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To amend sections 2950.01, 2950.03, 2950.04, | 1 |
2950.041, and 2950.05 of the Revised Code to | 2 |
require that a registrant under the Sex Offender | 3 |
Registration and Notification Law who does not | 4 |
have a fixed residence address provide a detailed | 5 |
description of the places at which the registrant | 6 |
intends to stay upon initial registration and, if | 7 |
the registrant is a Tier III registrant, a | 8 |
predator, or in another specified category, be | 9 |
monitored by an active global positioning system | 10 |
device until the registrant acquires a fixed | 11 |
residence address. | 12 |
Section 1. That sections 2950.01, 2950.03, 2950.04, 2950.041, | 13 |
and 2950.05 of the Revised Code be amended to read as follows: | 14 |
Sec. 2950.01. As used in this chapter, unless the context | 15 |
clearly requires otherwise: | 16 |
(A) "Sexually oriented offense" means any of the following | 17 |
violations or offenses committed by a person, regardless of the | 18 |
person's age: | 19 |
(1) A violation of section 2907.02, 2907.03, 2907.05, | 20 |
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322, | 21 |
or 2907.323 of the Revised Code; | 22 |
(2) A violation of section 2907.04 of the Revised Code when | 23 |
the offender is less than four years older than the other person | 24 |
with whom the offender engaged in sexual conduct, the other person | 25 |
did not consent to the sexual conduct, and the offender previously | 26 |
has not been convicted of or pleaded guilty to a violation of | 27 |
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a | 28 |
violation of former section 2907.12 of the Revised Code; | 29 |
(3) A violation of section 2907.04 of the Revised Code when | 30 |
the offender is at least four years older than the other person | 31 |
with whom the offender engaged in sexual conduct or when the | 32 |
offender is less than four years older than the other person with | 33 |
whom the offender engaged in sexual conduct and the offender | 34 |
previously has been convicted of or pleaded guilty to a violation | 35 |
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a | 36 |
violation of former section 2907.12 of the Revised Code; | 37 |
(4) A violation of section 2903.01, 2903.02, or 2903.11 of | 38 |
the Revised Code when the violation was committed with a sexual | 39 |
motivation; | 40 |
(5) A violation of division (A) of section 2903.04 of the | 41 |
Revised Code when the offender committed or attempted to commit | 42 |
the felony that is the basis of the violation with a sexual | 43 |
motivation; | 44 |
(6) A violation of division (A)(3) of section 2903.211 of the | 45 |
Revised Code; | 46 |
(7) A violation of division (A)(1), (2), (3), or (5) of | 47 |
section 2905.01 of the Revised Code when the offense is committed | 48 |
with a sexual motivation; | 49 |
(8) A violation of division (A)(4) of section 2905.01 of the | 50 |
Revised Code; | 51 |
(9) A violation of division (B) of section 2905.01 of the | 52 |
Revised Code when the victim of the offense is under eighteen | 53 |
years of age and the offender is not a parent of the victim of the | 54 |
offense; | 55 |
(10) A violation of division (B) of section 2905.02, of | 56 |
division (B) of section 2905.03, of division (B) of section | 57 |
2905.05, or of division (B)(5) of section 2919.22 of the Revised | 58 |
Code; | 59 |
(11) A violation of any former law of this state, any | 60 |
existing or former municipal ordinance or law of another state or | 61 |
the United States, any existing or former law applicable in a | 62 |
military court or in an Indian tribal court, or any existing or | 63 |
former law of any nation other than the United States that is or | 64 |
was substantially equivalent to any offense listed in division | 65 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this | 66 |
section; | 67 |
(12) Any attempt to commit, conspiracy to commit, or | 68 |
complicity in committing any offense listed in division (A)(1), | 69 |
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this | 70 |
section. | 71 |
(B)(1) "Sex offender" means, subject to division (B)(2) of | 72 |
this section, a person who is convicted of, pleads guilty to, has | 73 |
been convicted of, has pleaded guilty to, is adjudicated a | 74 |
delinquent child for committing, or has been adjudicated a | 75 |
delinquent child for committing any sexually oriented offense. | 76 |
(2) "Sex offender" does not include a person who is convicted | 77 |
of, pleads guilty to, has been convicted of, has pleaded guilty | 78 |
to, is adjudicated a delinquent child for committing, or has been | 79 |
adjudicated a delinquent child for committing a sexually oriented | 80 |
offense if the offense involves consensual sexual conduct or | 81 |
consensual sexual contact and either of the following applies: | 82 |
(a) The victim of the sexually oriented offense was eighteen | 83 |
years of age or older and at the time of the sexually oriented | 84 |
offense was not under the custodial authority of the person who is | 85 |
convicted of, pleads guilty to, has been convicted of, has pleaded | 86 |
guilty to, is adjudicated a delinquent child for committing, or | 87 |
has been adjudicated a delinquent child for committing the | 88 |
sexually oriented offense. | 89 |
(b) The victim of the offense was thirteen years of age or | 90 |
older, and the person who is convicted of, pleads guilty to, has | 91 |
been convicted of, has pleaded guilty to, is adjudicated a | 92 |
delinquent child for committing, or has been adjudicated a | 93 |
delinquent child for committing the sexually oriented offense is | 94 |
not more than four years older than the victim. | 95 |
(C) "Child-victim oriented offense" means any of the | 96 |
following violations or offenses committed by a person, regardless | 97 |
of the person's age, when the victim is under eighteen years of | 98 |
age and is not a child of the person who commits the violation: | 99 |
(1) A violation of division (A)(1), (2), (3), or (5) of | 100 |
section 2905.01 of the Revised Code when the violation is not | 101 |
included in division (A)(7) of this section; | 102 |
(2) A violation of division (A) of section 2905.02, division | 103 |
(A) of section 2905.03, or division (A) of section 2905.05 of the | 104 |
Revised Code; | 105 |
(3) A violation of any former law of this state, any existing | 106 |
or former municipal ordinance or law of another state or the | 107 |
United States, any existing or former law applicable in a military | 108 |
court or in an Indian tribal court, or any existing or former law | 109 |
of any nation other than the United States that is or was | 110 |
substantially equivalent to any offense listed in division (C)(1) | 111 |
or (2) of this section; | 112 |
(4) Any attempt to commit, conspiracy to commit, or | 113 |
complicity in committing any offense listed in division (C)(1), | 114 |
(2), or (3) of this section. | 115 |
(D) "Child-victim offender" means a person who is convicted | 116 |
of, pleads guilty to, has been convicted of, has pleaded guilty | 117 |
to, is adjudicated a delinquent child for committing, or has been | 118 |
adjudicated a delinquent child for committing any child-victim | 119 |
oriented offense. | 120 |
(E) "Tier I sex offender/child-victim offender" means any of | 121 |
the following: | 122 |
(1) A sex offender who is convicted of, pleads guilty to, has | 123 |
been convicted of, or has pleaded guilty to any of the following | 124 |
sexually oriented offenses: | 125 |
(a) A violation of section 2907.06, 2907.07, 2907.08, or | 126 |
2907.32 of the Revised Code; | 127 |
(b) A violation of section 2907.04 of the Revised Code when | 128 |
the offender is less than four years older than the other person | 129 |
with whom the offender engaged in sexual conduct, the other person | 130 |
did not consent to the sexual conduct, and the offender previously | 131 |
has not been convicted of or pleaded guilty to a violation of | 132 |
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a | 133 |
violation of former section 2907.12 of the Revised Code; | 134 |
(c) A violation of division (A)(1), (2), (3), or (5) of | 135 |
section 2907.05 of the Revised Code; | 136 |
(d) A violation of division (A)(3) of section 2907.323 of the | 137 |
Revised Code; | 138 |
(e) A violation of division (A)(3) of section 2903.211, of | 139 |
division (B) of section 2905.03, or of division (B) of section | 140 |
2905.05 of the Revised Code; | 141 |
(f) A violation of any former law of this state, any existing | 142 |
or former municipal ordinance or law of another state or the | 143 |
United States, any existing or former law applicable in a military | 144 |
court or in an Indian tribal court, or any existing or former law | 145 |
of any nation other than the United States, that is or was | 146 |
substantially equivalent to any offense listed in division | 147 |
(E)(1)(a), (b), (c), (d), or (e) of this section; | 148 |
(g) Any attempt to commit, conspiracy to commit, or | 149 |
complicity in committing any offense listed in division (E)(1)(a), | 150 |
(b), (c), (d), (e), or (f) of this section. | 151 |
(2) A child-victim offender who is convicted of, pleads | 152 |
guilty to, has been convicted of, or has pleaded guilty to a | 153 |
child-victim oriented offense and who is not within either | 154 |
category of child-victim offender described in division (F)(2) or | 155 |
(G)(2) of this section. | 156 |
(3) A sex offender who is adjudicated a delinquent child for | 157 |
committing or has been adjudicated a delinquent child for | 158 |
committing any sexually oriented offense and who a juvenile court, | 159 |
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the | 160 |
Revised Code, classifies a tier I sex offender/child-victim | 161 |
offender relative to the offense. | 162 |
(4) A child-victim offender who is adjudicated a delinquent | 163 |
child for committing or has been adjudicated a delinquent child | 164 |
for committing any child-victim oriented offense and who a | 165 |
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or | 166 |
2152.85 of the Revised Code, classifies a tier I sex | 167 |
offender/child-victim offender relative to the offense. | 168 |
(F) "Tier II sex offender/child-victim offender" means any of | 169 |
the following: | 170 |
(1) A sex offender who is convicted of, pleads guilty to, has | 171 |
been convicted of, or has pleaded guilty to any of the following | 172 |
sexually oriented offenses: | 173 |
(a) A violation of section 2907.21, 2907.321, or 2907.322 of | 174 |
the Revised Code; | 175 |
(b) A violation of section 2907.04 of the Revised Code when | 176 |
the offender is at least four years older than the other person | 177 |
with whom the offender engaged in sexual conduct, or when the | 178 |
offender is less than four years older than the other person with | 179 |
whom the offender engaged in sexual conduct and the offender | 180 |
previously has been convicted of or pleaded guilty to a violation | 181 |
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or | 182 |
former section 2907.12 of the Revised Code; | 183 |
(c) A violation of division (A)(4) of section 2907.05 or of | 184 |
division (A)(1) or (2) of section 2907.323 of the Revised Code; | 185 |
(d) A violation of division (A)(1), (2), (3), or (5) of | 186 |
section 2905.01 of the Revised Code when the offense is committed | 187 |
with a sexual motivation; | 188 |
(e) A violation of division (A)(4) of section 2905.01 of the | 189 |
Revised Code when the victim of the offense is eighteen years of | 190 |
age or older; | 191 |
(f) A violation of division (B) of section 2905.02 or of | 192 |
division (B)(5) of section 2919.22 of the Revised Code; | 193 |
(g) A violation of any former law of this state, any existing | 194 |
or former municipal ordinance or law of another state or the | 195 |
United States, any existing or former law applicable in a military | 196 |
court or in an Indian tribal court, or any existing or former law | 197 |
of any nation other than the United States that is or was | 198 |
substantially equivalent to any offense listed in division | 199 |
(F)(1)(a), (b), (c), (d), (e), or (f) of this section; | 200 |
(h) Any attempt to commit, conspiracy to commit, or | 201 |
complicity in committing any offense listed in division (F)(1)(a), | 202 |
(b), (c), (d), (e), (f), or (g) of this section; | 203 |
(i) Any sexually oriented offense that is committed after the | 204 |
sex offender previously has been convicted of, pleaded guilty to, | 205 |
or has been adjudicated a delinquent child for committing any | 206 |
sexually oriented offense or child-victim oriented offense for | 207 |
which the offender was classified a tier I sex | 208 |
offender/child-victim offender. | 209 |
(2) A child-victim offender who is convicted of, pleads | 210 |
guilty to, has been convicted of, or has pleaded guilty to any | 211 |
child-victim oriented offense when the child-victim oriented | 212 |
offense is committed after the child-victim offender previously | 213 |
has been convicted of, pleaded guilty to, or been adjudicated a | 214 |
delinquent child for committing any sexually oriented offense or | 215 |
child-victim oriented offense for which the offender was | 216 |
classified a tier I sex offender/child-victim offender. | 217 |
(3) A sex offender who is adjudicated a delinquent child for | 218 |
committing or has been adjudicated a delinquent child for | 219 |
committing any sexually oriented offense and who a juvenile court, | 220 |
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the | 221 |
Revised Code, classifies a tier II sex offender/child-victim | 222 |
offender relative to the offense. | 223 |
(4) A child-victim offender who is adjudicated a delinquent | 224 |
child for committing or has been adjudicated a delinquent child | 225 |
for committing any child-victim oriented offense and whom a | 226 |
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or | 227 |
2152.85 of the Revised Code, classifies a tier II sex | 228 |
offender/child-victim offender relative to the current offense. | 229 |
(5) A sex offender or child-victim offender who is not in any | 230 |
category of tier II sex offender/child-victim offender set forth | 231 |
in division (F)(1), (2), (3), or (4) of this section, who prior to | 232 |
January 1, 2008, was adjudicated a delinquent child for committing | 233 |
a sexually oriented offense or child-victim oriented offense, and | 234 |
who prior to that date was determined to be a habitual sex | 235 |
offender or determined to be a habitual child-victim offender, | 236 |
unless either of the following applies: | 237 |
(a) The sex offender or child-victim offender is reclassified | 238 |
pursuant to section 2950.031 or 2950.032 of the Revised Code as a | 239 |
tier I sex offender/child-victim offender or a tier III sex | 240 |
offender/child-victim offender relative to the offense. | 241 |
(b) A juvenile court, pursuant to section 2152.82, 2152.83, | 242 |
2152.84, or 2152.85 of the Revised Code, classifies the child a | 243 |
tier I sex offender/child-victim offender or a tier III sex | 244 |
offender/child-victim offender relative to the offense. | 245 |
