(5) Any person whose case is transferred for criminal | 49 |
prosecution pursuant to section 2152.12 of the Revised Code and | 50 |
who subsequently is convicted of or pleads guilty to a felony in | 51 |
that case, and any person who is adjudicated a delinquent child | 52 |
for the commission of an act, who has a serious youthful offender | 53 |
dispositional sentence imposed for the act pursuant to section | 54 |
2152.13 of the Revised Code, and whose adult portion of the | 55 |
dispositional sentence is invoked pursuant to section 2152.14 of | 56 |
the Revised Code, shall be deemed after the transfer or invocation | 57 |
not to be a child in any case in which a complaint is filed | 58 |
against the person. | 59 |
(6) The juvenile court has jurisdiction over a person who is | 60 |
adjudicated a delinquent child or juvenile traffic offender prior | 61 |
to attaining eighteen years of age until the person attains | 62 |
twenty-one years of age, and, for purposes of that jurisdiction | 63 |
related to that adjudication, except as otherwise provided in this | 64 |
division, a person who is so adjudicated a delinquent child or | 65 |
juvenile traffic offender shall be deemed a "child" until the | 66 |
person attains twenty-one years of age. If a person is so | 67 |
adjudicated a delinquent child or juvenile traffic offender and | 68 |
the court makes a disposition of the person under this chapter, at | 69 |
any time after the person attains eighteen years of age, the | 70 |
places at which the person may be held under that disposition are | 71 |
not limited to places authorized under this chapter solely for | 72 |
confinement of children, and the person may be confined under that | 73 |
disposition, in accordance with division (F)(2) of section 2152.26 | 74 |
of the Revised Code, in places other than those authorized under | 75 |
this chapter solely for confinement of children. | 76 |
(DD) "Non-economic loss" means nonpecuniary harm suffered by | 197 |
a victim of a delinquent act or juvenile traffic offense as a | 198 |
result of or related to the delinquent act or juvenile traffic | 199 |
offense, including, but not limited to, pain and suffering; loss | 200 |
of society, consortium, companionship, care, assistance, | 201 |
attention, protection, advice, guidance, counsel, instruction, | 202 |
training, or education; mental anguish; and any other intangible | 203 |
loss. | 204 |
Sec. 2152.851. (A) If, prior to January 1, 2008, a judge | 205 |
issues an order under section 2152.82, 2152.83, 2152.84, or | 206 |
2152.85 of the Revised Code that classifies a delinquent child a | 207 |
juvenile offender registrant based on an adjudication for a | 208 |
sexually oriented offense or a child-victim oriented offense as | 209 |
those terms were defined in section 2950.01 of the Revised Code | 210 |
prior to January 1, 2008, and if, on and after January 1, 2008, | 211 |
the offense upon which the order was based is a sexually oriented | 212 |
offense or a child-victim oriented offense as those terms are | 213 |
defined in section 2950.01 of the Revised Code on and after | 214 |
January 1, 2008, notwithstanding the changes to sections 2152.82, | 215 |
2152.83, 2152.84, and 2152.85 of the Revised Code made on January | 216 |
1, 2008, on and after that date, the order shall remain in effect | 217 |
for the period described in the section under which it was issued | 218 |
as that section exists on and after January 1, 2008, subject to | 219 |
subsequent modification or termination under section 2152.84, | 220 |
2152.85, or 2950.15 of the Revised Code, or, if division (A)(3) of | 221 |
section 2152.86 of the Revised Code applies regarding the child, | 222 |
for the period described in division (C) of that section subject | 223 |
to modification or termination under section 2152.84, 2152.85, or | 224 |
2950.15 of the Revised Code, whichever is applicable, and the duty | 225 |
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of | 226 |
the Revised Code on and after January 1, 2008, shall be | 227 |
considered, for purposes of section 2950.07 of the Revised Code | 228 |
and for all other purposes, to beis a continuation of the duty | 229 |
imposed upon the child prior to January 1, 2008, under the order | 230 |
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and | 231 |
Chapter 2950. of the Revised Code. | 232 |
(B) If a judge issued an order prior to January 1, 2008, | 233 |
under section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised | 234 |
Code classifying a delinquent child a juvenile offender registrant | 235 |
based on an adjudication for a sexually oriented offense or | 236 |
child-victim oriented offense and if the child has a duty on and | 237 |
after the date of the judicial tier reclassification of the child | 238 |
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of | 239 |
the Revised Code based on that offense, the duty to comply with | 240 |
those sections resulting from the reclassification is a | 241 |
continuation of the duty imposed upon the child prior to January | 242 |
1, 2008, under the order issued under section 2152.82, 2152.83, | 243 |
2152.84, or 2152.85 of the Revised Code. | 244 |
Sec. 2152.86. (A)(1) The court that, on or after January 1, | 245 |
2008, adjudicates a child a delinquent child for committing an act | 246 |
shall issue as part of the dispositional order an order that | 247 |
classifies the child a juvenile offender registrant, specifies | 248 |
that the child has a duty to comply with sections 2950.04, | 249 |
2950.041, 2950.05, and 2950.06 of the Revised Code, and | 250 |
additionally classifies the child a public registry-qualified | 251 |
juvenile offender registrant if the child was fourteen, fifteen, | 252 |
sixteen, or seventeen years of age at the time of committing the | 253 |
act, the court imposed on the child a serious youthful offender | 254 |
dispositional sentence under section 2152.13 of the Revised Code, | 255 |
and the child is adjudicated a delinquent child for committing, | 256 |
attempting to commit, conspiring to commit, or complicity in | 257 |
committing any of the following acts: | 258 |
(3) If a court issued an order classifying a child a juvenile | 284 |
offender registrant pursuant to section 2152.82 or 2152.83 of the | 285 |
Revised Code prior to January 1, 2008, not later than February 1, | 286 |
2008, the court shall issue a new order that reclassifies the | 287 |
child as a juvenile offender registrant, specifies that the child | 288 |
has a duty to comply with sections 2950.04, 2950.041, 2950.05, and | 289 |
2950.06 of the Revised Code, and additionally classifies the child | 290 |
a public registry-qualified juvenile offender registrant if all of | 291 |
the following apply: | 292 |
(B)(1) If an order is issued under division (A)(1), (2), or | 303 |
(3) of this section, the classification of tier III sex | 304 |
offender/child-victim offender automatically applies to the | 305 |
delinquent child based on the sexually oriented offense the child | 306 |
committed, subject to a possible reclassification pursuant to | 307 |
division (D) of this section for a child whose delinquent act was | 308 |
committed prior to January 1, 2008. If an order is issued under | 309 |
division (A)(2) of this section regarding a child whose delinquent | 310 |
act described in division (A)(1)(a) or (b) of this section was | 311 |
committed prior to January 1, 2008, or if an order is issued under | 312 |
division (A)(3) of this section regarding a delinquent child, the | 313 |
order shall inform the child and the child's parent, guardian, or | 314 |
custodian, that the child has a right to a hearing as described in | 315 |
division (D) of this section and inform the child and the child's | 316 |
parent, guardian, or custodian of the procedures for requesting | 317 |
the hearing and the period of time within which the request for | 318 |
the hearing must be made. Section 2152.831 of the Revised Code | 319 |
does not apply regarding an order issued under division (A)(1), | 320 |
(2), or (3) of this section. | 321 |
(2) The judge that issues an order under division (A)(1), | 322 |
(2), or (3) of this section shall provide to the delinquent child | 323 |
who is the subject of the order and to the delinquent child's | 324 |
parent, guardian, or custodian the notice required under divisions | 325 |
(A) and (B) of section 2950.03 of the Revised Code and shall | 326 |
provide as part of that notice a copy of the order required under | 327 |
division (A)(1), (2), or (3) of this section. The judge shall | 328 |
include the order in the delinquent child's dispositional order | 329 |
and shall specify in the dispositional order that the order issued | 330 |
under division (A)(1), (2), or (3) of this section was made | 331 |
pursuant to this section. | 332 |
(C) An order issued under division (A)(1), (2), or (3) of | 333 |
this section shall remain in effect for the period of time | 334 |
specified in section 2950.07 of the Revised Code as it exists on | 335 |
and after January 1, 2008, subject to a judicial termination of | 336 |
that period of time as provided in section 2950.15 of the Revised | 337 |
Code, subject to a possible reclassification of the child pursuant | 338 |
to division (D) of this section if the child's delinquent act was | 339 |
committed prior to January 1, 2008. If an order is issued under | 340 |
division (A)(1), (2), or (3) of this section, the child's | 341 |
attainment of eighteen or twenty-one years of age does not affect | 342 |
or terminate the order, and the order remains in effect for the | 343 |
period of time described in this division. If an order is issued | 344 |
under division (A)(3) of this section, the duty to comply with | 345 |
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 346 |
Code based upon that order shall be considered, for purposes of | 347 |
section 2950.07 of the Revised Code and for all other purposes, to | 348 |
be a continuation of the duty to comply with those sections | 349 |
imposed upon the child prior to January 1, 2008, under the order | 350 |
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and | 351 |
Chapter 2950. of the Revised Code. | 352 |
(D)(1) If an order is issued under division (A)(2) of this | 353 |
section regarding a delinquent child whose delinquent act | 354 |
described in division (A)(1)(a) or (b) of this section was | 355 |
committed prior to January 1, 2008, or if an order is issued under | 356 |
division (A)(3) of this section regarding a delinquent child, | 357 |
except as otherwise provided in this division, the child may | 358 |
request as a matter of right a court hearing to contest the | 359 |
court's classification in the order of the child as a public | 360 |
registry-qualified juvenile offender registrant. To request the | 361 |
hearing, not later than the date that is sixty days after the | 362 |
delinquent child is provided with the copy of the order, the | 363 |
delinquent child shall file a petition with the juvenile court | 364 |
that issued the order. | 365 |
If the delinquent child requests a hearing by timely filing a | 366 |
petition with the juvenile court, the delinquent child shall serve | 367 |
a copy of the petition on the prosecutor who handled the case in | 368 |
which the delinquent child was adjudicated a delinquent child for | 369 |
committing the sexually oriented offense or child-victim oriented | 370 |
offense that resulted in the delinquent child's registration duty | 371 |
under section 2950.04 or 2950.041 of the Revised Code. The | 372 |
prosecutor shall represent the interest of the state in the | 373 |
hearing. In any hearing under this division, the Rules of Juvenile | 374 |
Procedure apply except to the extent that those Rules would by | 375 |
their nature be clearly inapplicable. The court shall schedule a | 376 |
hearing and shall provide notice to the delinquent child and the | 377 |
delinquent child's parent, guardian, or custodian and to the | 378 |
prosecutor of the date, time, and place of the hearing. | 379 |
If the delinquent child requests a hearing in accordance with | 380 |
