender;	1246

(e) Fingerprints and palm printspalmprints of the offender	1247
or public registry-qualified juvenile offender registrant and a	1248
DNA specimen from the offender or public registry-qualified	1249
juvenile offender registrant;	1250

(f) The information set forth in division (B) of section	1251
2950.11 of the Revised Code;	1252

(g) Any outstanding arrest warrants for the offender or	1253
public registry-qualified juvenile offender registrant;	1254

(h) The offender's or public registry-qualified juvenile	1255
offender registrant's compliance status with duties under this	1256
chapter.	1257

(12) Develop software to be used by sheriffs in establishing	1258
on the internet a sex offender and child-victim offender database	1259
for the public dissemination of some or all of the information and	1260
materials described in division (A) of section 2950.081 of the	1261
Revised Code that are public records under that division, that are	1262
not prohibited from inclusion by division (B) of that section, and	1263
that pertain to offenders and public registry-qualified juvenile	1264
offender registrants who register in the sheriff's county pursuant	1265
to section 2950.04 or 2950.041 of the Revised Code and for the	1266
public dissemination of information the sheriff receives pursuant	1267
to section 2950.14 of the Revised Code and, upon the request of	1268
any sheriff, provide technical guidance to the requesting sheriff	1269
in establishing on the internet such a database;	1270

(13) Through the bureau of criminal identification and	1271
investigation, not later than January 1, 2004, establish and	1272
operate on the internet a database that enables local law	1273
enforcement representatives to remotely search by electronic means	1274
the state registry of sex offenders and child-victim offenders	1275
described in division (A)(1) of this section and any information	1276
and materials the bureau receives pursuant to sections 2950.04,	1277
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	1278
database shall enable local law enforcement representatives to	1279
obtain detailed information regarding each offender and delinquent	1280
child who is included in the registry, including, but not limited	1281
to the offender's or delinquent child's name, aliases, residence	1282
address, name and address of any place of employment, school,	1283
institution of higher education, if applicable, license plate	1284
number of each vehicle identified in division (C)(5) of section	1285
2950.04 or 2950.041 of the Revised Code to the extent applicable,	1286
victim preference if available, date of most recent release from	1287
confinement if applicable, fingerprints, and palmprints, all of	1288
the information and material described in divisiondivisions	1289
(A)(1)(a) to (h) of this section regarding the offender or	1290
delinquent child, and other identification parameters the bureau	1291
considers appropriate. The database is not a public record open	1292
for inspection under section 149.43 of the Revised Code and shall	1293
be available only to law enforcement representatives as described	1294
in this division. Information obtained by local law enforcement	1295
representatives through use of this database is not open to	1296
inspection by the public or by any person other than a person	1297
identified in division (A) of section 2950.08 of the Revised Code.	1298

(14) Through the bureau of criminal identification and	1299
investigation, maintain a list of requests for notice about a	1300
specified offender or delinquent child or specified geographical	1301
notification area made pursuant to division (J) of section 2950.11	1302
of the Revised Code and, when an offender or delinquent child	1303
changes residence to another county, forward any requests for	1304
information about that specific offender or delinquent child to	1305
the appropriate sheriff;	1306

(15) Through the bureau of criminal identification and	1307
investigation, establish and operate a system for the immediate	1308
notification by electronic means of the appropriate officials in	1309
other states specified in this division each time an offender or	1310
delinquent child registers a residence, school, institution of	1311
higher education, or place of employment address under section	1312
2950.04 or 2950.041 of the revisedRevised Code or provides a	1313
notice of a change of address or registers a new address under	1314
division (A) or (B) of section 2950.05 of the Revised Code. The	1315
immediate notification by electronic means shall be provided to	1316
the appropriate officials in each state in which the offender or	1317
delinquent child is required to register a residence, school,	1318
institution of higher education, or place of employment address.	1319
The notification shall contain the offender's or delinquent	1320
child's name and all of the information the bureau receives from	1321
the sheriff with whom the offender or delinquent child registered	1322
the address or provided the notice of change of address or	1323
registered the new address.	1324

(B) The attorney general in consultation with local law	1325
enforcement representatives, may adopt rules that establish one or	1326
more categories of neighbors of an offender or delinquent child	1327
who, in addition to the occupants of residential premises and	1328
other persons specified in division (A)(1) of section 2950.11 of	1329
the Revised Code, must be given the notice described in division	1330
(B) of that section.	1331

(C) No person, other than a local law enforcement	1332
representative, shall knowingly do any of the following:	1333

(1) Gain or attempt to gain access to the database	1334
established and operated by the attorney general, through the	1335
bureau of criminal identification and investigation, pursuant to	1336
division (A)(13) of this section.	1337

(2) Permit any person to inspect any information obtained	1338
through use of the database described in division (C)(1) of this	1339
section, other than as permitted under that division.	1340

(D) As used in this section, "local law enforcement	1341
representatives" means representatives of the sheriffs of this	1342
state, representatives of the municipal chiefs of police and	1343
marshals of this state, and representatives of the township	1344
constables and chiefs of police of the township police departments	1345
or police district police forces of this state.	1346

Section 2.  That existing sections 2950.06, 2950.10, 2950.11,	1347
and 2950.13 of the Revised Code are hereby repealed.	1348