(G) "Tier III sex offender/child-victim offender" means any | 246 |
of the following: | 247 |
(1) A sex offender who is convicted of, pleads guilty to, has | 248 |
been convicted of, or has pleaded guilty to any of the following | 249 |
sexually oriented offenses: | 250 |
(a) A violation of section 2907.02 or 2907.03 of the Revised | 251 |
Code; | 252 |
(b) A violation of division (B) of section 2907.05 of the | 253 |
Revised Code; | 254 |
(c) A violation of section 2903.01, 2903.02, or 2903.11 of | 255 |
the Revised Code when the violation was committed with a sexual | 256 |
motivation; | 257 |
(d) A violation of division (A) of section 2903.04 of the | 258 |
Revised Code when the offender committed or attempted to commit | 259 |
the felony that is the basis of the violation with a sexual | 260 |
motivation; | 261 |
(e) A violation of division (A)(4) of section 2905.01 of the | 262 |
Revised Code when the victim of the offense is under eighteen | 263 |
years of age; | 264 |
(f) A violation of division (B) of section 2905.01 of the | 265 |
Revised Code when the victim of the offense is under eighteen | 266 |
years of age and the offender is not a parent of the victim of the | 267 |
offense; | 268 |
(g) A violation of any former law of this state, any existing | 269 |
or former municipal ordinance or law of another state or the | 270 |
United States, any existing or former law applicable in a military | 271 |
court or in an Indian tribal court, or any existing or former law | 272 |
of any nation other than the United States that is or was | 273 |
substantially equivalent to any offense listed in division | 274 |
(G)(1)(a), (b), (c), (d), (e), or (f) of this section; | 275 |
(h) Any attempt to commit, conspiracy to commit, or | 276 |
complicity in committing any offense listed in division (G)(1)(a), | 277 |
(b), (c), (d), (e), (f), or (g) of this section; | 278 |
(i) Any sexually oriented offense that is committed after the | 279 |
sex offender previously has been convicted of, pleaded guilty to, | 280 |
or been adjudicated a delinquent child for committing any sexually | 281 |
oriented offense or child-victim oriented offense for which the | 282 |
offender was classified a tier II sex offender/child-victim | 283 |
offender or a tier III sex offender/child-victim offender. | 284 |
(2) A child-victim offender who is convicted of, pleads | 285 |
guilty to, has been convicted of, or has pleaded guilty to any | 286 |
child-victim oriented offense when the child-victim oriented | 287 |
offense is committed after the child-victim offender previously | 288 |
has been convicted of, pleaded guilty to, or been adjudicated a | 289 |
delinquent child for committing any sexually oriented offense or | 290 |
child-victim oriented offense for which the offender was | 291 |
classified a tier II sex offender/child-victim offender or a tier | 292 |
III sex offender/child-victim offender. | 293 |
(3) A sex offender who is adjudicated a delinquent child for | 294 |
committing or has been adjudicated a delinquent child for | 295 |
committing any sexually oriented offense and who a juvenile court, | 296 |
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the | 297 |
Revised Code, classifies a tier III sex offender/child-victim | 298 |
offender relative to the offense. | 299 |
(4) A child-victim offender who is adjudicated a delinquent | 300 |
child for committing or has been adjudicated a delinquent child | 301 |
for committing any child-victim oriented offense and whom a | 302 |
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or | 303 |
2152.85 of the Revised Code, classifies a tier III sex | 304 |
offender/child-victim offender relative to the current offense. | 305 |
(5) A sex offender or child-victim offender who is not in any | 306 |
category of tier III sex offender/child-victim offender set forth | 307 |
in division (G)(1), (2), (3), or (4) of this section, who prior to | 308 |
January 1, 2008, was convicted of or pleaded guilty to a sexually | 309 |
oriented offense or child-victim oriented offense or was | 310 |
adjudicated a delinquent child for committing a sexually oriented | 311 |
offense or child-victim oriented offense and classified a juvenile | 312 |
offender registrant, and who prior to that date was adjudicated a | 313 |
sexual predator or adjudicated a child-victim predator, unless | 314 |
either of the following applies: | 315 |
(a) The sex offender or child-victim offender is reclassified | 316 |
pursuant to section 2950.031 or 2950.032 of the Revised Code as a | 317 |
tier I sex offender/child-victim offender or a tier II sex | 318 |
offender/child-victim offender relative to the offense. | 319 |
(b) The sex offender or child-victim offender is a delinquent | 320 |
child, and a juvenile court, pursuant to section 2152.82, 2152.83, | 321 |
2152.84, or 2152.85 of the Revised Code, classifies the child a | 322 |
tier I sex offender/child-victim offender or a tier II sex | 323 |
offender/child-victim offender relative to the offense. | 324 |
(6) A sex offender who is convicted of, pleads guilty to, was | 325 |
convicted of, or pleaded guilty to a sexually oriented offense, if | 326 |
the sexually oriented offense and the circumstances in which it | 327 |
was committed are such that division (F) of section 2971.03 of the | 328 |
Revised Code automatically classifies the offender as a tier III | 329 |
sex offender/child-victim offender; | 330 |
(7) A sex offender or child-victim offender who is convicted | 331 |
of, pleads guilty to, was convicted of, pleaded guilty to, is | 332 |
adjudicated a delinquent child for committing, or was adjudicated | 333 |
a delinquent child for committing a sexually oriented offense or | 334 |
child-victim offense in another state, in a federal court, | 335 |
military court, or Indian tribal court, or in a court in any | 336 |
nation other than the United States if both of the following | 337 |
apply: | 338 |
(a) Under the law of the jurisdiction in which the offender | 339 |
was convicted or pleaded guilty or the delinquent child was | 340 |
adjudicated, the offender or delinquent child is in a category | 341 |
substantially equivalent to a category of tier III sex | 342 |
offender/child-victim offender described in division (G)(1), (2), | 343 |
(3), (4), (5), or (6) of this section. | 344 |
(b) Subsequent to the conviction, plea of guilty, or | 345 |
adjudication in the other jurisdiction, the offender or delinquent | 346 |
child resides, has temporary domicile, attends school or an | 347 |
institution of higher education, is employed, or intends to reside | 348 |
in this state in any manner and for any period of time that | 349 |
subjects the offender or delinquent child to a duty to register or | 350 |
provide notice of intent to reside under section 2950.04 or | 351 |
2950.041 of the Revised Code. | 352 |
(H) "Confinement" includes, but is not limited to, a | 353 |
community residential sanction imposed pursuant to section 2929.16 | 354 |
or 2929.26 of the Revised Code. | 355 |
(I) "Prosecutor" has the same meaning as in section 2935.01 | 356 |
of the Revised Code. | 357 |
(J) "Supervised release" means a release of an offender from | 358 |
a prison term, a term of imprisonment, or another type of | 359 |
confinement that satisfies either of the following conditions: | 360 |
(1) The release is on parole, a conditional pardon, under a | 361 |
community control sanction, under transitional control, or under a | 362 |
post-release control sanction, and it requires the person to | 363 |
report to or be supervised by a parole officer, probation officer, | 364 |
field officer, or another type of supervising officer. | 365 |
(2) The release is any type of release that is not described | 366 |
in division (J)(1) of this section and that requires the person to | 367 |
report to or be supervised by a probation officer, a parole | 368 |
officer, a field officer, or another type of supervising officer. | 369 |
(K) "Sexually violent predator specification," "sexually | 370 |
violent predator," "sexually violent offense," "sexual motivation | 371 |
specification," "designated homicide, assault, or kidnapping | 372 |
offense," and "violent sex offense" have the same meanings as in | 373 |
section 2971.01 of the Revised Code. | 374 |
(L) "Post-release control sanction" and "transitional | 375 |
control" have the same meanings as in section 2967.01 of the | 376 |
Revised Code. | 377 |
(M) "Juvenile offender registrant" means a person who is | 378 |
adjudicated a delinquent child for committing on or after January | 379 |
1, 2002, a sexually oriented offense or a child-victim oriented | 380 |
offense, who is fourteen years of age or older at the time of | 381 |
committing the offense, and who a juvenile court judge, pursuant | 382 |
to an order issued under section 2152.82, 2152.83, 2152.84, | 383 |
2152.85, or 2152.86 of the Revised Code, classifies a juvenile | 384 |
offender registrant and specifies has a duty to comply with | 385 |
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 386 |
Code. "Juvenile offender registrant" includes a person who prior | 387 |
to January 1, 2008, was a "juvenile offender registrant" under the | 388 |
definition of the term in existence prior to January 1, 2008, and | 389 |
a person who prior to July 31, 2003, was a "juvenile sex offender | 390 |
registrant" under the former definition of that former term. | 391 |
(N) "Public registry-qualified juvenile offender registrant" | 392 |
means a person who is adjudicated a delinquent child and on whom a | 393 |
juvenile court has imposed a serious youthful offender | 394 |
dispositional sentence under section 2152.13 of the Revised Code | 395 |
before, on, or after January 1, 2008, and to whom all of the | 396 |
following apply: | 397 |
(1) The person is adjudicated a delinquent child for | 398 |
committing, attempting to commit, conspiring to commit, or | 399 |
complicity in committing one of the following acts: | 400 |
(a) A violation of section 2907.02 of the Revised Code, | 401 |
division (B) of section 2907.05 of the Revised Code, or section | 402 |
2907.03 of the Revised Code if the victim of the violation was | 403 |
less than twelve years of age; | 404 |
(b) A violation of section 2903.01, 2903.02, or 2905.01 of | 405 |
the Revised Code that was committed with a purpose to gratify the | 406 |
sexual needs or desires of the child. | 407 |
(2) The person was fourteen, fifteen, sixteen, or seventeen | 408 |
years of age at the time of committing the act. | 409 |
(3) A juvenile court judge, pursuant to an order issued under | 410 |
section 2152.86 of the Revised Code, classifies the person a | 411 |
juvenile offender registrant, specifies the person has a duty to | 412 |
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised | 413 |
Code, and classifies the person a public registry-qualified | 414 |
juvenile offender registrant, and the classification of the person | 415 |
as a public registry-qualified juvenile offender registrant has | 416 |
not been terminated pursuant to division (D) of section 2152.86 of | 417 |
the Revised Code. | 418 |
(O) "Secure facility" means any facility that is designed and | 419 |
operated to ensure that all of its entrances and exits are locked | 420 |
and under the exclusive control of its staff and to ensure that, | 421 |
because of that exclusive control, no person who is | 422 |
institutionalized or confined in the facility may leave the | 423 |
facility without permission or supervision. | 424 |
(P) "Out-of-state juvenile offender registrant" means a | 425 |
person who is adjudicated a delinquent child in a court in another | 426 |
state, in a federal court, military court, or Indian tribal court, | 427 |
or in a court in any nation other than the United States for | 428 |
committing a sexually oriented offense or a child-victim oriented | 429 |
offense, who on or after January 1, 2002, moves to and resides in | 430 |
this state or temporarily is domiciled in this state for more than | 431 |
five days, and who has a duty under section 2950.04 or 2950.041 of | 432 |
the Revised Code to register in this state and the duty to | 433 |
otherwise comply with that applicable section and sections 2950.05 | 434 |
and 2950.06 of the Revised Code. "Out-of-state juvenile offender | 435 |
registrant" includes a person who prior to January 1, 2008, was an | 436 |
"out-of-state juvenile offender registrant" under the definition | 437 |
of the term in existence prior to January 1, 2008, and a person | 438 |
who prior to July 31, 2003, was an "out-of-state juvenile sex | 439 |
offender registrant" under the former definition of that former | 440 |
term. | 441 |
(Q) "Juvenile court judge" includes a magistrate to whom the | 442 |
juvenile court judge confers duties pursuant to division (A)(15) | 443 |
of section 2151.23 of the Revised Code. | 444 |
(R) "Adjudicated a delinquent child for committing a sexually | 445 |
oriented offense" includes a child who receives a serious youthful | 446 |
offender dispositional sentence under section 2152.13 of the | 447 |
Revised Code for committing a sexually oriented offense. | 448 |
(S) "School" and "school premises" have the same meanings as | 449 |
in section 2925.01 of the Revised Code. | 450 |
(T) "Residential premises" means the building in which a | 451 |
residential unit is located and the grounds upon which that | 452 |
building stands, extending to the perimeter of the property. | 453 |
"Residential premises" includes any type of structure in which a | 454 |
residential unit is located, including, but not limited to, | 455 |
multi-unit buildings and mobile and manufactured homes. | 456 |
(U) "Residential unit" means a dwelling unit for residential | 457 |
use and occupancy, and includes the structure or part of a | 458 |
structure that is used as a home, residence, or sleeping place by | 459 |
one person who maintains a household or two or more persons who | 460 |
maintain a common household. "Residential unit" does not include a | 461 |
halfway house or a community-based correctional facility. | 462 |
(V) "Multi-unit building" means a building in which is | 463 |
located more than twelve residential units that have entry doors | 464 |
that open directly into the unit from a hallway that is shared | 465 |
with one or more other units. A residential unit is not considered | 466 |
located in a multi-unit building if the unit does not have an | 467 |
entry door that opens directly into the unit from a hallway that | 468 |
is shared with one or more other units or if the unit is in a | 469 |
building that is not a multi-unit building as described in this | 470 |
division. | 471 |
(W) "Community control sanction" has the same meaning as in | 472 |
section 2929.01 of the Revised Code. | 473 |
(X) "Halfway house" and "community-based correctional | 474 |
facility" have the same meanings as in section 2929.01 of the | 475 |
Revised Code. | 476 |
(Y) "Sexual predator" means a person who, prior to January 1, | 477 |
2008, was convicted of, pleaded guilty to, or was adjudicated a | 478 |
delinquent child for committing a sexually oriented offense and | 479 |
who, under the provisions of this chapter as they existed prior to | 480 |