this division, until the court issues its decision at or | 381 |
subsequent to the hearing, the delinquent child shall comply with | 382 |
Chapter 2950. of the Revised Code as it exists on and after | 383 |
January 1, 2008. If a delinquent child requests a hearing in | 384 |
accordance with this division, at the hearing, all parties are | 385 |
entitled to be heard, and the court shall consider all relevant | 386 |
information and testimony presented relative to the issue of | 387 |
whether the child should be classified a public registry-qualified | 388 |
juvenile offender registrant. Notwithstanding the court's | 389 |
classification of the delinquent child as a public | 390 |
registry-qualified juvenile offender registrant, the court may | 391 |
terminate that classification if it determines by clear and | 392 |
convincing evidence that the classification is in error. | 393 |
If the court decides to terminate the court's classification | 394 |
of the delinquent child as a public registry-qualified juvenile | 395 |
offender registrant, the court shall issue an order that specifies | 396 |
that it has determined that the child is not a public | 397 |
registry-qualified juvenile offender registrant and that it has | 398 |
terminated the court's classification of the delinquent child as a | 399 |
public registry-qualified juvenile offender registrant. The court | 400 |
promptly shall serve a copy of the order upon the sheriff with | 401 |
whom the delinquent child most recently registered under section | 402 |
2950.04 or 2950.041 of the Revised Code and upon the bureau of | 403 |
criminal identification and investigation. The delinquent child | 404 |
and the prosecutor have the right to appeal the decision of the | 405 |
court issued under this division. | 406 |
(2) An order issued under division (D)(1) of this section is | 414 |
independent of any court order of a type described in division (F) | 415 |
of section 2950.031 of the Revised Code or division (E) of section | 416 |
2950.032 of the Revised Codespecifying the judicial tier | 417 |
reclassification of a delinquent child, and the court may issue | 418 |
both an order under both division (D)(1) of this section and an | 419 |
order of a type described in division (F) of section 2950.031 of | 420 |
the Revised Code or division (E) of section 2950.032 of the | 421 |
Revised Codespecifying the judicial tier reclassification for the | 422 |
same delinquent child. A court that conducts a hearing under | 423 |
division (D)(1) of this section may consolidate that hearing with | 424 |
a hearing conducted for the same delinquent child under division | 425 |
(F) of section 2950.031 of the Revised Code or division (E) of | 426 |
section
2950.0322950.035 or 2950.036 of the Revised Code to | 427 |
determine the judicial tier reclassification of the child. | 428 |
(11) A violation of any former law of this state, any | 476 |
existing or former municipal ordinance or law of another state or | 477 |
the United States, any existing or former law applicable in a | 478 |
military court or in an Indian tribal court, or any existing or | 479 |
former law of any nation other than the United States that is or | 480 |
was substantially equivalent to any offense listed in division | 481 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this | 482 |
section; | 483 |
(4) A child-victim offender who is adjudicated a delinquent | 589 |
child for committing or has been adjudicated a delinquent child | 590 |
for committing any child-victim oriented offense, regardless of | 591 |
whether the offense was committed prior to, on, or after the | 592 |
effective date of this amendment, and who a juvenile court, | 593 |
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the | 594 |
Revised Code, classifies a tier I sex offender/child-victim | 595 |
offender relative to the offense. | 596 |
(2) A child-victim offender who is convicted of, pleads | 642 |
guilty to, has been convicted of, or has pleaded guilty to any | 643 |
child-victim oriented offense when the child-victim oriented | 644 |
offense is committed after the child-victim offender previously | 645 |
has been convicted of, pleaded guilty to, or been adjudicated a | 646 |
delinquent child for committing any sexually oriented offense or | 647 |
child-victim oriented offense for which the offender was | 648 |
classified a tier I sex offender/child-victim offender, regardless | 649 |
of whether the current offense and the prior offense or offenses | 650 |
were committed prior to, on, or after the effective date of this | 651 |
amendment. | 652 |
(4) A child-victim offender who is adjudicated a delinquent | 661 |
child for committing or has been adjudicated a delinquent child | 662 |
for committing any child-victim oriented offense, regardless of | 663 |
whether the offense was committed prior to, on, or after the | 664 |
effective date of this amendment, and whom a juvenile court, | 665 |
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the | 666 |
Revised Code, classifies a tier II sex offender/child-victim | 667 |
offender relative to the current offense. | 668 |
(5) A sex offender or child-victim offender who is not in any | 669 |
category of tier II sex offender/child-victim offender set forth | 670 |
in division (F)(1), (2), (3), or (4) of this section, who prior to | 671 |
January 1, 2008, was convicted of or pleaded guilty to a sexually | 672 |
oriented offense or child-victim oriented offense or was | 673 |
adjudicated a delinquent child for committing a sexually oriented | 674 |
offense or child-victim oriented offense, and who prior to that | 675 |
date was determined to be a habitual sex offender or determined to | 676 |
be a habitual child-victim offender, unless either of the | 677 |
following applies: | 678 |
(2) A child-victim offender who is convicted of, pleads | 730 |
guilty to, has been convicted of, or has pleaded guilty to any | 731 |
child-victim oriented offense when the child-victim oriented | 732 |
offense is committed after the child-victim offender previously | 733 |
has been convicted of, pleaded guilty to, or been adjudicated a | 734 |
delinquent child for committing any sexually oriented offense or | 735 |
child-victim oriented offense for which the offender was | 736 |
classified a tier II sex offender/child-victim offender or a tier | 737 |
III sex offender/child-victim offender, regardless of whether the | 738 |
current offense and the prior offense or offenses were committed | 739 |
prior to, on, or after the effective date of this amendment. | 740 |
(4) A child-victim offender who is adjudicated a delinquent | 749 |
child for committing or has been adjudicated a delinquent child | 750 |
for committing any child-victim oriented offense, regardless of | 751 |
whether the offense was committed prior to, on, or after the | 752 |
effective date of this amendment, and whom a juvenile court, | 753 |
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the | 754 |
Revised Code, classifies a tier III sex offender/child-victim | 755 |
offender relative to the current offense. | 756 |
(5) A sex offender or child-victim offender who is not in any | 757 |
category of tier III sex offender/child-victim offender set forth | 758 |
in division (G)(1), (2), (3), or (4) of this section, who prior to | 759 |
January 1, 2008, was convicted of or pleaded guilty to a sexually | 760 |
oriented offense or child-victim oriented offense or was | 761 |
adjudicated a delinquent child for committing a sexually oriented | 762 |
offense or child-victim oriented offense and classified a juvenile | 763 |
offender registrant, and who prior to that date was adjudicated a | 764 |
sexual predator or adjudicated a child-victim predator, unless | 765 |
either of the following applies: | 766 |
(7) A sex offender or child-victim offender who is convicted | 785 |
of, pleads guilty to, was convicted of, pleaded guilty to, is | 786 |
adjudicated a delinquent child for committing, or was adjudicated | 787 |
a delinquent child for committing a sexually oriented offense or | 788 |
child-victim offense in another state, in a federal court, | 789 |
military court, or Indian tribal court, or in a court in any | 790 |
nation other than the United States, regardless of whether the act | 791 |
was committed prior to, on, or after the effective date of this | 792 |
amendment, if both of the following apply: | 793 |
(M) "Juvenile offender registrant" means a person who is | 833 |
adjudicated a delinquent child for committing on or after January | 834 |
1, 2002, a sexually oriented offense or a child-victim oriented | 835 |
offense, who is fourteen years of age or older at the time of | 836 |
committing the offense, and who a juvenile court judge, pursuant | 837 |
to an order issued under section 2152.82, 2152.83, 2152.84, | 838 |
2152.85, or 2152.86 of the Revised Code, classifies a juvenile | 839 |
offender registrant and specifies has a duty to comply with | 840 |
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 841 |
Code. "Juvenile offender registrant" includes a person who prior | 842 |
to January 1, 2008, was a "juvenile offender registrant" under the | 843 |
definition of the term in existence prior to January 1, 2008, and | 844 |
a person who prior to July 31, 2003, was a "juvenile sex offender | 845 |
registrant" under the former definition of that former term. | 846 |
(P) "Out-of-state juvenile offender registrant" means a | 882 |
person who is adjudicated a delinquent child in a court in another | 883 |
state, in a federal court, military court, or Indian tribal court, | 884 |
or in a court in any nation other than the United States for | 885 |
committing a sexually oriented offense or a child-victim oriented | 886 |
offense, regardless of whether the offense was committed prior to, | 887 |
on, or after the effective date of this amendment, who on or after | 888 |
January 1, 2002, moves to and resides in this state or temporarily | 889 |
is domiciled in this state for more than five days, and who has a | 890 |
duty under section 2950.04 or 2950.041 of the Revised Code to | 891 |
register in this state and the duty to otherwise comply with that | 892 |
applicable section and sections 2950.05 and 2950.06 of the Revised | 893 |
Code. "Out-of-state juvenile offender registrant" includes a | 894 |
person who prior to January 1, 2008, was an "out-of-state juvenile | 895 |
offender registrant" under the definition of the term in existence | 896 |
prior to January 1, 2008, and a person who prior to July 31, 2003, | 897 |
was an "out-of-state juvenile sex offender registrant" under the | 898 |
former definition of that former term. | 899 |
(Y)(1) "Judicial tier reclassification" of an offender who | 935 |
was convicted of or pleaded guilty to a sexually oriented offense | 936 |
or child-victim oriented offense committed prior to January 1, | 937 |
2008, or of a child who was adjudicated a delinquent child for | 938 |
committing prior to January 1, 2008, a sexually oriented offense | 939 |
or child-victim oriented offense and was classified a juvenile | 940 |
offender registrant or an out-of-state juvenile offender | 941 |
registrant based on that offense means a court's new | 942 |
classification of the offender or child pursuant to section | 943 |
2950.035 or 2950.036 of the Revised Code and on or after July 1, | 944 |
2011, as a tier I sex offender/child-victim offender, a tier II | 945 |
sex offender/child-victim offender, or a tier III sex | 946 |
offender/child-victim offender. | 947 |
Sec. 2950.03. (A) Each person who has been convicted of, is | 953 |
convicted of, has pleaded guilty to, or pleads guilty to a | 954 |
sexually oriented offense or a child-victim oriented offense and | 955 |
who has a duty to register pursuant to section 2950.04 or 2950.041 | 956 |
of the Revised Code and each person who is adjudicated a | 957 |
delinquent child for committing a sexually oriented offense or a | 958 |
child-victim oriented offense and who is classified a juvenile | 959 |
offender registrant based on that adjudication shall be provided | 960 |
notice in accordance with this section of the offender's or | 961 |
delinquent child's duties imposed under sections 2950.04, | 962 |
2950.041, 2950.05, and 2950.06 of the Revised Code and of the | 963 |
offender's duties to similarly register, provide notice of a | 964 |
change, and verify addresses in another state if the offender | 965 |
resides, is temporarily domiciled, attends a school or institution | 966 |
of higher education, or is employed in a state other than this | 967 |
state. The following official shall provide the notice required | 968 |
under this division to the specified person at the following time: | 969 |
(1) Regardless of when the person committed the sexually | 970 |
oriented offense or child-victim oriented offense, if the person | 971 |
is an offender who is sentenced to a prison term, a term of | 972 |
imprisonment, or any other type of confinement for any offense, | 973 |
and if on or after January 1, 2008, the offender is serving that | 974 |
term or is under that confinement, subject to division (A)(5) of | 975 |
this section, the official in charge of the jail, workhouse, state | 976 |
correctional institution, or other institution in which the | 977 |
offender serves the prison term, term of imprisonment, or | 978 |
confinement, or a designee of that official, shall provide the | 979 |
notice to the offender before the offender is released pursuant to | 980 |
any type of supervised release or before the offender otherwise is | 981 |
released from the prison term, term of imprisonment, or | 982 |
confinement. | 983 |
(5) If the person is an offender or delinquent child in any | 1002 |
of the following categories, the attorney general, department of | 1003 |
rehabilitation and correction, or department of youth services | 1004 |
category listed in division (A)(2)(a), (b), (c), (B)(2)(a), (b), | 1005 |
or (c) of section 2950.035 or division (A) or (B) of section | 1006 |
2950.036 of the Revised Code, the court specified in the | 1007 |
particular division shall provide the notice to the offender or | 1008 |
delinquent child at the time and in the manner specified in | 1009 |
section 2950.031 or division (A) or (B) of section 2950.032 of the | 1010 |
Revised Code, whichever is applicable: | 1011 |
(d) An offender or delinquent child who on or after December | 1032 |
2, 2007, commences a prison term in a state correctional | 1033 |
institution or confinement in an institution of the department of | 1034 |
youth services for a sexually oriented offense or child-victim | 1035 |
oriented offense and who was convicted of, pleaded guilty to, or | 1036 |
was classified a juvenile offender registrant relative to the | 1037 |
sexually oriented offense or child-victim oriented offense prior | 1038 |
to that datethe court issues its order under section 2950.035 or | 1039 |
2950.036 of the Revised Code that specifies the offender's or | 1040 |
child's judicial tier reclassification. | 1041 |
(6) If the person is an offender or delinquent child who on | 1042 |
or after July 1, 2007, and prior to January 1, 2008, is convicted | 1043 |
of or pleads guilty to a sexually oriented offense or a | 1044 |
child-victim oriented offense and is not sentenced to a prison | 1045 |
term for that offense or is classified a juvenile offender | 1046 |
registrant relative to a sexually oriented offense or child-victim | 1047 |
oriented offense and is not committed to the custody of the | 1048 |
department of youth services for that offense, the sentencing | 1049 |
court or juvenile court shall provide the notice to the offender | 1050 |
or delinquent child at the time and in the manner specified in | 1051 |
division (C) of section 2950.032 of the Revised Code. | 1052 |
(B)(1) The notice provided under division (A) of this section | 1059 |
shall inform the offender or delinquent child of the offender's or | 1060 |
delinquent child's duty to register, to provide notice of a change | 1061 |
in the offender's or delinquent child's residence address or in | 1062 |
the offender's school, institution of higher education, or place | 1063 |
of employment address, as applicable, and register the new | 1064 |
address, to periodically verify the offender's or delinquent | 1065 |
child's residence address or the offender's school, institution of | 1066 |
higher education, or place of employment address, as applicable, | 1067 |
and, if applicable, to provide notice of the offender's or | 1068 |
delinquent child's intent to reside, pursuant to sections 2950.04, | 1069 |
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice | 1070 |
shall specify that, for an offender, it applies regarding | 1071 |
residence addresses or school, institution of higher education, | 1072 |
and place of employment addresses and that, for a delinquent | 1073 |
child, it applies regarding residence addresses. Additionally, it | 1074 |
shall inform the offender of the offender's duties to similarly | 1075 |
register, provide notice of a change in, and verify those | 1076 |
addresses in states other than this state as described in division | 1077 |
(A) of this section. A notice provided under division (A)(1), (2), | 1078 |
(3), or (4) of this section shall comport with the following: | 1079 |
(a) If the notice is provided to an offender under division | 1080 |
(A)(1) or (2) of this section, the official, official's designee, | 1081 |
or judge shall require the offender to read and sign a form | 1082 |
stating that the offender's duties to register, to file a notice | 1083 |
of intent to reside, if applicable, to register a new residence | 1084 |
address or new school, institution of higher education, or place | 1085 |
of employment address, and to periodically verify those addresses, | 1086 |
and the offender's duties in other states as described in division | 1087 |
(A) of this section have been explained to the offender. If the | 1088 |
offender is unable to read, the official, official's designee, or | 1089 |
judge shall certify on the form that the official, designee, or | 1090 |
judge specifically informed the offender of those duties and that | 1091 |
the offender indicated an understanding of those duties. | 1092 |
(b) If the notice is provided to a delinquent child under | 1093 |
division (A)(3) or (4) of this section, the judge shall require | 1094 |
the delinquent child and the delinquent child's parent, guardian, | 1095 |
or custodian to read and sign a form stating that the delinquent | 1096 |
child's duties to register, to file a notice of intent to reside, | 1097 |
if applicable, to register a new residence address, and to | 1098 |
periodically verify that address have been explained to the | 1099 |
delinquent child and to the delinquent child's parent, guardian, | 1100 |
or custodian. If the delinquent child or the delinquent child's | 1101 |
parent, guardian, or custodian is unable to read, the judge shall | 1102 |
certify on the form that the judge specifically informed the | 1103 |
delinquent child or the delinquent child's parent, guardian, or | 1104 |
custodian of those duties and that the delinquent child or the | 1105 |
delinquent child's parent, guardian, or custodian indicated an | 1106 |
understanding of those duties. | 1107 |
(a) For any notice provided under divisions (A)(1) to (4) of | 1115 |
this section, an explanation of the offender's periodic residence | 1116 |
address or periodic school, institution of higher education, or | 1117 |
place of employment address verification process or of the | 1118 |
delinquent child's periodic residence address verification | 1119 |
process, an explanation of the frequency with which the offender | 1120 |
or delinquent child will be required to verify those addresses | 1121 |
under that process, a statement that the offender or delinquent | 1122 |
child must verify those addresses at the times specified under | 1123 |
that process or face criminal prosecution or a delinquent child | 1124 |
proceeding, and an explanation of the offender's duty to similarly | 1125 |
register, verify, and reregister those addresses in another state | 1126 |
if the offender resides in another state, attends a school or | 1127 |
institution of higher education in another state, or is employed | 1128 |
in another state. | 1129 |
(3)(a) After an offender described in division (A)(1) or (2) | 1156 |
of this section has signed the form described in divisions (B)(1) | 1157 |
and (2) of this section or the official, official's designee, or | 1158 |
judge has certified on the form that the form has been explained | 1159 |
to the offender and that the offender indicated an understanding | 1160 |
of the duties indicated on it, the official, official's designee, | 1161 |
or judge shall give one copy of the form to the offender, within | 1162 |
three days shall send one copy of the form to the bureau of | 1163 |
criminal identification and investigation in accordance with the | 1164 |
procedures adopted pursuant to section 2950.13 of the Revised | 1165 |
Code, shall send one copy of the form to the sheriff of the county | 1166 |
in which the offender expects to reside, and shall send one copy | 1167 |
of the form to the sheriff of the county in which the offender was | 1168 |
convicted or pleaded guilty if the offender has a duty to register | 1169 |
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the | 1170 |
Revised Code. | 1171 |
(b) After a delinquent child described in division (A)(3) or | 1172 |
(4) of this section and the delinquent child's parent, guardian, | 1173 |
or custodian have signed the form described in divisions (B)(1) | 1174 |
and (2) of this section or the judge has certified on the form | 1175 |
that the form has been explained to the delinquent child or the | 1176 |
delinquent child's parent, guardian, or custodian and that the | 1177 |
delinquent child or the delinquent child's parent, guardian, or | 1178 |
custodian indicated an understanding of the duties and information | 1179 |
indicated on the form, the judge shall give a copy of the form to | 1180 |
both the delinquent child and to the delinquent child's parent, | 1181 |
guardian, or custodian, within three days shall send one copy of | 1182 |
the form to the bureau of criminal identification and | 1183 |
investigation in accordance with the procedures adopted pursuant | 1184 |
to section 2950.13 of the Revised Code, shall send one copy of the | 1185 |
form to the sheriff of the county in which the delinquent child | 1186 |
expects to reside, and shall send one copy of the form to the | 1187 |
sheriff of the county in which the child was adjudicated a | 1188 |
delinquent child if the delinquent child has a duty to register | 1189 |
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the | 1190 |
Revised Code. | 1191 |
(C) The official, official's designee, judge, chief of | 1192 |
police, or sheriff who is required to provide notice to an | 1193 |
offender or delinquent child under divisions (A)(1) to (4) of this | 1194 |
section shall determine the offender's or delinquent child's name, | 1195 |
identifying factors, and expected future residence address in this | 1196 |
state or any other state, shall obtain the offender's or | 1197 |
delinquent child's criminal and delinquency history, and shall | 1198 |
obtain a photograph and the fingerprints of the offender or | 1199 |
delinquent child. Regarding an offender, the official, designee, | 1200 |
or judge also shall obtain from the offender the offender's | 1201 |
current or expected future school, institution of higher | 1202 |
education, or place of employment address in this state, if any. | 1203 |
If the notice is provided by a judge under division (A)(2), (3), | 1204 |
or (4) of this section, the sheriff shall provide the offender's | 1205 |
or delinquent child's criminal and delinquency history to the | 1206 |
judge. The official, official's designee, or judge shall obtain | 1207 |
this information and these items prior to giving the notice, | 1208 |
except that a judge may give the notice prior to obtaining the | 1209 |
offender's or delinquent child's criminal and delinquency history. | 1210 |