that date, was classified by a court or by operation of law a | 481 |
sexual predator based on that offense. | 482 |
(Z) "Child-victim predator" means a person who, prior to | 483 |
January 1, 2008, was convicted of, pleaded guilty to, or was | 484 |
adjudicated a delinquent child for committing a child-victim | 485 |
oriented offense and who, under the provisions of this chapter as | 486 |
they existed prior to that date, was classified by a court or by | 487 |
operation of law a child-victim predator based on that offense. | 488 |
(AA) "Aggravated sexually oriented offense" means a violation | 489 |
of division (A)(1)(b) of section 2907.02 of the Revised Code | 490 |
committed on or after June 13, 2002, or a violation of division | 491 |
(A)(2) of that section committed on or after July 31, 2003, if the | 492 |
offender was convicted of or pleaded guilty to the violation prior | 493 |
to January 1, 2008. | 494 |
Sec. 2950.03. (A) Each person who has been convicted of, is | 495 |
convicted of, has pleaded guilty to, or pleads guilty to a | 496 |
sexually oriented offense or a child-victim oriented offense and | 497 |
who has a duty to register pursuant to section 2950.04 or 2950.041 | 498 |
of the Revised Code and each person who is adjudicated a | 499 |
delinquent child for committing a sexually oriented offense or a | 500 |
child-victim oriented offense and who is classified a juvenile | 501 |
offender registrant based on that adjudication shall be provided | 502 |
notice in accordance with this section of the offender's or | 503 |
delinquent child's duties imposed under sections 2950.04, | 504 |
2950.041, 2950.05, and 2950.06 of the Revised Code and of the | 505 |
offender's duties to similarly register, provide notice of a | 506 |
change, and verify addresses in another state if the offender | 507 |
resides, is temporarily domiciled, attends a school or institution | 508 |
of higher education, or is employed in a state other than this | 509 |
state. The following official shall provide the notice required | 510 |
under this division to the specified person at the following time: | 511 |
(1) Regardless of when the person committed the sexually | 512 |
oriented offense or child-victim oriented offense, if the person | 513 |
is an offender who is sentenced to a prison term, a term of | 514 |
imprisonment, or any other type of confinement for any offense, | 515 |
and if on or after January 1, 2008, the offender is serving that | 516 |
term or is under that confinement, subject to division (A)(5) of | 517 |
this section, the official in charge of the jail, workhouse, state | 518 |
correctional institution, or other institution in which the | 519 |
offender serves the prison term, term of imprisonment, or | 520 |
confinement, or a designee of that official, shall provide the | 521 |
notice to the offender before the offender is released pursuant to | 522 |
any type of supervised release or before the offender otherwise is | 523 |
released from the prison term, term of imprisonment, or | 524 |
confinement. | 525 |
(2) Regardless of when the person committed the sexually | 526 |
oriented offense or child-victim oriented offense, if the person | 527 |
is an offender who is sentenced on or after January 1, 2008, for | 528 |
any offense, and if division (A)(1) of this section does not | 529 |
apply, the judge shall provide the notice to the offender at the | 530 |
time of sentencing. | 531 |
(3) If the person is a delinquent child who is classified a | 532 |
juvenile offender registrant on or after January 1, 2008, the | 533 |
judge shall provide the notice to the delinquent child at the time | 534 |
specified in division (B) of section 2152.82, division (C) of | 535 |
section 2152.83, division (C) of section 2152.84, or division (E) | 536 |
of section 2152.85 of the Revised Code, whichever is applicable. | 537 |
(4) If the person is a delinquent child who is classified as | 538 |
both a juvenile offender registrant and a public | 539 |
registry-qualified juvenile offender registrant on or after | 540 |
January 1, 2008, the judge shall provide the notice to the | 541 |
delinquent child at the time specified in division (B) of section | 542 |
2152.86 of the Revised Code. | 543 |
(5) If the person is an offender or delinquent child in any | 544 |
of the following categories, the attorney general, department of | 545 |
rehabilitation and correction, or department of youth services | 546 |
shall provide the notice to the offender or delinquent child at | 547 |
the time and in the manner specified in section 2950.031 or | 548 |
division (A) or (B) of section 2950.032 of the Revised Code, | 549 |
whichever is applicable: | 550 |
(a) An offender or delinquent child who prior to December 1, | 551 |
2007, has registered a residence, school, institution of higher | 552 |
education, or place of employment address pursuant to section | 553 |
2950.04, 2950.041, or 2950.05 of the Revised Code; | 554 |
(b) An offender or delinquent child who registers with a | 555 |
sheriff pursuant to section 2950.04 or 2950.041 of the Revised | 556 |
Code on or after December 1, 2007, previously had not registered | 557 |
under either section with that sheriff or any other sheriff, and | 558 |
was convicted of, pleaded guilty to, or was classified a juvenile | 559 |
offender registrant relative to the sexually oriented offense or | 560 |
child-victim oriented offense upon which the registration was | 561 |
based prior to December 1, 2007; | 562 |
(c) An offender who on December 1, 2007, is serving a prison | 563 |
term in a state correctional institution for a sexually oriented | 564 |
offense or child-victim oriented offense or each delinquent child | 565 |
who has been classified a juvenile offender registrant relative to | 566 |
a sexually oriented offense or child-victim oriented offense and | 567 |
who on that date is confined in an institution of the department | 568 |
of youth services for the sexually oriented offense or | 569 |
child-victim oriented offense; | 570 |
(d) An offender or delinquent child who on or after December | 571 |
2, 2007, commences a prison term in a state correctional | 572 |
institution or confinement in an institution of the department of | 573 |
youth services for a sexually oriented offense or child-victim | 574 |
oriented offense and who was convicted of, pleaded guilty to, or | 575 |
was classified a juvenile offender registrant relative to the | 576 |
sexually oriented offense or child-victim oriented offense prior | 577 |
to that date. | 578 |
(6) If the person is an offender or delinquent child who on | 579 |
or after July 1, 2007, and prior to January 1, 2008, is convicted | 580 |
of or pleads guilty to a sexually oriented offense or a | 581 |
child-victim oriented offense and is not sentenced to a prison | 582 |
term for that offense or is classified a juvenile offender | 583 |
registrant relative to a sexually oriented offense or child-victim | 584 |
oriented offense and is not committed to the custody of the | 585 |
department of youth services for that offense, the sentencing | 586 |
court or juvenile court shall provide the notice to the offender | 587 |
or delinquent child at the time and in the manner specified in | 588 |
division (C) of section 2950.032 of the Revised Code. | 589 |
(7) If the person is an offender or delinquent child who has | 590 |
a duty to register in this state pursuant to division (A)(4) of | 591 |
section 2950.04 or 2950.041 of the Revised Code, the offender or | 592 |
delinquent child is presumed to have knowledge of the law and of | 593 |
the offender's or delinquent child's duties imposed under sections | 594 |
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. | 595 |
(B)(1) The notice provided under division (A) of this section | 596 |
shall inform the offender or delinquent child of the offender's or | 597 |
delinquent child's duty to register, to provide notice of a change | 598 |
in the offender's or delinquent child's residence address or in | 599 |
the offender's school, institution of higher education, or place | 600 |
of employment address, as applicable, and register the new | 601 |
address, to periodically verify the offender's or delinquent | 602 |
child's residence address or the offender's school, institution of | 603 |
higher education, or place of employment address, as applicable, | 604 |
and, if applicable, to provide notice of the offender's or | 605 |
delinquent child's intent to reside, pursuant to sections 2950.04, | 606 |
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice | 607 |
shall specify that, for an offender, it applies regarding | 608 |
residence addresses or school, institution of higher education, | 609 |
and place of employment addresses and that, for a delinquent | 610 |
child, it applies regarding residence addresses. Additionally, it | 611 |
shall inform the offender of the offender's duties to similarly | 612 |
register, provide notice of a change in, and verify those | 613 |
addresses in states other than this state as described in division | 614 |
(A) of this section and shall inform the offender or delinquent | 615 |
child, if the offender or delinquent child is in any category | 616 |
specified in division (I)(2)(b) of section 2950.04 or 2950.041 of | 617 |
the Revised Code that the offender or delinquent child will be | 618 |
monitored by an active global positioning system device during any | 619 |
period in which the offender or delinquent child does not have a | 620 |
fixed residence address. A notice provided under division (A)(1), | 621 |
(2), (3), or (4) of this section shall comport with the following: | 622 |
(a) If the notice is provided to an offender under division | 623 |
(A)(1) or (2) of this section, the official, official's designee, | 624 |
or judge shall require the offender to read and sign a form | 625 |
stating that the offender's duties to register, to file a notice | 626 |
of intent to reside, if applicable, to register a new residence | 627 |
address or new school, institution of higher education, or place | 628 |
of employment address, and to periodically verify those addresses, | 629 |
the fact that the offender will be monitored by an active global | 630 |
positioning system device during any period in which the offender | 631 |
does not have a fixed residence address if the offender is in any | 632 |
category specified in division (I)(2)(b) of section 2950.04 or | 633 |
2950.041 of the Revised Code, and the offender's duties in other | 634 |
states as described in division (A) of this section have been | 635 |
explained to the offender. If the offender is unable to read, the | 636 |
official, official's designee, or judge shall certify on the form | 637 |
that the official, designee, or judge specifically informed the | 638 |
offender of those duties and that the offender indicated an | 639 |
understanding of those duties. | 640 |
(b) If the notice is provided to a delinquent child under | 641 |
division (A)(3) or (4) of this section, the judge shall require | 642 |
the delinquent child and the delinquent child's parent, guardian, | 643 |
or custodian to read and sign a form stating that the delinquent | 644 |
child's duties to register, to file a notice of intent to reside, | 645 |
if applicable, to register a new residence address, and to | 646 |
periodically verify that address and the fact that the delinquent | 647 |
child will be monitored by an active global positioning system | 648 |
device during any period in which the delinquent child does not | 649 |
have a fixed residence address if the delinquent child is in any | 650 |
category specified in division (I)(2)(b) of section 2950.04 or | 651 |
2950.041 of the Revised Code have been explained to the delinquent | 652 |
child and to the delinquent child's parent, guardian, or | 653 |
custodian. If the delinquent child or the delinquent child's | 654 |
parent, guardian, or custodian is unable to read, the judge shall | 655 |
certify on the form that the judge specifically informed the | 656 |
delinquent child or the delinquent child's parent, guardian, or | 657 |
custodian of those duties and that the delinquent child or the | 658 |
delinquent child's parent, guardian, or custodian indicated an | 659 |
understanding of those duties. | 660 |
(2) The notice provided under divisions (A)(1) to (4) of this | 661 |
section shall be on a form prescribed by the bureau of criminal | 662 |
identification and investigation and shall contain all of the | 663 |
information specified in division (A) of this section and all of | 664 |
the information required by the bureau. The notice provided under | 665 |
divisions (A)(1) to (4) of this section shall include, but is not | 666 |
limited to, all of the following: | 667 |
(a) For any notice provided under divisions (A)(1) to (4) of | 668 |
this section, an explanation of the offender's periodic residence | 669 |
address or periodic school, institution of higher education, or | 670 |
place of employment address verification process or of the | 671 |
delinquent child's periodic residence address verification | 672 |
process, an explanation of the frequency with which the offender | 673 |
or delinquent child will be required to verify those addresses | 674 |
under that process, a statement that the offender or delinquent | 675 |
child must verify those addresses at the times specified under | 676 |
that process or face criminal prosecution or a delinquent child | 677 |
proceeding, and an explanation of the offender's duty to similarly | 678 |
register, verify, and reregister those addresses in another state | 679 |
if the offender resides in another state, attends a school or | 680 |
institution of higher education in another state, or is employed | 681 |
in another state. | 682 |
(b) If the notice is provided under division (A)(3) or (4) of | 683 |
this section, a statement that the delinquent child has been | 684 |
classified by the adjudicating juvenile court judge or the judge's | 685 |
successor in office a juvenile offender registrant and, if | 686 |
applicable, a | 687 |
juvenile offender registrant and has a duty to comply with | 688 |
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 689 |
Code; | 690 |
(c) If the notice is provided under division (A)(3) or (4) of | 691 |
this section, a statement that, if the delinquent child fails to | 692 |
comply with the requirements of sections 2950.04, 2950.041, | 693 |
2950.05, and 2950.06 of the Revised Code, both of the following | 694 |
apply: | 695 |
(i) If the delinquent child's failure occurs while the child | 696 |
is under eighteen years of age, the child is subject to | 697 |
proceedings under Chapter 2152. of the Revised Code based on the | 698 |
failure, but if the failure occurs while the child is eighteen | 699 |
years of age or older, the child is subject to criminal | 700 |
prosecution based on the failure. | 701 |
(ii) If the delinquent child's failure occurs while the child | 702 |
is under eighteen years of age, unless the child is emancipated, | 703 |
as defined in section 2919.121 of the Revised Code, the failure of | 704 |
the parent, guardian, or custodian to ensure that the child | 705 |