Within three days after receiving this information and these | 1211 |
items, the official, official's designee, or judge shall forward | 1212 |
the information and items to the bureau of criminal identification | 1213 |
and investigation in accordance with the forwarding procedures | 1214 |
adopted pursuant to section 2950.13 of the Revised Code, to the | 1215 |
sheriff of the county in which the offender or delinquent child | 1216 |
expects to reside and to the sheriff of the county in which the | 1217 |
offender or delinquent child was convicted, pleaded guilty, or | 1218 |
adjudicated a delinquent child if the offender or delinquent child | 1219 |
has a duty to register pursuant to division (A)(1) of section | 1220 |
2950.04 or 2950.041 of the Revised Code, and, regarding an | 1221 |
offender, to the sheriff of the county, if any, in which the | 1222 |
offender attends or will attend a school or institution of higher | 1223 |
education or is or will be employed. If the notice is provided | 1224 |
under division (A)(3) or (4) of this section and if the delinquent | 1225 |
child has been committed to the department of youth services or to | 1226 |
a secure facility, the judge, in addition to the other information | 1227 |
and items described in this division, also shall forward to the | 1228 |
bureau and to the sheriff notification that the child has been so | 1229 |
committed. If it has not already done so, the bureau of criminal | 1230 |
identification and investigation shall forward a copy of the | 1231 |
fingerprints and conviction data received under this division to | 1232 |
the federal bureau of investigation. | 1233 |
(2) Not later than July 31, 2011, each sheriff shall review | 1255 |
the sheriff's records to determine the identity of each person who | 1256 |
prior to that date has registered an address with the sheriff | 1257 |
under section 2950.04, 2950.041, or 2950.05 of the Revised Code, | 1258 |
who was convicted, pleaded guilty, or was adjudicated a delinquent | 1259 |
child in a court in another state, in a federal court, military | 1260 |
court, or Indian tribal court, or in a court in any nation other | 1261 |
than the United States for committing the sexually oriented | 1262 |
offense or child-victim oriented offense that is the basis of the | 1263 |
registration, and who committed that sexually oriented offense or | 1264 |
child-victim oriented offense prior to January 1, 2008. Not later | 1265 |
than July 31, 2011, each sheriff shall notify the following court | 1266 |
of the name and last reported residence address of each person who | 1267 |
has registered an address with the sheriff under the circumstances | 1268 |
described in this division: | 1269 |
(B)(1) For each offender and for each delinquent child whose | 1284 |
identity the court determines pursuant to division (A)(1) of this | 1285 |
section or about whom the court is notified pursuant to division | 1286 |
(A)(2) of this section, the court specified in division (B)(2)(a), | 1287 |
(b), or (c) of this section shall hold a hearing to make the | 1288 |
determination specified in this division. At the hearing, the | 1289 |
court shall determine the offender's or child's new classification | 1290 |
as a tier I sex offender/child-victim offender, a tier II sex | 1291 |
offender/child-victim offender, or a tier III sex | 1292 |
offender/child-victim offender under Chapter 2950. of the Revised | 1293 |
Code as it exists on July 1, 2011, and the offender's or | 1294 |
delinquent child's duties under Chapter 2950. of the Revised Code | 1295 |
as a result of that new tier classification. A court shall make | 1296 |
the determination required under this division at any time on or | 1297 |
after July 1, 2011, and not later than October 1, 2011, and shall | 1298 |
make the determination at a hearing held in accordance with | 1299 |
division (E) of this section. | 1300 |
(C)(1) At any time on or after July 1, 2011, and not later | 1319 |
than September 1, 2011, each court that is required to hold a | 1320 |
hearing to make a determination for an offender or delinquent | 1321 |
child under division (B) of this section shall send to the | 1322 |
offender or to the delinquent child and the parents of the | 1323 |
delinquent child a registered letter that contains the information | 1324 |
described in division (C)(2) of this section. The court shall send | 1325 |
the registered letter return receipt requested to the last | 1326 |
reported residence address of the offender or delinquent child and | 1327 |
to the last reported residence address of the parents of the | 1328 |
delinquent child. The court shall obtain the addresses from its | 1329 |
own records or from the bureau of criminal identification and | 1330 |
investigation, a sheriff with whom the offender or delinquent | 1331 |
child has registered pursuant to section 2950.04, 2950.041, or | 1332 |
2950.05 of the Revised Code, or the department of rehabilitation | 1333 |
and correction or department of youth services if the offender or | 1334 |
child is serving a prison term or is confined in an institution of | 1335 |
the department. | 1336 |
(b) If the offender's or delinquent child's duty to comply | 1348 |
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the | 1349 |
Revised Code was or is scheduled to terminate on or after June 3, | 1350 |
2010, and prior to July 1, 2011, as described in division (B)(1) | 1351 |
of section 2950.037 of the Revised Code and if the offender is a | 1352 |
targeted offender or the child is a targeted delinquent child, | 1353 |
include a summary of the provisions of division (B)(1) of section | 1354 |
2950.037 of the Revised Code and the application of those | 1355 |
provisions to the offender or child. | 1356 |
Except as otherwise provided in this paragraph, if an | 1389 |
offender or delinquent child on the date scheduled for the hearing | 1390 |
under division (B) of this section is serving a prison term in a | 1391 |
state correctional institution or a jail term, is confined in an | 1392 |
institution of the department of youth services, or otherwise is | 1393 |
confined, the offender or delinquent child shall appear at the | 1394 |
hearing by video conferencing equipment if available and | 1395 |
compatible. Upon the court's own motion or the motion of the | 1396 |
offender, the delinquent child, or the prosecutor representing the | 1397 |
interests of the state and a determination by the court that the | 1398 |
interests of justice require that the offender or delinquent child | 1399 |
be present, the court may permit the offender or delinquent child | 1400 |
to be physically present at the hearing. An appearance by video | 1401 |
conferencing equipment pursuant to this division has the same | 1402 |
force and effect as if the offender or delinquent child were | 1403 |
physically present at the hearing. | 1404 |
At the conclusion of the hearing held under division (B) of | 1405 |
this section, the court shall issue an order that specifies the | 1406 |
offender's or delinquent child's new classification as a tier I | 1407 |
sex offender/child-victim offender, a tier II sex | 1408 |
offender/child-victim offender, or a tier III sex | 1409 |
offender/child-victim offender under Chapter 2950. of the Revised | 1410 |
Code as it exists on July 1, 2011, and, if the hearing was held | 1411 |
for a delinquent child, whether the court determined pursuant to | 1412 |
section 2151.86 of the Revised Code that the child is a public | 1413 |
registry-qualified juvenile offender registrant. The order also | 1414 |
shall notify the offender or the delinquent child and the | 1415 |
delinquent child's parents of the offender's or child's duties, as | 1416 |
a result of that new tier classification, under Chapter 2950. of | 1417 |
the Revised Code as it exists on July 1, 2011, and the duration of | 1418 |
those duties. The court immediately shall provide a copy of the | 1419 |
order to the offender or delinquent child, the prosecutor, and the | 1420 |
delinquent child's parents. | 1421 |
(G) Each court that issues an order under division (E) of | 1448 |
this section promptly shall serve a copy of the order upon the | 1449 |
sheriff with whom the offender or delinquent child who is the | 1450 |
subject of the order most recently registered under section | 1451 |
2950.04, 2950.041, or 2950.05 of the Revised Code, if applicable, | 1452 |
and upon the bureau of criminal identification and investigation. | 1453 |
The court promptly shall send a copy of the order to the | 1454 |
department of rehabilitation and correction if the offender on the | 1455 |
date the order is issued is serving a prison term, the jail | 1456 |
administrator if the offender on that date is serving a jail term, | 1457 |
the department of youth services if the delinquent child on that | 1458 |
date is confined in an institution of the department, or the place | 1459 |
at which the offender or delinquent child otherwise is confined on | 1460 |
that date. | 1461 |
(I) The determination by a court of an offender's or | 1478 |
delinquent child's new classification as a tier I sex | 1479 |
offender/child-victim offender, a tier II sex | 1480 |
offender/child-victim offender, or a tier III sex | 1481 |
offender/child-victim offender pursuant to division (B) of this | 1482 |
section does not affect, and is independent of, that court's or | 1483 |
another court's prior judgment of conviction of the offender, the | 1484 |
offender's prior guilty plea, or that court's or another court's | 1485 |
prior adjudication of the child as a delinquent child for | 1486 |
committing the sexually oriented offense or child-victim oriented | 1487 |
offense upon which the classification is based and does not | 1488 |
affect, and is independent of, the sentence imposed upon the | 1489 |
offender or the disposition made of the child as a result of that | 1490 |
prior conviction, guilty plea, or adjudication. | 1491 |
A court's classification of an offender or delinquent child, | 1492 |
prior to July 1, 2011, as a sexual predator, child-victim | 1493 |
predator, habitual sex offender, or habitual child-victim | 1494 |
offender, or as being in none of those categories, based on a | 1495 |
sexually oriented offense or child-victim oriented offense | 1496 |
committed prior to January 1, 2008, was a collateral consequence | 1497 |
of the offender's or child's conviction of, plea of guilty to, or | 1498 |
delinquent child adjudication for committing that sexually | 1499 |
oriented offense or child-victim oriented offense. A court's new | 1500 |
classification of an offender or delinquent child as a tier I sex | 1501 |
offender/child-victim offender, a tier II sex | 1502 |
offender/child-victim offender, or a tier III sex | 1503 |
offender/child-victim offender pursuant to division (B) of this | 1504 |
section based on a sexually oriented offense or child-victim | 1505 |
oriented offense committed prior to January 1, 2008, is a | 1506 |
collateral consequence of the offender's or child's conviction of, | 1507 |
plea of guilty to, or delinquent child adjudication for committing | 1508 |
that sexually oriented offense or child-victim oriented offense. | 1509 |
Sec. 2950.036. (A) If, on or after July 31, 2011, a person | 1523 |
is convicted of, pleads guilty to, or is adjudicated a delinquent | 1524 |
child in this state for committing a sexually oriented offense or | 1525 |
child-victim oriented offense that was committed prior to January | 1526 |
1, 2008, at the time of sentencing of the offender or the making | 1527 |
of a disposition of the delinquent child, the court shall | 1528 |
determine the offender's or child's new classification as a tier I | 1529 |
sex offender/child-victim offender, a tier II sex | 1530 |
offender/child-victim offender, or a tier III sex | 1531 |
offender/child-victim offender under Chapter 2950. of the Revised | 1532 |
Code as it exists on July 1, 2011, and the offender's or child's | 1533 |
duties under Chapter 2950. of the Revised Code as a result of that | 1534 |
new tier classification. | 1535 |
(B) If a person is convicted, pleads guilty, was convicted, | 1536 |
pleaded guilty, is adjudicated a delinquent child, or was | 1537 |
adjudicated a delinquent child in a court in another state, in a | 1538 |
federal court, military court, or Indian tribal court, or in a | 1539 |
court in any nation other than the United States for committing a | 1540 |
sexually oriented offense or child-victim oriented offense that | 1541 |
was committed prior to January 1, 2008, if the person registers an | 1542 |
address in this state, and if the person does not register the | 1543 |
address in this state until after July 31, 2011, the sheriff with | 1544 |
whom the person registers the address shall provide notice of the | 1545 |
type described in division (A)(2) of section 2950.035 of the | 1546 |
Revised Code regarding the offender or delinquent child to the | 1547 |
court described in division (A)(2)(a), (b), or (c) of that | 1548 |
section. Upon receipt of the notice, the court promptly shall | 1549 |
determine for the offender or delinquent child the offender's or | 1550 |
child's new classification as a tier I sex offender/child-victim | 1551 |
offender, a tier II sex offender/child-victim offender, or a tier | 1552 |
III sex offender/child-victim offender under Chapter 2950. of the | 1553 |
Revised Code as it exists on July 1, 2011, and the offender's or | 1554 |
child's duties under Chapter 2950. of the Revised Code as a result | 1555 |
of that new tier classification. | 1556 |
(C) In making its determination under division (A) or (B) of | 1557 |
this section, a court shall comply with divisions (B) to (E) of | 1558 |
section 2950.035 of the Revised Code and issue an order as | 1559 |
described in those divisions. However, the dates specified in | 1560 |
those divisions for compliance with their provisions do not apply | 1561 |
in making the determination under division (A) or (B) of this | 1562 |
section, and divisions (C) and (F) of section 2950.035 of the | 1563 |
Revised Code do not apply in making the determination under | 1564 |
division (A) of this section. Divisions (G) to (I) and division | 1565 |
(K) of section 2950.035 of the Revised Code apply to a | 1566 |
determination made under division (A) or (B) of this section and | 1567 |
an order that includes such a determination. | 1568 |
(1) "Targeted offender" means an offender who has been | 1570 |
convicted of or pleaded guilty to a sexually oriented offense or a | 1571 |
child-victim oriented offense committed prior to January 1, 2008, | 1572 |
who had a duty that was in effect on June 2, 2010, to comply with | 1573 |
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 1574 |
Code based on that offense, and whose duty to comply with those | 1575 |
sections based on that offense was modified pursuant to the | 1576 |
operation of section 2950.031 or 2950.032 of the Revised Code as | 1577 |
they were enacted in Am. Sub. S.B. 10 of the 127th general | 1578 |
assembly. | 1579 |
(2) "Targeted delinquent child" means a child who has been | 1580 |
adjudicated a delinquent child for committing a sexually oriented | 1581 |
offense or a child-victim oriented offense committed prior to | 1582 |
January 1, 2008, who is a public registry-qualified juvenile | 1583 |
offender registrant relative to that offense, who had a duty that | 1584 |
was in effect on June 2, 2010, to comply with sections 2950.04, | 1585 |
2950.041, 2950.05, and 2950.06 of the Revised Code based on that | 1586 |
offense, and whose duty to comply with those sections based on | 1587 |
that offense was modified pursuant to the operation of section | 1588 |
2950.031 or 2950.032 of the Revised Code as they were enacted in | 1589 |
Am. Sub. S.B. 10 of the 127th general assembly. | 1590 |
(B)(1) If as a result of sections 2950.031 and 2950.032 of | 1591 |
the Revised Code being found unconstitutional on June 3, 2010, a | 1592 |
targeted offender's or targeted delinquent child's duty to comply | 1593 |
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the | 1594 |
Revised Code based on the offender's or child's sexually oriented | 1595 |
offense or child-victim oriented offense was or is scheduled to | 1596 |
terminate on or after June 3, 2010, and prior to July 1, 2011, | 1597 |
under the version of section 2950.07 of the Revised Code that was | 1598 |
in effect prior to January 1, 2008, notwithstanding that scheduled | 1599 |
termination of those duties, the offender's or child's duties | 1600 |
under those sections shall not terminate as scheduled and shall | 1601 |
remain in effect at least until the date on which the court making | 1602 |
the judicial tier reclassification of the offender or child issues | 1603 |
its order under section 2950.035 or 2950.036 of the Revised Code | 1604 |
that specifies that reclassification. | 1605 |
(2) If as a result of sections 2950.031 and 2950.032 of the | 1606 |
Revised Code being found unconstitutional on June 3, 2010, a | 1607 |
targeted offender's or targeted delinquent child's duty to comply | 1608 |
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the | 1609 |
Revised Code based on the offender's or child's sexually oriented | 1610 |
offense or child-victim oriented offense was terminated on or | 1611 |
before June 3, 2010, under the version of section 2950.07 of the | 1612 |
Revised Code that was in effect prior to January 1, 2008, | 1613 |
notwithstanding that termination of those duties, the offender's | 1614 |
or child's duties under those sections shall be reinstated on July | 1615 |
1, 2011, and shall remain in effect at least until the date on | 1616 |
which the court making the judicial tier reclassification of the | 1617 |
offender or child issues its order under section 2950.035 or | 1618 |
2950.036 of the Revised Code that specifies that reclassification. | 1619 |
(C) After a court issues its order under section 2950.035 or | 1620 |
2950.036 of the Revised Code specifying the judicial tier | 1621 |
reclassification of any targeted offender or targeted delinquent | 1622 |
child described in division (B)(1) or (2) of this section, the | 1623 |
offender's or child's duty to comply with sections 2950.04, | 1624 |
2950.041, 2950.05, and 2950.06 of the Revised Code shall continue | 1625 |
in accordance with the order based on the new tier classification | 1626 |
of the offender or child that is determined by the court. The | 1627 |
targeted offender's or targeted delinquent child's duty to comply | 1628 |
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the | 1629 |
Revised Code shall continue for the duration specified in section | 1630 |
2950.07 of the Revised Code, as it exists on the date on which the | 1631 |
court issues its order, based on the new tier classification of | 1632 |
the offender or child that is determined by the court. If that | 1633 |
duration has expired by the date on which the court issues its | 1634 |
order, the targeted offender's or targeted delinquent child's duty | 1635 |
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of | 1636 |
the Revised Code is terminated. | 1637 |
(D) A person who is a targeted offender or targeted | 1638 |
delinquent child described in division (B)(1) or (2) of this | 1639 |
section is presumed to have knowledge of the law, the content of | 1640 |
divisions (B)(1) and (2) of this section and the application of | 1641 |
the appropriate division to the offender or child, and the | 1642 |
offender's or child's duties under Chapter 2950. of the Revised | 1643 |
Code as it exists on July 1, 2011. Any failure of any person who | 1644 |
is such a targeted offender or targeted delinquent child to | 1645 |
receive a copy of an order issued by a court under section | 1646 |
2950.035 or 2950.036 of the Revised Code that specifies the | 1647 |
judicial tier reclassification of the offender or child does not | 1648 |
negate, limit, or modify the presumption specified in this | 1649 |
division. | 1650 |
Sec. 2950.04. (A)(1)(a) Immediately after a sentencing | 1651 |
hearing is held on or after January 1, 2008, for an offender who | 1652 |
is convicted of or pleads guilty to a sexually oriented offense | 1653 |
and is sentenced to a prison term, a term of imprisonment, or any | 1654 |
other type of confinement and before the offender is transferred | 1655 |
to the custody of the department of rehabilitation and correction | 1656 |
or to the official in charge of the jail, workhouse, state | 1657 |
correctional institution, or other institution where the offender | 1658 |
will be confined, the offender shall register personally with the | 1659 |
sheriff, or the sheriff's designee, of the county in which the | 1660 |
offender was convicted of or pleaded guilty to the sexually | 1661 |
oriented offense. | 1662 |
(b) Immediately after a dispositional hearing is held on or | 1663 |
after January 1, 2008, for a child who is adjudicated a delinquent | 1664 |
child for committing a sexually oriented offense, is classified a | 1665 |
juvenile offender registrant based on that adjudication, and is | 1666 |
committed to the custody of the department of youth services or to | 1667 |
a secure facility that is not operated by the department and | 1668 |
before the child is transferred to the custody of the department | 1669 |
of youth services or the secure facility to which the delinquent | 1670 |
child is committed, the delinquent child shall register personally | 1671 |
with the sheriff, or the sheriff's designee, of the county in | 1672 |
which the delinquent child was classified a juvenile offender | 1673 |
registrant based on that sexually oriented offense. | 1674 |
(iv) The public registry-qualified juvenile offender | 1760 |
registrant shall register with the sheriff, or the sheriff's | 1761 |
designee, or other appropriate person of the other state | 1762 |
immediately upon entering into any state other than this state in | 1763 |
which the registrant attends a school or institution of higher | 1764 |
education on a full-time or part-time basis or upon being employed | 1765 |
in any state other than this state for more than three days or for | 1766 |
an aggregate period of fourteen or more days in that calendar year | 1767 |
regardless of whether the registrant resides or has a temporary | 1768 |
domicile in this state, the other state, or a different state. | 1769 |
(4) Regardless of when the sexually oriented offense was | 1779 |
committed, each person who is convicted, pleads guilty, or is | 1780 |
adjudicated a delinquent child in a court in another state, in a | 1781 |
federal court, military court, or Indian tribal court, or in a | 1782 |
court in any nation other than the United States for committing a | 1783 |
sexually oriented offense shall comply with the following | 1784 |
registration requirements if, at the time the offender or | 1785 |
delinquent child moves to and resides in this state or temporarily | 1786 |
is domiciled in this state for more than three days, the offender | 1787 |
or public registry-qualified juvenile offender registrant enters | 1788 |
this state to attend a school or institution of higher education, | 1789 |
or the offender or public registry-qualified juvenile offender | 1790 |
registrant is employed in this state for more than the specified | 1791 |
period of time, the offender or delinquent child has a duty to | 1792 |
register as a sex offender or child-victim offender under the law | 1793 |
of that other jurisdiction as a result of the conviction, guilty | 1794 |
plea, or adjudication: | 1795 |
(5) An offender or a delinquent child who is a public | 1827 |
registry-qualified juvenile offender registrant is not required to | 1828 |
register under division (A)(2), (3), or (4) of this section if a | 1829 |
court issues an order terminating the offender's or delinquent | 1830 |
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 1831 |
and 2950.06 of the Revised Code pursuant to section 2950.15 of the | 1832 |
Revised Code. A delinquent child who is a juvenile offender | 1833 |
registrant but is not a public registry-qualified juvenile | 1834 |
offender registrant is not required to register under any of those | 1835 |