complies with those requirements is a violation of section 2919.24 | 706 |
of the Revised Code and may result in the prosecution of the | 707 |
parent, guardian, or custodian for that violation. | 708 |
(3)(a) After an offender described in division (A)(1) or (2) | 709 |
of this section has signed the form described in divisions (B)(1) | 710 |
and (2) of this section or the official, official's designee, or | 711 |
judge has certified on the form that the form has been explained | 712 |
to the offender and that the offender indicated an understanding | 713 |
of the duties and information indicated on it, the official, | 714 |
official's designee, or judge shall give one copy of the form to | 715 |
the offender, within three days shall send one copy of the form to | 716 |
the bureau of criminal identification and investigation in | 717 |
accordance with the procedures adopted pursuant to section 2950.13 | 718 |
of the Revised Code, shall send one copy of the form to the | 719 |
sheriff of the county in which the offender expects to reside, and | 720 |
shall send one copy of the form to the sheriff of the county in | 721 |
which the offender was convicted or pleaded guilty if the offender | 722 |
has a duty to register pursuant to division (A)(1) of section | 723 |
2950.04 or 2950.041 of the Revised Code. | 724 |
(b) After a delinquent child described in division (A)(3) or | 725 |
(4) of this section and the delinquent child's parent, guardian, | 726 |
or custodian have signed the form described in divisions (B)(1) | 727 |
and (2) of this section or the judge has certified on the form | 728 |
that the form has been explained to the delinquent child or the | 729 |
delinquent child's parent, guardian, or custodian and that the | 730 |
delinquent child or the delinquent child's parent, guardian, or | 731 |
custodian indicated an understanding of the duties and information | 732 |
indicated on the form, the judge shall give a copy of the form to | 733 |
both the delinquent child and to the delinquent child's parent, | 734 |
guardian, or custodian, within three days shall send one copy of | 735 |
the form to the bureau of criminal identification and | 736 |
investigation in accordance with the procedures adopted pursuant | 737 |
to section 2950.13 of the Revised Code, shall send one copy of the | 738 |
form to the sheriff of the county in which the delinquent child | 739 |
expects to reside, and shall send one copy of the form to the | 740 |
sheriff of the county in which the child was adjudicated a | 741 |
delinquent child if the delinquent child has a duty to register | 742 |
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the | 743 |
Revised Code. | 744 |
(C) The official, official's designee, judge, chief of | 745 |
police, or sheriff who is required to provide notice to an | 746 |
offender or delinquent child under divisions (A)(1) to (4) of this | 747 |
section shall determine the offender's or delinquent child's name, | 748 |
identifying factors, and expected future residence address in this | 749 |
state or any other state, shall obtain the offender's or | 750 |
delinquent child's criminal and delinquency history, and shall | 751 |
obtain a photograph and the fingerprints of the offender or | 752 |
delinquent child. The official, designee, judge, chief, or sheriff | 753 |
shall obtain from the offender or delinquent child a detailed | 754 |
description of the place or places at which the offender or | 755 |
delinquent child intends to stay if the offender's or delinquent | 756 |
child's expected future residence is not a fixed address. | 757 |
Regarding an offender, the official, designee, or judge also shall | 758 |
obtain from the offender the offender's current or expected future | 759 |
school, institution of higher education, or place of employment | 760 |
address in this state, if any. If the notice is provided by a | 761 |
judge under division (A)(2), (3), or (4) of this section, the | 762 |
sheriff shall provide the offender's or delinquent child's | 763 |
criminal and delinquency history to the judge. The official, | 764 |
official's designee, or judge shall obtain this information and | 765 |
these items prior to giving the notice, except that a judge may | 766 |
give the notice prior to obtaining the offender's or delinquent | 767 |
child's criminal and delinquency history. Within three days after | 768 |
receiving this information and these items, the official, | 769 |
official's designee, or judge shall forward the information and | 770 |
items to the bureau of criminal identification and investigation | 771 |
in accordance with the forwarding procedures adopted pursuant to | 772 |
section 2950.13 of the Revised Code, to the sheriff of the county | 773 |
in which the offender or delinquent child expects to reside and to | 774 |
the sheriff of the county in which the offender or delinquent | 775 |
child was convicted, pleaded guilty, or adjudicated a delinquent | 776 |
child if the offender or delinquent child has a duty to register | 777 |
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the | 778 |
Revised Code, and, regarding an offender, to the sheriff of the | 779 |
county, if any, in which the offender attends or will attend a | 780 |
school or institution of higher education or is or will be | 781 |
employed. If the notice is provided under division (A)(3) or (4) | 782 |
of this section and if the delinquent child has been committed to | 783 |
the department of youth services or to a secure facility, the | 784 |
judge, in addition to the other information and items described in | 785 |
this division, also shall forward to the bureau and to the sheriff | 786 |
notification that the child has been so committed. If it has not | 787 |
already done so, the bureau of criminal identification and | 788 |
investigation shall forward a copy of the fingerprints and | 789 |
conviction data received under this division to the federal bureau | 790 |
of investigation. | 791 |
Sec. 2950.04. (A)(1)(a) Immediately after a sentencing | 792 |
hearing is held on or after January 1, 2008, for an offender who | 793 |
is convicted of or pleads guilty to a sexually oriented offense | 794 |
and is sentenced to a prison term, a term of imprisonment, or any | 795 |
other type of confinement and before the offender is transferred | 796 |
to the custody of the department of rehabilitation and correction | 797 |
or to the official in charge of the jail, workhouse, state | 798 |
correctional institution, or other institution where the offender | 799 |
will be confined, the offender shall register personally with the | 800 |
sheriff, or the sheriff's designee, of the county in which the | 801 |
offender was convicted of or pleaded guilty to the sexually | 802 |
oriented offense. | 803 |
(b) Immediately after a dispositional hearing is held on or | 804 |
after January 1, 2008, for a child who is adjudicated a delinquent | 805 |
child for committing a sexually oriented offense, is classified a | 806 |
juvenile offender registrant based on that adjudication, and is | 807 |
committed to the custody of the department of youth services or to | 808 |
a secure facility that is not operated by the department and | 809 |
before the child is transferred to the custody of the department | 810 |
of youth services or the secure facility to which the delinquent | 811 |
child is committed, the delinquent child shall register personally | 812 |
with the sheriff, or the sheriff's designee, of the county in | 813 |
which the delinquent child was classified a juvenile offender | 814 |
registrant based on that sexually oriented offense. | 815 |
(c) A law enforcement officer shall be present at the | 816 |
sentencing hearing or dispositional hearing described in division | 817 |
(A)(1)(a) or (b) of this section to immediately transport the | 818 |
offender or delinquent child who is the subject of the hearing to | 819 |
the sheriff, or the sheriff's designee, of the county in which the | 820 |
offender or delinquent child is convicted, pleads guilty, or is | 821 |
adjudicated a delinquent child. | 822 |
(d) After an offender who has registered pursuant to division | 823 |
(A)(1)(a) of this section is released from a prison term, a term | 824 |
of imprisonment, or any other type of confinement, the offender | 825 |
shall register as provided in division (A)(2) of this section. | 826 |
After a delinquent child who has registered pursuant to division | 827 |
(A)(1)(b) of this section is released from the custody of the | 828 |
department of youth services or from a secure facility that is not | 829 |
operated by the department, the delinquent child shall register as | 830 |
provided in division (A)(3) of this section. | 831 |
(2) Regardless of when the sexually oriented offense was | 832 |
committed, each offender who is convicted of, pleads guilty to, | 833 |
has been convicted of, or has pleaded guilty to a sexually | 834 |
oriented offense shall comply with the following registration | 835 |
requirements described in divisions (A)(2)(a), (b), (c), (d), and | 836 |
(e) of this section: | 837 |
(a) The offender shall register personally with the sheriff, | 838 |
or the sheriff's designee, of the county within three days of the | 839 |
offender's coming into a county in which the offender resides or | 840 |
temporarily is domiciled for more than three days. | 841 |
(b) The offender shall register personally with the sheriff, | 842 |
or the sheriff's designee, of the county immediately upon coming | 843 |
into a county in which the offender attends a school or | 844 |
institution of higher education on a full-time or part-time basis | 845 |
regardless of whether the offender resides or has a temporary | 846 |
domicile in this state or another state. | 847 |
(c) The offender shall register personally with the sheriff, | 848 |
or the sheriff's designee, of the county in which the offender is | 849 |
employed if the offender resides or has a temporary domicile in | 850 |
this state and has been employed in that county for more than | 851 |
three days or for an aggregate period of fourteen or more days in | 852 |
that calendar year. | 853 |
(d) The offender shall register personally with the sheriff, | 854 |
or the sheriff's designee, of the county in which the offender | 855 |
then is employed if the offender does not reside or have a | 856 |
temporary domicile in this state and has been employed at any | 857 |
location or locations in this state more than three days or for an | 858 |
aggregate period of fourteen or more days in that calendar year. | 859 |
(e) The offender shall register with the sheriff, or the | 860 |
sheriff's designee, or other appropriate person of the other state | 861 |
immediately upon entering into any state other than this state in | 862 |
which the offender attends a school or institution of higher | 863 |
education on a full-time or part-time basis or upon being employed | 864 |
in any state other than this state for more than three days or for | 865 |
an aggregate period of fourteen or more days in that calendar year | 866 |
regardless of whether the offender resides or has a temporary | 867 |
domicile in this state, the other state, or a different state. | 868 |
(3)(a) Each child who is adjudicated a delinquent child for | 869 |
committing a sexually oriented offense and who is classified a | 870 |
juvenile offender registrant based on that adjudication shall | 871 |
register personally with the sheriff, or the sheriff's designee, | 872 |
of the county within three days of the delinquent child's coming | 873 |
into a county in which the delinquent child resides or temporarily | 874 |
is domiciled for more than three days. | 875 |
(b) In addition to the registration duty imposed under | 876 |
division (A)(3)(a) of this section, each public registry-qualified | 877 |
juvenile offender registrant shall comply with the following | 878 |
additional registration requirements: | 879 |
(i) The public registry-qualified juvenile offender | 880 |
registrant shall register personally with the sheriff, or the | 881 |
sheriff's designee, of the county immediately upon coming into a | 882 |
county in which the registrant attends a school or institution of | 883 |
higher education on a full-time or part-time basis regardless of | 884 |
whether the registrant resides or has a temporary domicile in this | 885 |
state or another state. | 886 |
(ii) The public registry-qualified juvenile offender | 887 |
registrant shall register personally with the sheriff, or the | 888 |
sheriff's designee, of the county in which the registrant is | 889 |
employed if the registrant resides or has a temporary domicile in | 890 |
this state and has been employed in that county for more than | 891 |
three days or for an aggregate period of fourteen or more days in | 892 |
that calendar year. | 893 |
(iii) The public registry-qualified juvenile offender | 894 |
registrant shall register personally with the sheriff, or the | 895 |
sheriff's designee, of the county in which the registrant then is | 896 |
employed if the registrant does not reside or have a temporary | 897 |
domicile in this state and has been employed at any location or | 898 |
locations in this state more than three days or for an aggregate | 899 |
period of fourteen or more days in that calendar year. | 900 |
(iv) The public registry-qualified juvenile offender | 901 |
registrant shall register with the sheriff, or the sheriff's | 902 |
designee, or other appropriate person of the other state | 903 |
immediately upon entering into any state other than this state in | 904 |
which the registrant attends a school or institution of higher | 905 |
education on a full-time or part-time basis or upon being employed | 906 |
in any state other than this state for more than three days or for | 907 |
an aggregate period of fourteen or more days in that calendar year | 908 |
regardless of whether the registrant resides or has a temporary | 909 |
domicile in this state, the other state, or a different state. | 910 |
(c) If the delinquent child is committed for the sexually | 911 |
oriented offense to the department of youth services or to a | 912 |
secure facility that is not operated by the department, this duty | 913 |
begins when the delinquent child is discharged or released in any | 914 |
manner from custody in a department of youth services secure | 915 |
facility or from the secure facility that is not operated by the | 916 |
department if pursuant to the discharge or release the delinquent | 917 |
child is not committed to any other secure facility of the | 918 |
department or any other secure facility. | 919 |
(4) Regardless of when the sexually oriented offense was | 920 |
committed, each person who is convicted, pleads guilty, or is | 921 |
adjudicated a delinquent child in a court in another state, in a | 922 |
federal court, military court, or Indian tribal court, or in a | 923 |
court in any nation other than the United States for committing a | 924 |
sexually oriented offense shall comply with the following | 925 |
registration requirements if, at the time the offender or | 926 |
delinquent child moves to and resides in this state or temporarily | 927 |