divisions if a juvenile court issues an order declassifying the | 1836 |
delinquent child as a juvenile offender registrant pursuant to | 1837 |
section 2152.84 or 2152.85 of the Revised Code. | 1838 |
(B) An offender or delinquent child who is required by | 1839 |
division (A) of this section to register in this state personally | 1840 |
shall obtain from the sheriff or from a designee of the sheriff a | 1841 |
registration form that conforms to division (C) of this section, | 1842 |
shall complete and sign the form, and shall return the completed | 1843 |
form together with the offender's or delinquent child's | 1844 |
photograph, copies of travel and immigration documents, and any | 1845 |
other required material to the sheriff or the designee. The | 1846 |
sheriff or designee shall sign the form and indicate on the form | 1847 |
the date on which it is so returned. The registration required | 1848 |
under this division is complete when the offender or delinquent | 1849 |
child returns the form, containing the requisite information, | 1850 |
photograph, other required material, signatures, and date, to the | 1851 |
sheriff or designee. | 1852 |
(4) Regarding an offender or delinquent child who is | 1869 |
registering under a duty imposed under division (A)(2), (3), or | 1870 |
(4) of this section as a result of the offender or delinquent | 1871 |
child residing in this state or temporarily being domiciled in | 1872 |
this state for more than three days, the current residence address | 1873 |
of the offender or delinquent child who is registering, the name | 1874 |
and address of the offender's or delinquent child's employer if | 1875 |
the offender or delinquent child is employed at the time of | 1876 |
registration or if the offender or delinquent child knows at the | 1877 |
time of registration that the offender or delinquent child will be | 1878 |
commencing employment with that employer subsequent to | 1879 |
registration, any other employment information, such as the | 1880 |
general area where the offender or delinquent child is employed, | 1881 |
if the offender or delinquent child is employed in many locations, | 1882 |
and the name and address of the offender's or public | 1883 |
registry-qualified juvenile offender registrant's school or | 1884 |
institution of higher education if the offender or public | 1885 |
registry-qualified juvenile offender registrant attends one at the | 1886 |
time of registration or if the offender or public | 1887 |
registry-qualified juvenile offender registrant knows at the time | 1888 |
of registration that the offender or public registry-qualified | 1889 |
juvenile offender registrant will be commencing attendance at that | 1890 |
school or institution subsequent to registration; | 1891 |
(5) Regarding an offender or public registry-qualified | 1892 |
juvenile offender registrant who is registering under a duty | 1893 |
imposed under division (A)(2), (3), or (4) of this section as a | 1894 |
result of the offender or public registry-qualified juvenile | 1895 |
offender registrant attending a school or institution of higher | 1896 |
education in this state on a full-time or part-time basis or being | 1897 |
employed in this state or in a particular county in this state, | 1898 |
whichever is applicable, for more than three days or for an | 1899 |
aggregate of fourteen or more days in any calendar year, the name | 1900 |
and current address of the school, institution of higher | 1901 |
education, or place of employment of the offender or public | 1902 |
registry-qualified juvenile offender registrant who is | 1903 |
registering, including any other employment information, such as | 1904 |
the general area where the offender or public registry-qualified | 1905 |
juvenile offender registrant is employed, if the offender or | 1906 |
public registry-qualified juvenile offender registrant is employed | 1907 |
in many locations; | 1908 |
(6) The identification license plate number of each vehicle | 1909 |
the offender or delinquent child owns, of each vehicle registered | 1910 |
in the offender's or delinquent child's name, of each vehicle the | 1911 |
offender or delinquent child operates as a part of employment, and | 1912 |
of each other vehicle that is regularly available to be operated | 1913 |
by the offender or delinquent child; a description of where each | 1914 |
vehicle is habitually parked, stored, docked, or otherwise kept; | 1915 |
and, if required by the bureau of criminal identification and | 1916 |
investigation, a photograph of each of those vehicles; | 1917 |
(8) If the offender or delinquent child was convicted of, | 1925 |
pleaded guilty to, or was adjudicated a delinquent child for | 1926 |
committing the sexually oriented offense resulting in the | 1927 |
registration duty in a court in another state, in a federal court, | 1928 |
military court, or Indian tribal court, or in a court in any | 1929 |
nation other than the United States, a DNA specimen, as defined in | 1930 |
section 109.573 of the Revised Code, from the offender or | 1931 |
delinquent child, a citation for, and the name of, the sexually | 1932 |
oriented offense resulting in the registration duty, and a | 1933 |
certified copy of a document that describes the text of that | 1934 |
sexually oriented offense; | 1935 |
(D) After an offender or delinquent child registers with a | 1944 |
sheriff, or the sheriff's designee, pursuant to this section, the | 1945 |
sheriff, or the sheriff's designee, shall forward the signed, | 1946 |
written registration form, photograph, and other material to the | 1947 |
bureau of criminal identification and investigation in accordance | 1948 |
with the forwarding procedures adopted pursuant to section 2950.13 | 1949 |
of the Revised Code. If an offender registers a school, | 1950 |
institution of higher education, or place of employment address, | 1951 |
or provides a school or institution of higher education address | 1952 |
under division (C)(4) of this section, the sheriff also shall | 1953 |
provide notice to the law enforcement agency with jurisdiction | 1954 |
over the premises of the school, institution of higher education, | 1955 |
or place of employment of the offender's name and that the | 1956 |
offender has registered that address as a place at which the | 1957 |
offender attends school or an institution of higher education or | 1958 |
at which the offender is employed. The bureau shall include the | 1959 |
information and materials forwarded to it under this division in | 1960 |
the state registry of sex offenders and child-victim offenders | 1961 |
established and maintained under section 2950.13 of the Revised | 1962 |
Code. | 1963 |
(G) If an offender or delinquent child who is required by | 1975 |
division (A) of this section to register is a tier III sex | 1976 |
offender/child-victim offender, the offender or delinquent child | 1977 |
also shall send the sheriff, or the sheriff's designee, of the | 1978 |
county in which the offender or delinquent child intends to reside | 1979 |
written notice of the offender's or delinquent child's intent to | 1980 |
reside in the county. The offender or delinquent child shall send | 1981 |
the notice of intent to reside at least twenty days prior to the | 1982 |
date the offender or delinquent child begins to reside in the | 1983 |
county. The notice of intent to reside shall contain the following | 1984 |
information: | 1985 |
(H)(1) If, immediately prior to January 1, 2008, an offender | 1992 |
or delinquent child who was convicted of, pleaded guilty to, or | 1993 |
was adjudicated a delinquent child for committing a sexually | 1994 |
oriented offense or a child-victim oriented offense as those terms | 1995 |
were defined in section 2950.01 of the Revised Code prior to | 1996 |
January 1, 2008, was required by division (A) of this section or | 1997 |
section 2950.041 of the Revised Code to register and if, on or | 1998 |
after January 1, 2008, that offense is a sexually oriented offense | 1999 |
as that term is defined in section 2950.01 of the Revised Code on | 2000 |
and after January 1, 2008, the duty to register that is imposed | 2001 |
pursuant to this section on and after January 1, 2008, shall be | 2002 |
considered, for purposes of section 2950.07 of the Revised Code | 2003 |
and for all other purposes, to be a continuation of the duty | 2004 |
imposed upon the offender or delinquent child prior to January 1, | 2005 |
2008, under this section or section 2950.041 of the Revised Code. | 2006 |
(2) If an offender or delinquent child who was convicted of, | 2007 |
pleaded guilty to, or was adjudicated a delinquent child for | 2008 |
committing a sexually oriented offense was required immediately | 2009 |
prior to January 1, 2008, by division (A) of this section to | 2010 |
register based on that offense and if the offender or child has a | 2011 |
duty on and after the date of the judicial tier reclassification | 2012 |
of the offender or child to register under division (A) of this | 2013 |
section based on that offense, the duty to register resulting from | 2014 |
the reclassification is a continuation of the duty imposed upon | 2015 |
the offender or child prior to January 1, 2008, under this | 2016 |
section. | 2017 |
Sec. 2950.041. (A)(1)(a) Immediately after a sentencing | 2018 |
hearing is held on or after January 1, 2008, for an offender who | 2019 |
is convicted of or pleads guilty to a child-victim oriented | 2020 |
offense and is sentenced to a prison term, a term of imprisonment, | 2021 |
or any other type of confinement and before the offender is | 2022 |
transferred to the custody of the department of rehabilitation and | 2023 |
correction or to the official in charge of the jail, workhouse, | 2024 |
state correctional institution, or other institution where the | 2025 |
offender will be confined, the offender shall register personally | 2026 |
with the sheriff, or the sheriff's designee, of the county in | 2027 |
which the offender was convicted of or pleaded guilty to the | 2028 |
child-victim offense. | 2029 |
(b) Immediately after a dispositional hearing is held on or | 2030 |
after January 1, 2008, for a child who is adjudicated a delinquent | 2031 |
child for committing a child-victim oriented offense, is | 2032 |
classified a juvenile offender registrant based on that | 2033 |
adjudication, and is committed to the custody of the department of | 2034 |
youth services or to a secure facility that is not operated by the | 2035 |
department and before the child is transferred to the custody of | 2036 |
the department of youth services or the secure facility to which | 2037 |
the delinquent child is committed, the delinquent child shall | 2038 |
register personally with the sheriff, or the sheriff's designee, | 2039 |
of the county in which the delinquent child was classified a | 2040 |
juvenile offender registrant based on that child-victim oriented | 2041 |
offense. | 2042 |
(3) Regardless of when the child-victim oriented offense was | 2097 |
committed, each child who on or after July 31, 2003, is | 2098 |
adjudicated a delinquent child for committing a child-victim | 2099 |
oriented offense and who is classified a juvenile offender | 2100 |
registrant based on that adjudication shall register personally | 2101 |
with the sheriff, or the sheriff's designee, of the county within | 2102 |
three days of the delinquent child's coming into a county in which | 2103 |
the delinquent child resides or temporarily is domiciled for more | 2104 |
than three days. If the delinquent child is committed for the | 2105 |
child-victim oriented offense to the department of youth services | 2106 |
or to a secure facility that is not operated by the department, | 2107 |
this duty begins when the delinquent child is discharged or | 2108 |
released in any manner from custody in a department of youth | 2109 |
services secure facility or from the secure facility that is not | 2110 |
operated by the department if pursuant to the discharge or release | 2111 |
the delinquent child is not committed to any other secure facility | 2112 |