is domiciled in this state for more than three days, the offender | 928 |
or public registry-qualified juvenile offender registrant enters | 929 |
this state to attend a school or institution of higher education, | 930 |
or the offender or public registry-qualified juvenile offender | 931 |
registrant is employed in this state for more than the specified | 932 |
period of time, the offender or delinquent child has a duty to | 933 |
register as a sex offender or child-victim offender under the law | 934 |
of that other jurisdiction as a result of the conviction, guilty | 935 |
plea, or adjudication: | 936 |
(a) Each offender and delinquent child shall register | 937 |
personally with the sheriff, or the sheriff's designee, of the | 938 |
county within three days of the offender's or delinquent child's | 939 |
coming into the county in which the offender or delinquent child | 940 |
resides or temporarily is domiciled for more than three days. | 941 |
(b) Each offender or public registry-qualified juvenile | 942 |
offender registrant shall register personally with the sheriff, or | 943 |
the sheriff's designee, of the county immediately upon coming into | 944 |
a county in which the offender or public registry-qualified | 945 |
juvenile offender registrant attends a school or institution of | 946 |
higher education on a full-time or part-time basis regardless of | 947 |
whether the offender or public registry-qualified juvenile | 948 |
offender registrant resides or has a temporary domicile in this | 949 |
state or another state. | 950 |
(c) Each offender or public registry-qualified juvenile | 951 |
offender registrant shall register personally with the sheriff, or | 952 |
the sheriff's designee, of the county in which the offender or | 953 |
public registry-qualified juvenile offender registrant is employed | 954 |
if the offender resides or has a temporary domicile in this state | 955 |
and has been employed in that county for more than three days or | 956 |
for an aggregate period of fourteen days or more in that calendar | 957 |
year. | 958 |
(d) Each offender or public registry-qualified juvenile | 959 |
offender registrant shall register personally with the sheriff, or | 960 |
the sheriff's designee, of the county in which the offender or | 961 |
public registry-qualified juvenile offender registrant then is | 962 |
employed if the offender or public registry-qualified juvenile | 963 |
offender registrant does not reside or have a temporary domicile | 964 |
in this state and has been employed at any location or locations | 965 |
in this state for more than three days or for an aggregate period | 966 |
of fourteen or more days in that calendar year. | 967 |
(5) An offender or a delinquent child who is a public | 968 |
registry-qualified juvenile offender registrant is not required to | 969 |
register under division (A)(2), (3), or (4) of this section if a | 970 |
court issues an order terminating the offender's or delinquent | 971 |
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 972 |
and 2950.06 of the Revised Code pursuant to section 2950.15 of the | 973 |
Revised Code. A delinquent child who is a juvenile offender | 974 |
registrant but is not a public registry-qualified juvenile | 975 |
offender registrant is not required to register under any of those | 976 |
divisions if a juvenile court issues an order declassifying the | 977 |
delinquent child as a juvenile offender registrant pursuant to | 978 |
section 2152.84 or 2152.85 of the Revised Code. | 979 |
(B) An offender or delinquent child who is required by | 980 |
division (A) of this section to register in this state personally | 981 |
shall obtain from the sheriff or from a designee of the sheriff a | 982 |
registration form that conforms to division (C) of this section, | 983 |
shall complete and sign the form, and shall return the completed | 984 |
form together with the offender's or delinquent child's | 985 |
photograph, copies of travel and immigration documents, and any | 986 |
other required material to the sheriff or the designee. The | 987 |
sheriff or designee shall sign the form and indicate on the form | 988 |
the date on which it is so returned. The registration required | 989 |
under this division is complete when the offender or delinquent | 990 |
child returns the form, containing the requisite information, | 991 |
photograph, other required material, signatures, and date, to the | 992 |
sheriff or designee. | 993 |
(C) The registration form to be used under divisions (A) and | 994 |
(B) of this section shall include or contain all of the following | 995 |
for the offender or delinquent child who is registering: | 996 |
(1) The offender's or delinquent child's name and any aliases | 997 |
used by the offender or delinquent child; | 998 |
(2) The offender's or delinquent child's social security | 999 |
number and date of birth, including any alternate social security | 1000 |
numbers or dates of birth that the offender or delinquent child | 1001 |
has used or uses; | 1002 |
(3) Regarding an offender or delinquent child who is | 1003 |
registering under a duty imposed under division (A)(1) of this | 1004 |
section, a statement that the offender is serving a prison term, | 1005 |
term of imprisonment, or any other type of confinement or a | 1006 |
statement that the delinquent child is in the custody of the | 1007 |
department of youth services or is confined in a secure facility | 1008 |
that is not operated by the department; | 1009 |
(4) Regarding an offender or delinquent child who is | 1010 |
registering under a duty imposed under division (A)(2), (3), or | 1011 |
(4) of this section as a result of the offender or delinquent | 1012 |
child residing in this state or temporarily being domiciled in | 1013 |
this state for more than three days, the current residence address | 1014 |
of the offender or delinquent child who is registering or, if the | 1015 |
offender or delinquent child has no fixed residence address, a | 1016 |
statement to that effect and the information described in division | 1017 |
(I)(1) of this section, the name and address of the offender's or | 1018 |
delinquent child's employer if the offender or delinquent child is | 1019 |
employed at the time of registration or if the offender or | 1020 |
delinquent child knows at the time of registration that the | 1021 |
offender or delinquent child will be commencing employment with | 1022 |
that employer subsequent to registration, any other employment | 1023 |
information, such as the general area where the offender or | 1024 |
delinquent child is employed, if the offender or delinquent child | 1025 |
is employed in many locations, and the name and address of the | 1026 |
offender's or public registry-qualified juvenile offender | 1027 |
registrant's school or institution of higher education if the | 1028 |
offender or public registry-qualified juvenile offender registrant | 1029 |
attends one at the time of registration or if the offender or | 1030 |
public registry-qualified juvenile offender registrant knows at | 1031 |
the time of registration that the offender or public | 1032 |
registry-qualified juvenile offender registrant will be commencing | 1033 |
attendance at that school or institution subsequent to | 1034 |
registration; | 1035 |
(5) Regarding an offender or public registry-qualified | 1036 |
juvenile offender registrant who is registering under a duty | 1037 |
imposed under division (A)(2), (3), or (4) of this section as a | 1038 |
result of the offender or public registry-qualified juvenile | 1039 |
offender registrant attending a school or institution of higher | 1040 |
education in this state on a full-time or part-time basis or being | 1041 |
employed in this state or in a particular county in this state, | 1042 |
whichever is applicable, for more than three days or for an | 1043 |
aggregate of fourteen or more days in any calendar year, the name | 1044 |
and current address of the school, institution of higher | 1045 |
education, or place of employment of the offender or public | 1046 |
registry-qualified juvenile offender registrant who is | 1047 |
registering, including any other employment information, such as | 1048 |
the general area where the offender or public registry-qualified | 1049 |
juvenile offender registrant is employed, if the offender or | 1050 |
public registry-qualified juvenile offender registrant is employed | 1051 |
in many locations; | 1052 |
(6) The identification license plate number of each vehicle | 1053 |
the offender or delinquent child owns, of each vehicle registered | 1054 |
in the offender's or delinquent child's name, of each vehicle the | 1055 |
offender or delinquent child operates as a part of employment, and | 1056 |
of each other vehicle that is regularly available to be operated | 1057 |
by the offender or delinquent child; a description of where each | 1058 |
vehicle is habitually parked, stored, docked, or otherwise kept; | 1059 |
and, if required by the bureau of criminal identification and | 1060 |
investigation, a photograph of each of those vehicles; | 1061 |
(7) If the offender or delinquent child has a driver's or | 1062 |
commercial driver's license or permit issued by this state or any | 1063 |
other state or a state identification card issued under section | 1064 |
4507.50 or 4507.51 of the Revised Code or a comparable | 1065 |
identification card issued by another state, the driver's license | 1066 |
number, commercial driver's license number, or state | 1067 |
identification card number; | 1068 |
(8) If the offender or delinquent child was convicted of, | 1069 |
pleaded guilty to, or was adjudicated a delinquent child for | 1070 |
committing the sexually oriented offense resulting in the | 1071 |
registration duty in a court in another state, in a federal court, | 1072 |
military court, or Indian tribal court, or in a court in any | 1073 |
nation other than the United States, a DNA specimen, as defined in | 1074 |
section 109.573 of the Revised Code, from the offender or | 1075 |
delinquent child, a citation for, and the name of, the sexually | 1076 |
oriented offense resulting in the registration duty, and a | 1077 |
certified copy of a document that describes the text of that | 1078 |
sexually oriented offense; | 1079 |
(9) A description of each professional and occupational | 1080 |
license, permit, or registration, including those licenses, | 1081 |
permits, and registrations issued under Title XLVII of the Revised | 1082 |
Code, held by the offender or delinquent child; | 1083 |
(10) Any email addresses, internet identifiers, or telephone | 1084 |
numbers registered to or used by the offender or delinquent child; | 1085 |
(11) Any other information required by the bureau of criminal | 1086 |
identification and investigation. | 1087 |
(D) After an offender or delinquent child registers with a | 1088 |
sheriff, or the sheriff's designee, pursuant to this section, the | 1089 |
sheriff, or the sheriff's designee, shall forward the signed, | 1090 |
written registration form, photograph, and other material to the | 1091 |
bureau of criminal identification and investigation in accordance | 1092 |
with the forwarding procedures adopted pursuant to section 2950.13 | 1093 |
of the Revised Code. If an offender registers a school, | 1094 |
institution of higher education, or place of employment address, | 1095 |
or provides a school or institution of higher education address | 1096 |
under division (C)(4) of this section, the sheriff also shall | 1097 |
provide notice to the law enforcement agency with jurisdiction | 1098 |
over the premises of the school, institution of higher education, | 1099 |
or place of employment of the offender's name and that the | 1100 |
offender has registered that address as a place at which the | 1101 |
offender attends school or an institution of higher education or | 1102 |
at which the offender is employed. The bureau shall include the | 1103 |
information and materials forwarded to it under this division in | 1104 |
the state registry of sex offenders and child-victim offenders | 1105 |
established and maintained under section 2950.13 of the Revised | 1106 |
Code. | 1107 |
(E) No person who is required to register pursuant to | 1108 |
divisions (A) and (B) of this section, and no person who is | 1109 |
required to send a notice of intent to reside pursuant to division | 1110 |
(G) of this section, shall fail to register or send the notice of | 1111 |
intent as required in accordance with those divisions or that | 1112 |
division. | 1113 |
(F) An offender or delinquent child who is required to | 1114 |
register pursuant to divisions (A) and (B) of this section shall | 1115 |
register pursuant to this section for the period of time specified | 1116 |
in section 2950.07 of the Revised Code, with the duty commencing | 1117 |
on the date specified in division (A) of that section. | 1118 |
(G) If an offender or delinquent child who is required by | 1119 |
division (A) of this section to register is a tier III sex | 1120 |
offender/child-victim offender, the offender or delinquent child | 1121 |
also shall send the sheriff, or the sheriff's designee, of the | 1122 |
county in which the offender or delinquent child intends to reside | 1123 |
written notice of the offender's or delinquent child's intent to | 1124 |
reside in the county. The offender or delinquent child shall send | 1125 |
the notice of intent to reside at least twenty days prior to the | 1126 |
date the offender or delinquent child begins to reside in the | 1127 |
county. The notice of intent to reside shall contain the following | 1128 |
information: | 1129 |
(1) The offender's or delinquent child's name; | 1130 |
(2) The address or addresses at which the offender or | 1131 |
delinquent child intends to reside or, if the offender's or | 1132 |
delinquent child's intended residence is not a fixed address, a | 1133 |
detailed description of the place or places at which the offender | 1134 |
or delinquent child intends to stay; | 1135 |
(3) The sexually oriented offense of which the offender was | 1136 |
convicted, to which the offender pleaded guilty, or for which the | 1137 |
child was adjudicated a delinquent child. | 1138 |
(H) If, immediately prior to January 1, 2008, an offender or | 1139 |
delinquent child who was convicted of, pleaded guilty to, or was | 1140 |
adjudicated a delinquent child for committing a sexually oriented | 1141 |
offense or a child-victim oriented offense as those terms were | 1142 |
defined in section 2950.01 of the Revised Code prior to January 1, | 1143 |
2008, was required by division (A) of this section or section | 1144 |
2950.041 of the Revised Code to register and if, on or after | 1145 |
January 1, 2008, that offense is a sexually oriented offense as | 1146 |
that term is defined in section 2950.01 of the Revised Code on and | 1147 |
after January 1, 2008, the duty to register that is imposed | 1148 |
pursuant to this section on and after January 1, 2008, shall be | 1149 |
considered, for purposes of section 2950.07 of the Revised Code | 1150 |
and for all other purposes, to be a continuation of the duty | 1151 |
imposed upon the offender or delinquent child prior to January 1, | 1152 |
2008, under this section or section 2950.041 of the Revised Code. | 1153 |
(I)(1) An offender or delinquent child who states on the | 1154 |
registration form required by division (C) of this section that | 1155 |
the offender or delinquent child does not have a fixed residence | 1156 |
address shall include with the statement a detailed description of | 1157 |
the place or places at which the offender or delinquent child | 1158 |
intends to stay. For purposes of this section, sections 2950.06 to | 1159 |
2950.13 of the Revised Code, and sections 311.171 and 2919.24 of | 1160 |
the Revised Code, the place or places so described in the notice | 1161 |
shall be considered the offender's or delinquent child's residence | 1162 |
address and registered residence address and, if the offender or | 1163 |
delinquent child obtains a fixed residence address or otherwise | 1164 |
changes that registered residence address, the offender or | 1165 |
delinquent child shall comply with section 2950.05 of the Revised | 1166 |
Code. | 1167 |
(2)(a) An offender or delinquent child who states on the | 1168 |
registration form required by division (C) of this section that | 1169 |
the offender or delinquent child does not have a fixed residence | 1170 |
address and who is in any category described in division (I)(2)(b) | 1171 |
of this section shall be monitored by an active global positioning | 1172 |
system device for as long as the offender or delinquent child | 1173 |
remains without a fixed residence address and during any future | 1174 |
periods in which the offender or delinquent child does not have a | 1175 |
fixed residence address. The sheriff, or the sheriff's designee, | 1176 |
of the county in which the offender or delinquent child resides or | 1177 |
is temporarily domiciled shall cause the offender or delinquent | 1178 |
child to be monitored. The offender or delinquent child shall pay | 1179 |
the full costs of monitoring unless the offender or delinquent | 1180 |
child files with the sheriff or the sheriff's designee an | 1181 |
affidavit of indigency, supported by documentary evidence, showing | 1182 |
that the offender or delinquent child cannot pay part or all of | 1183 |
the costs of monitoring. To the extent that the offender or | 1184 |
delinquent child cannot pay the costs of monitoring, the county in | 1185 |
which the offender or delinquent child resides or is temporarily | 1186 |
domiciled shall pay those costs. | 1187 |
(b) The active global positioning system device monitoring | 1188 |
requirement imposed under division (I)(2)(a) of this section | 1189 |
applies to any offender or delinquent child who is in any of the | 1190 |
following categories: | 1191 |
(i) The offender is a tier III sex offender/child-victim | 1192 |
offender, or the delinquent child is a public registry-qualified | 1193 |
juvenile offender registrant, and a juvenile court has not removed | 1194 |
pursuant to section 2950.15 of the Revised Code the delinquent | 1195 |
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 1196 |
and 2950.06 of the Revised Code. | 1197 |
(ii) The delinquent child is a tier III sex | 1198 |
offender/child-victim offender who is not a public | 1199 |
registry-qualified juvenile offender registrant, the delinquent | 1200 |
child was classified a juvenile offender registrant on or after | 1201 |
January 1, 2008, and a juvenile court has not removed pursuant to | 1202 |
section 2152.84 or 2152.85 of the Revised Code the delinquent | 1203 |
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 1204 |
and 2950.06 of the Revised Code. | 1205 |
(iii) The offender or delinquent child is a sexual predator | 1206 |
relative to the sexually oriented offense for which the offender | 1207 |
or delinquent child has a duty to register under this section, | 1208 |
and, regarding a delinquent child, a juvenile court has not | 1209 |
subsequently removed pursuant to section 2152.84 or 2152.85 of the | 1210 |
Revised Code the delinquent child's duty to comply with sections | 1211 |
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. | 1212 |
(iv) The sexually oriented offense for which the offender has | 1213 |
the duty to register under this section is an aggravated sexually | 1214 |
oriented offense, regardless of whether the offender is a sexual | 1215 |
predator relative to the offense. | 1216 |
(v) The offender or delinquent child is not in any category | 1217 |
described in division (I)(2)(b)(i), (ii), (iii), or (iv) of this | 1218 |
section, but the court in which the offender was convicted of or | 1219 |
pleaded guilty to the sexually oriented offense or the juvenile | 1220 |
court in which the delinquent child was adjudicated a delinquent | 1221 |
child for committing the sexually oriented offense has issued an | 1222 |
order in accordance with division (J) of this section that | 1223 |
subjects the offender or delinquent child to the active global | 1224 |
positioning system device monitoring requirement imposed under | 1225 |
division (I)(2)(a) of this section. | 1226 |
(J)(1) A court may issue an order of the type described in | 1227 |
division (I)(2)(b)(v) of this section at either of the following | 1228 |
times: | 1229 |
(a) When it sentences the offender or makes an order of | 1230 |
disposition of the delinquent child; | 1231 |
(b) At any time after the sentencing of the offender or the | 1232 |
disposition of the delinquent child upon its own motion, upon the | 1233 |
request of a law enforcement officer, or upon the request of the | 1234 |
offender's or delinquent child's parole officer, probation | 1235 |
officer, field officer, or other supervising officer if the | 1236 |
offender or delinquent child is on supervised release. | 1237 |
(2) A court in which an offender is convicted of, pleads | 1238 |
guilty to, or is adjudicated a delinquent child for committing a | 1239 |
sexually oriented offense retains jurisdiction to issue an order | 1240 |
of the type described in division (I)(2)(b)(v) of this section | 1241 |
during the period the offender or delinquent child is required to | 1242 |
register as specified in section 2950.07 of the Revised Code. | 1243 |
Sec. 2950.041. (A)(1)(a) Immediately after a sentencing | 1244 |
hearing is held on or after January 1, 2008, for an offender who | 1245 |
is convicted of or pleads guilty to a child-victim oriented | 1246 |
offense and is sentenced to a prison term, a term of imprisonment, | 1247 |
or any other type of confinement and before the offender is | 1248 |
transferred to the custody of the department of rehabilitation and | 1249 |
correction or to the official in charge of the jail, workhouse, | 1250 |
state correctional institution, or other institution where the | 1251 |
offender will be confined, the offender shall register personally | 1252 |
with the sheriff, or the sheriff's designee, of the county in | 1253 |
which the offender was convicted of or pleaded guilty to the | 1254 |
child-victim offense. | 1255 |
(b) Immediately after a dispositional hearing is held on or | 1256 |
after January 1, 2008, for a child who is adjudicated a delinquent | 1257 |
child for committing a child-victim oriented offense, is | 1258 |
classified a juvenile offender registrant based on that | 1259 |
adjudication, and is committed to the custody of the department of | 1260 |
youth services or to a secure facility that is not operated by the | 1261 |
department and before the child is transferred to the custody of | 1262 |
the department of youth services or the secure facility to which | 1263 |
the delinquent child is committed, the delinquent child shall | 1264 |
register personally with the sheriff, or the sheriff's designee, | 1265 |
of the county in which the delinquent child was classified a | 1266 |
juvenile offender registrant based on that child-victim oriented | 1267 |
offense. | 1268 |
(c) A law enforcement officer shall be present at the | 1269 |
sentencing hearing or dispositional hearing described in division | 1270 |
(A)(1)(a) or (b) of this section to immediately transport the | 1271 |
offender or delinquent child who is the subject of the hearing to | 1272 |
the sheriff, or the sheriff's designee, of the county in which the | 1273 |
offender or delinquent child is convicted, pleads guilty, or is | 1274 |
adjudicated a delinquent child. | 1275 |
(d) After an offender who has registered pursuant to division | 1276 |
(A)(1)(a) of this section is released from a prison term, a term | 1277 |
of imprisonment, or any other type of confinement, the offender | 1278 |
shall register as provided in division (A)(2) of this section. | 1279 |
After a delinquent child who has registered pursuant to division | 1280 |
(A)(1)(b) of this section is released from the custody of the | 1281 |
department of youth services or from a secure facility that is not | 1282 |
operated by the department, the delinquent child shall register as | 1283 |
provided in division (A)(3) of this section. | 1284 |
(2) Regardless of when the child-victim oriented offense was | 1285 |
committed, each offender who is convicted of, pleads guilty to, | 1286 |
has been convicted of, or has pleaded guilty to a child-victim | 1287 |
oriented offense shall comply with all of the following | 1288 |
registration requirements: | 1289 |
(a) The offender shall register personally with the sheriff, | 1290 |
or the sheriff's designee, of the county within three days of the | 1291 |
offender's coming into a county in which the offender resides or | 1292 |
temporarily is domiciled for more than three days. | 1293 |
(b) The offender shall register personally with the sheriff, | 1294 |
or the sheriff's designee, of the county immediately upon coming | 1295 |
into a county in which the offender attends a school or | 1296 |
institution of higher education on a full-time or part-time basis | 1297 |
regardless of whether the offender resides or has a temporary | 1298 |
domicile in this state or another state. | 1299 |
(c) The offender shall register personally with the sheriff, | 1300 |
or the sheriff's designee, of the county in which the offender is | 1301 |
employed if the offender resides or has a temporary domicile in | 1302 |
this state and has been employed in that county for more than | 1303 |
three days or for an aggregate period of fourteen or more days in | 1304 |
that calendar year. | 1305 |
(d) The offender shall register personally with the sheriff, | 1306 |
or the sheriff's designee, of the county in which the offender | 1307 |
then is employed if the offender does not reside or have a | 1308 |
temporary domicile in this state and has been employed at any | 1309 |
location or locations in this state for more than three days or | 1310 |
for an aggregate period of fourteen or more days in that calendar | 1311 |
year. | 1312 |
(e) The offender shall register personally with the sheriff, | 1313 |
or the sheriff's designee, or other appropriate person of the | 1314 |
other state immediately upon entering into any state other than | 1315 |
this state in which the offender attends a school or institution | 1316 |
of higher education on a full-time or part-time basis or upon | 1317 |
being employed in any state other than this state for more than | 1318 |
three days or for an aggregate period of fourteen or more days in | 1319 |
that calendar year regardless of whether the offender resides or | 1320 |
has a temporary domicile in this state, the other state, or a | 1321 |
different state. | 1322 |
(3) Regardless of when the child-victim oriented offense was | 1323 |
committed, each child who on or after July 31, 2003, is | 1324 |
adjudicated a delinquent child for committing a child-victim | 1325 |
oriented offense and who is classified a juvenile offender | 1326 |
registrant based on that adjudication shall register personally | 1327 |
with the sheriff, or the sheriff's designee, of the county within | 1328 |
three days of the delinquent child's coming into a county in which | 1329 |
the delinquent child resides or temporarily is domiciled for more | 1330 |
than three days. If the delinquent child is committed for the | 1331 |
child-victim oriented offense to the department of youth services | 1332 |
or to a secure facility that is not operated by the department, | 1333 |
this duty begins when the delinquent child is discharged or | 1334 |
released in any manner from custody in a department of youth | 1335 |
services secure facility or from the secure facility that is not | 1336 |
operated by the department if pursuant to the discharge or release | 1337 |
the delinquent child is not committed to any other secure facility | 1338 |
of the department or any other secure facility. | 1339 |
(4) Regardless of when the child-victim oriented offense was | 1340 |
committed, each person who is convicted, pleads guilty, or is | 1341 |
adjudicated a delinquent child in a court in another state, in a | 1342 |
federal court, military court, or Indian tribal court, or in a | 1343 |
court in any nation other than the United States for committing a | 1344 |
child-victim oriented offense shall comply with all of the | 1345 |
following registration requirements if, at the time the offender | 1346 |
or delinquent child moves to and resides in this state or | 1347 |
temporarily is domiciled in this state for more than three days, | 1348 |
the offender enters this state to attend the school or institution | 1349 |
of higher education, or the offender is employed in this state for | 1350 |
more than the specified period of time, the offender or delinquent | 1351 |
child has a duty to register as a child-victim offender or sex | 1352 |
offender under the law of that other jurisdiction as a result of | 1353 |
the conviction, guilty plea, or adjudication: | 1354 |
(a) Each offender and delinquent child shall register | 1355 |
personally with the sheriff, or the sheriff's designee, of the | 1356 |
county within three days of the offender's or delinquent child's | 1357 |
coming into the county in which the offender or delinquent child | 1358 |
resides or temporarily is domiciled for more than three days. | 1359 |
(b) Each offender shall register personally with the sheriff, | 1360 |
or the sheriff's designee, of the county immediately upon coming | 1361 |
into a county in which the offender attends a school or | 1362 |
institution of higher education on a full-time or part-time basis | 1363 |
regardless of whether the offender resides or has a temporary | 1364 |
domicile in this state or another state. | 1365 |
(c) Each offender shall register personally with the sheriff, | 1366 |
or the sheriff's designee, of the county in which the offender is | 1367 |
employed if the offender resides or has a temporary domicile in | 1368 |
this state and has been employed in that county for more than | 1369 |
three days or for an aggregate period of fourteen days or more in | 1370 |
that calendar year. | 1371 |
(d) Each offender shall register personally with the sheriff, | 1372 |
or the sheriff's designee, of the county in which the offender | 1373 |
then is employed if the offender does not reside or have a | 1374 |
temporary domicile in this state and has not been employed at any | 1375 |