of the department or any other secure facility. | 2113 |
(4) Regardless of when the child-victim oriented offense was | 2114 |
committed, each person who is convicted, pleads guilty, or is | 2115 |
adjudicated a delinquent child in a court in another state, in a | 2116 |
federal court, military court, or Indian tribal court, or in a | 2117 |
court in any nation other than the United States for committing a | 2118 |
child-victim oriented offense shall comply with all of the | 2119 |
following registration requirements if, at the time the offender | 2120 |
or delinquent child moves to and resides in this state or | 2121 |
temporarily is domiciled in this state for more than three days, | 2122 |
the offender enters this state to attend the school or institution | 2123 |
of higher education, or the offender is employed in this state for | 2124 |
more than the specified period of time, the offender or delinquent | 2125 |
child has a duty to register as a child-victim offender or sex | 2126 |
offender under the law of that other jurisdiction as a result of | 2127 |
the conviction, guilty plea, or adjudication: | 2128 |
(5) An offender is not required to register under division | 2153 |
(A)(2), (3), or (4) of this section if a court issues an order | 2154 |
terminating the offender's duty to comply with sections 2950.04, | 2155 |
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to | 2156 |
section 2950.15 of the Revised Code. A delinquent child who is a | 2157 |
juvenile offender registrant but is not a public | 2158 |
registry-qualified juvenile offender registrant is not required to | 2159 |
register under any of those divisions if a juvenile court issues | 2160 |
an order declassifying the delinquent child as a juvenile offender | 2161 |
registrant pursuant to section 2152.84 or 2152.85 of the Revised | 2162 |
Code. | 2163 |
(6) The identification license plate number issued by this | 2202 |
state or any other state of each vehicle the offender or | 2203 |
delinquent child owns, of each vehicle registered in the | 2204 |
offender's or delinquent child's name, of each vehicle the | 2205 |
offender or delinquent child operates as a part of employment, and | 2206 |
of each other vehicle that is regularly available to be operated | 2207 |
by the offender or delinquent child; a description of where each | 2208 |
vehicle is habitually parked, stored, docked, or otherwise kept; | 2209 |
and, if required by the bureau of criminal identification and | 2210 |
investigation, a photograph of each of those vehicles; | 2211 |
(8) If the offender or delinquent child was convicted of, | 2219 |
pleaded guilty to, or was adjudicated a delinquent child for | 2220 |
committing the child-victim oriented offense resulting in the | 2221 |
registration duty in a court in another state, in a federal court, | 2222 |
military court, or Indian tribal court, or in a court in any | 2223 |
nation other than the United States, a DNA specimen, as defined in | 2224 |
section 109.573 of the Revised Code, from the offender or | 2225 |
delinquent child, a citation for, and the name of, the | 2226 |
child-victim oriented offense resulting in the registration duty, | 2227 |
and a certified copy of a document that describes the text of that | 2228 |
child-victim oriented offense; | 2229 |
(G) If an offender or delinquent child who is required by | 2252 |
division (A) of this section to register is a tier III sex | 2253 |
offender/child-victim offender, the offender or delinquent child | 2254 |
also shall send the sheriff, or the sheriff's designee, of the | 2255 |
county in which the offender or delinquent child intends to reside | 2256 |
written notice of the offender's or delinquent child's intent to | 2257 |
reside in the county. The offender or delinquent child shall send | 2258 |
the notice of intent to reside at least twenty days prior to the | 2259 |
date the offender or delinquent child begins to reside in the | 2260 |
county. The notice of intent to reside shall contain all of the | 2261 |
following information: | 2262 |
(H)(1) If, immediately prior to January 1, 2008, an offender | 2268 |
or delinquent child who was convicted of, pleaded guilty to, or | 2269 |
was adjudicated a delinquent child for committing a child-victim | 2270 |
oriented offense or a sexually oriented offense as those terms | 2271 |
were defined in section 2950.01 of the Revised Code prior to | 2272 |
January 1, 2008, was required by division (A) of this section or | 2273 |
section 2950.04 of the Revised Code to register and if, on or | 2274 |
after January 1, 2008, that offense is a child-victim oriented | 2275 |
offense as that term is defined in section 2950.01 of the Revised | 2276 |
Code on and after January 1, 2008, the duty to register that is | 2277 |
imposed pursuant to this section on and after January 1, 2008, | 2278 |
shall be considered, for purposes of section 2950.07 of the | 2279 |
Revised Code and for all other purposes, to beis a continuation | 2280 |
of the duty imposed upon the offender or delinquent child prior to | 2281 |
January 1, 2008, under this section or section 2950.04 of the | 2282 |
Revised Code. | 2283 |
(2) If an offender or delinquent child who was convicted of, | 2284 |
pleaded guilty to, or was adjudicated a delinquent child for | 2285 |
committing a child-victim oriented offense was required | 2286 |
immediately prior to January 1, 2008, by division (A) of this | 2287 |
section to register based on that offense and if the offender or | 2288 |
child has a duty to register on and after the date of the judicial | 2289 |
tier reclassification of the offender or child under division (A) | 2290 |
of this section based on that offense, the duty to register | 2291 |
resulting from the reclassification is a continuation of the duty | 2292 |
imposed upon the offender or child prior to January 1, 2008, under | 2293 |
this section. | 2294 |
Sec. 2950.06. (A) An offender or delinquent child who is | 2295 |
required to register a residence address pursuant to division | 2296 |
(A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised | 2297 |
Code shall periodically verify the offender's or delinquent | 2298 |
child's current residence address, and an offender or public | 2299 |
registry-qualified juvenile offender registrant who is required to | 2300 |
register a school, institution of higher education, or place of | 2301 |
employment address pursuant to any of those divisions shall | 2302 |
periodically verify the address of the offender's or public | 2303 |
registry-qualified juvenile offender registrant's current school, | 2304 |
institution of higher education, or place of employment, in | 2305 |
accordance with this section. The frequency of verification shall | 2306 |
be determined in accordance with division (B) of this section, and | 2307 |
the manner of verification shall be determined in accordance with | 2308 |
division (C) of this section. | 2309 |
(1) Regardless of when the sexually oriented offense or | 2315 |
child-victim oriented offense for which the offender or delinquent | 2316 |
child is required to register was committed, if the offender or | 2317 |
delinquent child is a tier I sex offender/child-victim offender, | 2318 |
the offender shall verify the offender's current residence address | 2319 |
or current school, institution of higher education, or place of | 2320 |
employment address, and the delinquent child shall verify the | 2321 |
delinquent child's current residence address, in accordance with | 2322 |
division (C) of this section on each anniversary of the offender's | 2323 |
or delinquent child's initial registration date during the period | 2324 |
the offender or delinquent child is required to register. | 2325 |
(2) Regardless of when the sexually oriented offense or | 2326 |
child-victim oriented offense for which the offender or delinquent | 2327 |
child is required to register was committed, if the offender or | 2328 |
delinquent child is a tier II sex offender/child-victim offender, | 2329 |
the offender shall verify the offender's current residence address | 2330 |
or current school, institution of higher education, or place of | 2331 |
employment address, and the delinquent child shall verify the | 2332 |
delinquent child's current residence address, in accordance with | 2333 |
division (C) of this section every one hundred eighty days after | 2334 |
the offender's or delinquent child's initial registration date | 2335 |
during the period the offender or delinquent child is required to | 2336 |
register. | 2337 |
(3) Regardless of when the sexually oriented offense or | 2338 |
child-victim oriented offense for which the offender or delinquent | 2339 |
child is required to register was committed, if the offender or | 2340 |
delinquent child is a tier III sex offender/child-victim offender, | 2341 |
the offender shall verify the offender's current residence address | 2342 |
or current school, institution of higher education, or place of | 2343 |
employment address, and the delinquent child shall verify the | 2344 |
delinquent child's current residence address and, if the | 2345 |
delinquent child is a public registry-qualified juvenile offender | 2346 |
registrant, the current school, institution of higher education, | 2347 |
or place of employment address, in accordance with division (C) of | 2348 |
this section every ninety days after the offender's or delinquent | 2349 |
child's initial registration date during the period the offender | 2350 |
or delinquent child is required to register. | 2351 |
(4) If, prior to January 1, 2008, an offender or delinquent | 2352 |
child registered with a sheriff under a duty imposed under section | 2353 |
2950.04 or 2950.041 of the Revised Code as a result of a | 2354 |
conviction of, plea of guilty to, or adjudication as a delinquent | 2355 |
child for committing a sexually oriented offense or a child-victim | 2356 |
oriented offense as those terms were defined in section 2950.01 of | 2357 |
the Revised Code prior to January 1, 2008, on and after the date | 2358 |
of the judicial tier reclassification of the offender or child, | 2359 |
the duty to register that is imposed on the offender or delinquent | 2360 |
child pursuant to section 2950.04 or 2950.041 of the Revised Code | 2361 |
on and after January 1, 2008,resulting from the reclassification | 2362 |
is a continuation of the duty imposed upon the offender or child | 2363 |
prior to January 1, 2008, under section 2950.04 or 2950.041 of the | 2364 |
Revised Code and, for purposes of divisions (B)(1), (2), and (3) | 2365 |
of this section, the offender's or child's initial registration | 2366 |
date related to that offense is the date on which the offender or | 2367 |
child initially registered under section 2950.04 or 2950.041 of | 2368 |
the Revised Code. | 2369 |
(C)(1) An offender or delinquent child who is required to | 2370 |
verify the offender's or delinquent child's current residence, | 2371 |
school, institution of higher education, or place of employment | 2372 |
address pursuant to division (A) of this section shall verify the | 2373 |
address with the sheriff with whom the offender or delinquent | 2374 |
child most recently registered the address by personally appearing | 2375 |
before the sheriff or a designee of the sheriff, no earlier than | 2376 |
ten days before the date on which the verification is required | 2377 |
pursuant to division (B) of this section and no later than the | 2378 |
date so required for verification, and completing and signing a | 2379 |
copy of the verification form prescribed by the bureau of criminal | 2380 |
identification and investigation. The sheriff or designee shall | 2381 |
sign the completed form and indicate on the form the date on which | 2382 |
it is so completed. The verification required under this division | 2383 |
is complete when the offender or delinquent child personally | 2384 |
appears before the sheriff or designee and completes and signs the | 2385 |
form as described in this division. | 2386 |
(2) To facilitate the verification of an offender's or | 2387 |
delinquent child's current residence, school, institution of | 2388 |