location or locations in this state for more than three days or | 1376 |
for an aggregate period of fourteen or more days in that calendar | 1377 |
year. | 1378 |
(5) An offender is not required to register under division | 1379 |
(A)(2), (3), or (4) of this section if a court issues an order | 1380 |
terminating the offender's duty to comply with sections 2950.04, | 1381 |
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to | 1382 |
section 2950.15 of the Revised Code. A delinquent child who is a | 1383 |
juvenile offender registrant but is not a public | 1384 |
registry-qualified juvenile offender registrant is not required to | 1385 |
register under any of those divisions if a juvenile court issues | 1386 |
an order declassifying the delinquent child as a juvenile offender | 1387 |
registrant pursuant to section 2152.84 or 2152.85 of the Revised | 1388 |
Code. | 1389 |
(B) An offender or delinquent child who is required by | 1390 |
division (A) of this section to register in this state personally | 1391 |
shall do so in the manner described in division (B) of section | 1392 |
2950.04 of the Revised Code, and the registration is complete as | 1393 |
described in that division. | 1394 |
(C) The registration form to be used under divisions (A) and | 1395 |
(B) of this section shall include or contain all of the following | 1396 |
for the offender or delinquent child who is registering: | 1397 |
(1) The offender's or delinquent child's name, any aliases | 1398 |
used by the offender or delinquent child, and a photograph of the | 1399 |
offender or delinquent child; | 1400 |
(2) The offender's or delinquent child's social security | 1401 |
number and date of birth, including any alternate social security | 1402 |
numbers or dates of birth that the offender or delinquent child | 1403 |
has used or uses; | 1404 |
(3) Regarding an offender or delinquent child who is | 1405 |
registering under a duty imposed under division (A)(1) of this | 1406 |
section, a statement that the offender is serving a prison term, | 1407 |
term of imprisonment, or any other type of confinement or a | 1408 |
statement that the delinquent child is in the custody of the | 1409 |
department of youth services or is confined in a secure facility | 1410 |
that is not operated by the department; | 1411 |
(4) Regarding an offender or delinquent child who is | 1412 |
registering under a duty imposed under division (A)(2), (3), or | 1413 |
(4) of this section as a result of the offender or delinquent | 1414 |
child residing in this state or temporarily being domiciled in | 1415 |
this state for more than three days, all of the information and | 1416 |
statements described in division (C)(4) of section 2950.04 of the | 1417 |
Revised Code and division (I)(1) of this section; | 1418 |
(5) Regarding an offender who is registering under a duty | 1419 |
imposed under division (A)(2) or (4) of this section as a result | 1420 |
of the offender attending a school or institution of higher | 1421 |
education on a full-time or part-time basis or being employed in | 1422 |
this state or in a particular county in this state, whichever is | 1423 |
applicable, for more than three days or for an aggregate of | 1424 |
fourteen or more days in any calendar year, all of the information | 1425 |
described in division (C)(5) of section 2950.04 of the Revised | 1426 |
Code; | 1427 |
(6) The identification license plate number issued by this | 1428 |
state or any other state of each vehicle the offender or | 1429 |
delinquent child owns, of each vehicle registered in the | 1430 |
offender's or delinquent child's name, of each vehicle the | 1431 |
offender or delinquent child operates as a part of employment, and | 1432 |
of each other vehicle that is regularly available to be operated | 1433 |
by the offender or delinquent child; a description of where each | 1434 |
vehicle is habitually parked, stored, docked, or otherwise kept; | 1435 |
and, if required by the bureau of criminal identification and | 1436 |
investigation, a photograph of each of those vehicles; | 1437 |
(7) If the offender or delinquent child has a driver's or | 1438 |
commercial driver's license or permit issued by this state or any | 1439 |
other state or a state identification card issued under section | 1440 |
4507.50 or 4507.51 of the Revised Code or a comparable | 1441 |
identification card issued by another state, the driver's license | 1442 |
number, commercial driver's license number, or state | 1443 |
identification card number; | 1444 |
(8) If the offender or delinquent child was convicted of, | 1445 |
pleaded guilty to, or was adjudicated a delinquent child for | 1446 |
committing the child-victim oriented offense resulting in the | 1447 |
registration duty in a court in another state, in a federal court, | 1448 |
military court, or Indian tribal court, or in a court in any | 1449 |
nation other than the United States, a DNA specimen, as defined in | 1450 |
section 109.573 of the Revised Code, from the offender or | 1451 |
delinquent child, a citation for, and the name of, the | 1452 |
child-victim oriented offense resulting in the registration duty, | 1453 |
and a certified copy of a document that describes the text of that | 1454 |
child-victim oriented offense; | 1455 |
(9) Copies of travel and immigration documents; | 1456 |
(10) A description of each professional and occupational | 1457 |
license, permit, or registration, including those licenses, | 1458 |
permits, and registrations issued under Title XLVII of the Revised | 1459 |
Code, held by the offender or delinquent child; | 1460 |
(11) Any email addresses, internet identifiers, or telephone | 1461 |
numbers registered to or used by the offender or delinquent child; | 1462 |
(12) Any other information required by the bureau of criminal | 1463 |
identification and investigation. | 1464 |
(D) Division (D) of section 2950.04 of the Revised Code | 1465 |
applies when an offender or delinquent child registers with a | 1466 |
sheriff pursuant to this section. | 1467 |
(E) No person who is required to register pursuant to | 1468 |
divisions (A) and (B) of this section, and no person who is | 1469 |
required to send a notice of intent to reside pursuant to division | 1470 |
(G) of this section, shall fail to register or send the notice as | 1471 |
required in accordance with those divisions or that division. | 1472 |
(F) An offender or delinquent child who is required to | 1473 |
register pursuant to divisions (A) and (B) of this section shall | 1474 |
register pursuant to this section for the period of time specified | 1475 |
in section 2950.07 of the Revised Code, with the duty commencing | 1476 |
on the date specified in division (A) of that section. | 1477 |
(G) If an offender or delinquent child who is required by | 1478 |
division (A) of this section to register is a tier III sex | 1479 |
offender/child-victim offender, the offender or delinquent child | 1480 |
also shall send the sheriff, or the sheriff's designee, of the | 1481 |
county in which the offender or delinquent child intends to reside | 1482 |
written notice of the offender's or delinquent child's intent to | 1483 |
reside in the county. The offender or delinquent child shall send | 1484 |
the notice of intent to reside at least twenty days prior to the | 1485 |
date the offender or delinquent child begins to reside in the | 1486 |
county. The notice of intent to reside shall contain all of the | 1487 |
following information: | 1488 |
(1) The information specified in divisions (G)(1) and (2) of | 1489 |
section 2950.04 of the Revised Code; | 1490 |
(2) The child-victim oriented offense of which the offender | 1491 |
was convicted, to which the offender pleaded guilty, or for which | 1492 |
the child was adjudicated a delinquent child. | 1493 |
(H) If, immediately prior to January 1, 2008, an offender or | 1494 |
delinquent child who was convicted of, pleaded guilty to, or was | 1495 |
adjudicated a delinquent child for committing a child-victim | 1496 |
oriented offense or a sexually oriented offense as those terms | 1497 |
were defined in section 2950.01 of the Revised Code prior to | 1498 |
January 1, 2008, was required by division (A) of this section or | 1499 |
section 2950.04 of the Revised Code to register and if, on or | 1500 |
after January 1, 2008, that offense is a child-victim oriented | 1501 |
offense as that term is defined in section 2950.01 of the Revised | 1502 |
Code on and after January 1, 2008, the duty to register that is | 1503 |
imposed pursuant to this section on and after January 1, 2008, | 1504 |
shall be considered, for purposes of section 2950.07 of the | 1505 |
Revised Code and for all other purposes, to be a continuation of | 1506 |
the duty imposed upon the offender or delinquent child prior to | 1507 |
January 1, 2008, under this section or section 2950.04 of the | 1508 |
Revised Code. | 1509 |
(I)(1) An offender or delinquent child who states on the | 1510 |
registration form required by division (C) of this section that | 1511 |
the offender or delinquent child does not have a fixed residence | 1512 |
address shall include with the statement a detailed description of | 1513 |
the place or places at which the offender or delinquent child | 1514 |
intends to stay. For purposes of this section, sections 2950.06 to | 1515 |
2950.13 of the Revised Code, and sections 311.171 and 2919.24 of | 1516 |
the Revised Code, the place or places so described in the notice | 1517 |
shall be considered the offender's or delinquent child's residence | 1518 |
address and registered residence address and, if the offender or | 1519 |
delinquent child obtains a fixed residence address or otherwise | 1520 |
changes that registered residence address, the offender or | 1521 |
delinquent child shall comply with section 2950.05 of the Revised | 1522 |
Code. | 1523 |
(2)(a) An offender or delinquent child who states on the | 1524 |
registration form required by division (C) of this section that | 1525 |
the offender or delinquent child does not have a fixed residence | 1526 |
address and who is in any category described in division (I)(2)(b) | 1527 |
of this section shall be monitored by an active global positioning | 1528 |
system device for as long as the offender or delinquent child | 1529 |
remains without a fixed residence address and during any future | 1530 |
periods in which the offender or delinquent child does not have a | 1531 |
fixed residence address. The sheriff, or the sheriff's designee, | 1532 |
of the county in which the offender or delinquent child resides or | 1533 |
is temporarily domiciled shall cause the offender or delinquent | 1534 |
child to be monitored. The offender or delinquent child shall pay | 1535 |
the full costs of monitoring unless the offender or delinquent | 1536 |
child files with the sheriff or the sheriff's designee an | 1537 |
affidavit of indigency, supported by documentary evidence, showing | 1538 |
that the offender or delinquent child cannot pay part or all of | 1539 |
the costs of monitoring. To the extent that the offender or | 1540 |
delinquent child cannot pay the costs of monitoring, the county in | 1541 |
which the offender or delinquent child resides or is temporarily | 1542 |
domiciled shall pay those costs. | 1543 |
(b) The active global positioning system device monitoring | 1544 |
requirement imposed under division (I)(2)(a) of this section | 1545 |
applies to any offender or delinquent child who is in any of the | 1546 |
following categories: | 1547 |
(i) The offender is a tier III sex offender/child-victim | 1548 |
offender, or the delinquent child is a public registry-qualified | 1549 |
juvenile offender registrant and a juvenile court has not removed | 1550 |
pursuant to section 2950.15 of the Revised Code the delinquent | 1551 |
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 1552 |
and 2950.06 of the Revised Code. | 1553 |
(ii) The delinquent child is a tier III sex | 1554 |
offender/child-victim offender who is not a public | 1555 |
registry-qualified juvenile offender registrant, the delinquent | 1556 |
child was classified a juvenile offender registrant on or after | 1557 |
January 1, 2008, and a juvenile court has not removed pursuant to | 1558 |
section 2152.84 or 2152.85 of the Revised Code the delinquent | 1559 |
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 1560 |
and 2950.06 of the Revised Code. | 1561 |
(iii) The offender or delinquent child is a child-victim | 1562 |
predator relative to the child-victim oriented offense for which | 1563 |
the offender or delinquent child has a duty to register under this | 1564 |
section, and, regarding a delinquent child, a juvenile court has | 1565 |
not subsequently removed pursuant to section 2152.84 or 2152.85 of | 1566 |
the Revised Code the delinquent child's duty to comply with | 1567 |
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 1568 |
Code. | 1569 |
(iv) The offender or delinquent child is not in any category | 1570 |
described in division (I)(2)(b)(i), (ii), or (iii) of this section | 1571 |
but the court in which the offender was convicted of or pleaded | 1572 |
guilty to the child-victim oriented offense or the juvenile court | 1573 |
in which the delinquent child was adjudicated a delinquent child | 1574 |
for committing the child-victim oriented offense has issued an | 1575 |
order in accordance with division (J) of this section that | 1576 |
subjects the offender or delinquent child to the active global | 1577 |
positioning system device monitoring requirement imposed under | 1578 |
division (I)(2)(a) of this section. | 1579 |
(J)(1) A court may issue an order of the type described in | 1580 |
division (I)(2)(b)(iv) of this section at either of the following | 1581 |
times: | 1582 |
(a) When it sentences the offender or makes an order of | 1583 |
disposition of the delinquent child; | 1584 |
(b) At any time after the sentencing of the offender or the | 1585 |
disposition of the delinquent child upon its own motion, upon the | 1586 |
request of a law enforcement officer, or upon the request of the | 1587 |
offender's or delinquent child's parole officer, probation | 1588 |
officer, field officer, or other supervising officer if the | 1589 |
offender or delinquent child is on supervised release. | 1590 |
(2) A court in which an offender is convicted of, pleads | 1591 |
guilty to, or is adjudicated a delinquent child for committing a | 1592 |
child-victim oriented offense retains jurisdiction to issue an | 1593 |
order of the type described in division (I)(2)(b)(iv) of this | 1594 |
section during the period the offender or delinquent child is | 1595 |
required to register as specified in section 2950.07 of the | 1596 |
Revised Code. | 1597 |
Sec. 2950.05. (A) If an offender or delinquent child is | 1598 |
required to register pursuant to division (A)(2), (3), or (4) of | 1599 |
section 2950.04 or 2950.041 of the Revised Code, the delinquent | 1600 |
child if not a public registry-qualified juvenile offender | 1601 |
registrant shall provide written notice of any change of residence | 1602 |
address, and the offender and delinquent child if a public | 1603 |
registry-qualified juvenile offender registrant shall provide | 1604 |
notice of any change of residence, school, institution of higher | 1605 |
education, or place of employment address, to the sheriff with | 1606 |
whom the offender or delinquent child most recently registered the | 1607 |
address under division (A)(2), (3), or (4) of section 2950.04 or | 1608 |
2950.041 of the Revised Code or under division (B) of this | 1609 |
section. A written notice of a change of school, institution of | 1610 |
higher education, or place of employment address also shall | 1611 |
include the name of the new school, institution of higher | 1612 |
education, or place of employment. The delinquent child if not a | 1613 |
public registry-qualified juvenile offender registrant shall | 1614 |
provide the written notice at least twenty days prior to changing | 1615 |
the residence address, and the offender and public | 1616 |
registry-qualified juvenile offender registrant shall provide the | 1617 |
written notice at least twenty days prior to changing the address | 1618 |
of the residence, school, or institution of higher education and | 1619 |
not later than three days after changing the address of the place | 1620 |
of employment. They shall provide the written notices during the | 1621 |
period they are required to register. If a residence address | 1622 |
change is not to a fixed address, the offender or delinquent child | 1623 |
shall include in that notice a detailed description of the place | 1624 |
or places at which the offender or delinquent child intends to | 1625 |
stay and, not later than the end of the first business day | 1626 |
immediately following the day on which the
| 1627 |
delinquent child obtains a fixed residence address, shall provide | 1628 |
that sheriff written notice of that fixed residence address. If | 1629 |
1630 | |
change is not to a fixed address describes in a notice under this | 1631 |
division the place or places at which the person intends to stay, | 1632 |
for purposes of divisions (C) to (I) of this section, sections | 1633 |
2950.06 to 2950.13 of the Revised Code, and sections 311.171 and | 1634 |
2919.24 of the Revised Code, the place or places so described in | 1635 |
the notice shall be considered the
| 1636 |
delinquent child's residence address and registered residence | 1637 |
address until the | 1638 |
written notice of a fixed residence address as described in this | 1639 |
division. An offender or delinquent child who is in any category | 1640 |
described in division (I)(2)(b) of section 2950.04 or 2950.041 of | 1641 |
the Revised Code and whose residence address change is not to a | 1642 |
fixed address shall be monitored by an active global positioning | 1643 |
system device as provided in division (I) of section 2950.04 or | 1644 |
division (I) of section 2950.041 of the Revised Code until the | 1645 |
offender or delinquent child provides written notice of a fixed | 1646 |
residence address as described in this division. | 1647 |
(B) If an offender or public registry-qualified juvenile | 1648 |
offender registrant is required to provide notice of a residence, | 1649 |
school, institution of higher education, or place of employment | 1650 |
address change under division (A) of this section, or a delinquent | 1651 |
child who is not a public registry-qualified juvenile offender | 1652 |
registrant is required to provide notice of a residence address | 1653 |
change under that division, the offender or delinquent child, at | 1654 |
least twenty days prior to changing the residence, school, or | 1655 |
institution of higher education address and not later than three | 1656 |
days after changing the place of employment address, as | 1657 |
applicable, also shall register the new address in the manner, and | 1658 |
using the form, described in divisions (B) and (C) of section | 1659 |
2950.04 or 2950.041 of the Revised Code, whichever is applicable, | 1660 |
with the sheriff of the county in which the offender's or | 1661 |
delinquent child's new address is located, subject to division (C) | 1662 |
of this section. If a residence address change is not to a fixed | 1663 |
address, the offender or delinquent child shall include in the | 1664 |
registration a detailed description of the place or places at | 1665 |
which the offender or delinquent child intends to stay and, not | 1666 |
later than the end of the first business day immediately following | 1667 |
the day on which the | 1668 |
fixed residence address, shall register with that sheriff that | 1669 |
fixed residence address. If
| 1670 |
child whose residence address change is not to a fixed address | 1671 |
describes in a registration under this division the place or | 1672 |
places at which the person intends to stay, for purposes of | 1673 |
divisions (C) to (I) of this section, sections 2950.06 to 2950.13 | 1674 |
of the Revised Code, and sections 311.171 and 2919.24 of the | 1675 |
Revised Code, the place or places so described in the registration | 1676 |
shall be considered the | 1677 |
residence address and registered residence address, until the | 1678 |
1679 | |
address as described in this division. An offender or delinquent | 1680 |
child who is in any category described in division (I)(2)(b) of | 1681 |
section 2950.04 or 2950.041 of the Revised Code and whose | 1682 |
residence address change is not to a fixed address shall be | 1683 |
monitored by an active global positioning system device as | 1684 |
provided in division (I) of section 2950.04 or division (I) of | 1685 |
section 2950.041 of the Revised Code until the offender or | 1686 |
delinquent child provides written notice of a fixed residence | 1687 |
address as described in this division. | 1688 |
(C) Divisions (A) and (B) of this section apply to | 1689 |
an offender or delinquent child who is required to register | 1690 |
pursuant to division (A)(2), (3), or (4) of section 2950.04 or | 1691 |
2950.041 of the Revised Code regardless of whether the new | 1692 |
residence, school, institution of higher education, or place of | 1693 |
employment address is in this state or in another state. If the | 1694 |
new address is in another state, the | 1695 |
child shall register with the appropriate law enforcement | 1696 |
officials in that state in the manner required under the law of | 1697 |
that state and within the earlier of the period of time required | 1698 |
under the law of that state or at least seven days prior to | 1699 |
changing the address. | 1700 |
(D) If an offender or delinquent child who is a public | 1701 |
registry-qualified juvenile offender registrant is required to | 1702 |
register pursuant to division (A)(2), (3), or (4) of section | 1703 |
2950.04 or 2950.041 of the Revised Code, the offender or public | 1704 |
registry-qualified juvenile offender registrant shall provide | 1705 |
written notice, within three days of the change, of any change in | 1706 |
vehicle information, email addresses, internet identifiers, or | 1707 |
telephone numbers registered to or used by the offender or | 1708 |
registrant to the sheriff with whom the offender or registrant has | 1709 |
most recently registered under division (A)(2), (3), or (4) of | 1710 |
section 2950.04 or 2950.041 of the Revised Code. | 1711 |
(E)(1) Upon receiving from an offender or delinquent child | 1712 |
pursuant to division (A) of this section notice of a change of the | 1713 |
offender's or public registry-qualified juvenile offender | 1714 |
registrant's residence, school, institution of higher education, | 1715 |
or place of employment address or the residence address of a | 1716 |
delinquent child who is not a public registry-qualified juvenile | 1717 |
offender registrant, a sheriff promptly shall forward the new | 1718 |
address to the bureau of criminal identification and investigation | 1719 |
in accordance with the forwarding procedures adopted pursuant to | 1720 |
section 2950.13 of the Revised Code if the new address is in | 1721 |
another state or, if the new address is located in another county | 1722 |
in this state, to the sheriff of that county. Upon receiving from | 1723 |
an offender or public registry-qualified juvenile offender | 1724 |
registrant notice of vehicle and identifier changes pursuant to | 1725 |
division (D) of this section, a sheriff promptly shall forward the | 1726 |
new information to the bureau of criminal identification and | 1727 |
investigation in accordance with the forwarding procedures adopted | 1728 |
pursuant to section 2950.13 of the Revised Code. The bureau shall | 1729 |
include all information forwarded to it under this division in the | 1730 |
state registry of sex offenders and child-victim offenders | 1731 |
established and maintained under section 2950.13 of the Revised | 1732 |
Code and shall forward notice of the offender's or delinquent | 1733 |
child's new residence, school, institution of higher education, or | 1734 |
place of employment address, as applicable, to the appropriate | 1735 |
officials in the other state. | 1736 |
(2) When an offender or public registry-qualified juvenile | 1737 |
offender registrant registers a new residence, school, institution | 1738 |
of higher education, or place of employment address or a | 1739 |
delinquent child who is not a public registry-qualified juvenile | 1740 |
offender registrant registers a new residence address pursuant to | 1741 |
division (B) of this section, the sheriff with whom the offender | 1742 |
or delinquent child registers and the bureau of criminal | 1743 |
identification and investigation shall comply with division (D) of | 1744 |
section 2950.04 or 2950.041 of the Revised Code, whichever is | 1745 |
applicable. | 1746 |
(F)(1) No person who is required to notify a sheriff of a | 1747 |
change of address pursuant to division (A) of this section or a | 1748 |
change in vehicle information or identifiers pursuant to division | 1749 |
(D) of this section shall fail to notify the appropriate sheriff | 1750 |
in accordance with that division. | 1751 |
(2) No person who is required to register a new residence, | 1752 |
school, institution of higher education, or place of employment | 1753 |
address with a sheriff or with an official of another state | 1754 |
pursuant to divisions (B) and (C) of this section shall fail to | 1755 |
register with the appropriate sheriff or official of the other | 1756 |
state in accordance with those divisions. | 1757 |
(G)(1) It is an affirmative defense to a charge of a | 1758 |
violation of division (F)(1) of this section that it was | 1759 |
impossible for the person to provide the written notice to the | 1760 |
sheriff as required under division (A) of this section because of | 1761 |
a lack of knowledge, on the date specified for the provision of | 1762 |
the written notice, of a residence, school, institution of higher | 1763 |
education, or place of employment address change, and that the | 1764 |
person provided notice of the residence, school, institution of | 1765 |
higher education, or place of employment address change to the | 1766 |
sheriff specified in division (A) of this section as soon as | 1767 |
possible, but not later than the end of the first business day, | 1768 |
after learning of the address change by doing either of the | 1769 |
following: | 1770 |
(a) The person provided notice of the address change to the | 1771 |
sheriff specified in division (A) of this section by telephone | 1772 |
immediately upon learning of the address change or, if the person | 1773 |
did not have reasonable access to a telephone at that time, as | 1774 |
soon as possible, but not later than the end of the first business | 1775 |
day, after learning of the address change and having reasonable | 1776 |
access to a telephone, and the person, as soon as possible, but | 1777 |
not later than the end of the first business day, after providing | 1778 |
notice of the address change to the sheriff by telephone, provided | 1779 |
written notice of the address change to that sheriff. | 1780 |
(b) The person, as soon as possible, but not later than the | 1781 |
end of the first business day, after learning of the address | 1782 |
change, provided written notice of the address change to the | 1783 |
sheriff specified in division (A) of this section. | 1784 |
(2) It is an affirmative defense to a charge of a violation | 1785 |
of division (F)(2) of this section that it was impossible for the | 1786 |
person to register the new address with the sheriff or the | 1787 |
official of the other state as required under division (B) or (C) | 1788 |
of this section because of a lack of knowledge, on the date | 1789 |
specified for the registration of the new address, of a residence, | 1790 |
school, institution of higher education, or place of employment | 1791 |
address change, and that the person registered the new residence, | 1792 |
school, institution of higher education, or place of employment | 1793 |
address with the sheriff or the official of the other state | 1794 |
specified in division (B) or (C) of this section as soon as | 1795 |
possible, but not later than the end of the first business day, | 1796 |
after learning of the address change by doing either of the | 1797 |
following: | 1798 |
(a) The person provided notice of the new address to the | 1799 |
sheriff or official specified in division (B) or (C) of this | 1800 |
section by telephone immediately upon learning of the new address | 1801 |
or, if the person did not have reasonable access to a telephone at | 1802 |
that time, as soon as possible, but not later than the end of the | 1803 |
first business day, after learning of the new address and having | 1804 |
reasonable access to a telephone, and the person, as soon as | 1805 |
possible, but not later than the end of the first business day, | 1806 |
after providing notice of the new address to the sheriff or | 1807 |
official by telephone, registered the new address with that | 1808 |
sheriff or official in accordance with division (B) or (C) of this | 1809 |
section. | 1810 |
(b) The person, as soon as possible, but not later than the | 1811 |
end of the first business day, after learning of the new address, | 1812 |
registered the new address with the sheriff or official specified | 1813 |
in division (B) or (C) of this section, in accordance with that | 1814 |
division. | 1815 |
(H) An offender or delinquent child who is required to comply | 1816 |
with divisions (A), (B), and (C) of this section shall do so for | 1817 |
the period of time specified in section 2950.07 of the Revised | 1818 |
Code. | 1819 |
(I) As used in this section, and in all other sections of the | 1820 |
Revised Code that refer to the duties imposed on an offender or | 1821 |
delinquent child under this section relative to a change in the | 1822 |
offender's or delinquent child's residence, school, institution of | 1823 |
higher education, or place of employment address, "change in | 1824 |
address" includes any circumstance in which the old address for | 1825 |
the person in question no longer is accurate, regardless of | 1826 |
whether the person in question has a new address. | 1827 |
Section 2. That existing sections 2950.01, 2950.03, 2950.04, | 1828 |
2950.041, and 2950.05 of the Revised Code are hereby repealed. | 1829 |