higher education, or place of employment address, as applicable, | 2389 |
under division (C)(1) of this section, the sheriff with whom the | 2390 |
offender or delinquent child most recently registered the address | 2391 |
may mail a nonforwardable verification form prescribed by the | 2392 |
bureau of criminal identification and investigation to the | 2393 |
offender's or delinquent child's last reported address and to the | 2394 |
last reported address of the parents of the delinquent child, with | 2395 |
a notice that conspicuously states that the offender or delinquent | 2396 |
child must personally appear before the sheriff or a designee of | 2397 |
the sheriff to complete the form and the date by which the form | 2398 |
must be so completed. Regardless of whether a sheriff mails a form | 2399 |
to an offender or delinquent child and that child's parents, each | 2400 |
offender or delinquent child who is required to verify the | 2401 |
offender's or delinquent child's current residence, school, | 2402 |
institution of higher education, or place of employment address, | 2403 |
as applicable, pursuant to division (A) of this section shall | 2404 |
personally appear before the sheriff or a designee of the sheriff | 2405 |
to verify the address in accordance with division (C)(1) of this | 2406 |
section. | 2407 |
(1) Except as provided in division (D)(2) of this section, | 2410 |
the current residence address of the offender or delinquent child, | 2411 |
the name and address of the offender's or delinquent child's | 2412 |
employer if the offender or delinquent child is employed at the | 2413 |
time of verification or if the offender or delinquent child knows | 2414 |
at the time of verification that the offender or delinquent child | 2415 |
will be commencing employment with that employer subsequent to | 2416 |
verification, the name and address of the offender's or public | 2417 |
registry-qualified juvenile offender registrant's school or | 2418 |
institution of higher education if the offender or public | 2419 |
registry-qualified juvenile offender registrant attends one at the | 2420 |
time of verification or if the offender or public | 2421 |
registry-qualified juvenile offender registrant knows at the time | 2422 |
of verification that the offender will be commencing attendance at | 2423 |
that school or institution subsequent to verification, and any | 2424 |
other information required by the bureau of criminal | 2425 |
identification and investigation. | 2426 |
(E) Upon an offender's or delinquent child's personal | 2435 |
appearance and completion of a verification form under division | 2436 |
(C) of this section, a sheriff promptly shall forward a copy of | 2437 |
the verification form to the bureau of criminal identification and | 2438 |
investigation in accordance with the forwarding procedures adopted | 2439 |
by the attorney general pursuant to section 2950.13 of the Revised | 2440 |
Code. If an offender or public registry-qualified juvenile | 2441 |
offender registrant verifies a school, institution of higher | 2442 |
education, or place of employment address, or provides a school or | 2443 |
institution of higher education address under division (D)(1) of | 2444 |
this section, the sheriff also shall provide notice to the law | 2445 |
enforcement agency with jurisdiction over the premises of the | 2446 |
school, institution of higher education, or place of employment of | 2447 |
the offender's or public registry-qualified juvenile offender | 2448 |
registrant's name and that the offender or public | 2449 |
registry-qualified juvenile offender registrant has verified or | 2450 |
provided that address as a place at which the offender or public | 2451 |
registry-qualified juvenile offender registrant attends school or | 2452 |
an institution of higher education or at which the offender or | 2453 |
public registry-qualified juvenile offender registrant is | 2454 |
employed. The bureau shall include all information forwarded to it | 2455 |
under this division in the state registry of sex offenders and | 2456 |
child-victim offenders established and maintained under section | 2457 |
2950.13 of the Revised Code. | 2458 |
(F) No person who is required to verify a current residence, | 2459 |
school, institution of higher education, or place of employment | 2460 |
address, as applicable, pursuant to divisions (A) to (C) of this | 2461 |
section shall fail to verify a current residence, school, | 2462 |
institution of higher education, or place of employment address, | 2463 |
as applicable, in accordance with those divisions by the date | 2464 |
required for the verification as set forth in division (B) of this | 2465 |
section, provided that no person shall be prosecuted or subjected | 2466 |
to a delinquent child proceeding for a violation of this division, | 2467 |
and that no parent, guardian, or custodian of a delinquent child | 2468 |
shall be prosecuted for a violation of section 2919.24 of the | 2469 |
Revised Code based on the delinquent child's violation of this | 2470 |
division, prior to the expiration of the period of time specified | 2471 |
in division (G) of this section. | 2472 |
(G)(1) If an offender or delinquent child fails to verify a | 2473 |
current residence, school, institution of higher education, or | 2474 |
place of employment address, as applicable, as required by | 2475 |
divisions (A) to (C) of this section by the date required for the | 2476 |
verification as set forth in division (B) of this section, the | 2477 |
sheriff with whom the offender or delinquent child is required to | 2478 |
verify the current address, on the day following that date | 2479 |
required for the verification, shall send a written warning to the | 2480 |
offender or to the delinquent child and that child's parents, at | 2481 |
the offender's or delinquent child's and that child's parents' | 2482 |
last known residence, school, institution of higher education, or | 2483 |
place of employment address, as applicable, regarding the | 2484 |
offender's or delinquent child's duty to verify the offender's or | 2485 |
delinquent child's current residence, school, institution of | 2486 |
higher education, or place of employment address, as applicable. | 2487 |
(e) Conspicuously state that, if the offender or public | 2505 |
registry-qualified juvenile offender registrant verifies the | 2506 |
current residence, school, institution of higher education, or | 2507 |
place of employment address or the delinquent child who is not a | 2508 |
public registry-qualified juvenile offender registrant verifies | 2509 |
the current residence address with that sheriff within that | 2510 |
seven-day period, the offender or delinquent child will not be | 2511 |
prosecuted or subjected to a delinquent child proceeding for a | 2512 |
failure to timely verify a current address and the delinquent | 2513 |
child's parent, guardian, or custodian will not be prosecuted | 2514 |
based on a failure of the delinquent child to timely verify an | 2515 |
address; | 2516 |
(f) Conspicuously state that, if the offender or public | 2517 |
registry-qualified juvenile offender registrant does not verify | 2518 |
the current residence, school, institution of higher education, or | 2519 |
place of employment address or the delinquent child who is not a | 2520 |
public registry-qualified juvenile offender registrant does not | 2521 |
verify the current residence address with that sheriff within that | 2522 |
seven-day period, the offender or delinquent child will be | 2523 |
arrested or taken into custody, as appropriate, and prosecuted or | 2524 |
subjected to a delinquent child proceeding for a failure to timely | 2525 |
verify a current address and the delinquent child's parent, | 2526 |
guardian, or custodian may be prosecuted for a violation of | 2527 |
section 2919.24 of the Revised Code based on the delinquent | 2528 |
child's failure to timely verify a current residence address. | 2529 |
(2) If an offender or delinquent child fails to verify a | 2530 |
current residence, school, institution of higher education, or | 2531 |
place of employment address, as applicable, as required by | 2532 |
divisions (A) to (C) of this section by the date required for the | 2533 |
verification as set forth in division (B) of this section, the | 2534 |
offender or delinquent child shall not be prosecuted or subjected | 2535 |
to a delinquent child proceeding for a violation of division (F) | 2536 |
of this section, and the delinquent child's parent, guardian, or | 2537 |
custodian shall not be prosecuted for a violation of section | 2538 |
2919.24 of the Revised Code based on the delinquent child's | 2539 |
failure to timely verify a current residence address and, if the | 2540 |
delinquent child is a public registry-qualified juvenile offender | 2541 |
registrant, the current school, institution of higher education, | 2542 |
or place of employment address, as applicable, unless the | 2543 |
seven-day period subsequent to that date that the offender or | 2544 |
delinquent child is provided under division (G)(1) of this section | 2545 |
to verify the current address has expired and the offender or | 2546 |
delinquent child, prior to the expiration of that seven-day | 2547 |
period, has not verified the current address. Upon the expiration | 2548 |
of the seven-day period that the offender or delinquent child is | 2549 |
provided under division (G)(1) of this section to verify the | 2550 |
current address, if the offender or delinquent child has not | 2551 |
verified the current address, all of the following apply: | 2552 |
(b) The sheriff with whom the offender or delinquent child is | 2558 |
required to verify the current residence, school, institution of | 2559 |
higher education, or place of employment address, as applicable, | 2560 |
the sheriff of the county in which the offender or delinquent | 2561 |
child resides, the sheriff of the county in which is located the | 2562 |
offender's or public registry-qualified juvenile offender | 2563 |
registrant's school, institution of higher education, or place of | 2564 |
employment address that was to be verified, or a deputy of the | 2565 |
appropriate sheriff, shall locate the offender or delinquent | 2566 |
child, promptly shall seek a warrant for the arrest or taking into | 2567 |
custody, as appropriate, of the offender or delinquent child for | 2568 |
the violation of division (F) of this section and shall arrest the | 2569 |
offender or take the child into custody, as appropriate. | 2570 |
Sec. 2950.07. (A) The duty of an offender who is convicted | 2587 |
of, pleads guilty to, has been convicted of, or has pleaded guilty | 2588 |
to a sexually oriented offense or a child-victim oriented offense | 2589 |
and the duty of a delinquent child who is or has been adjudicated | 2590 |
a delinquent child for committing a sexually oriented offense or a | 2591 |
child-victim oriented offense and is classified a juvenile | 2592 |
offender registrant or who is an out-of-state juvenile offender | 2593 |
registrant to comply with sections 2950.04, 2950.041, 2950.05, and | 2594 |
2950.06 of the Revised Code commences on whichever of the | 2595 |
following dates is applicable: | 2596 |
(3) If the offender's duty to register is imposed pursuant to | 2607 |
division (A)(2) of section 2950.04 or division (A)(2) of section | 2608 |
2950.041 of the Revised Code, subject to division (A)(7) of this | 2609 |
section, the offender's duty to comply with those sections | 2610 |
commences on the date of the offender's release from a prison | 2611 |
term, a term of imprisonment, or any other type of confinement, or | 2612 |
if the offender is not sentenced to a prison term, a term of | 2613 |
imprisonment, or any other type of confinement, on the date of the | 2614 |
entry of the judgment of conviction of the sexually oriented | 2615 |
offense or child-victim oriented offense. | 2616 |
(4) If the offender's or delinquent child's duty to register | 2617 |
is imposed pursuant to division (A)(4) of section 2950.04 or | 2618 |
division (A)(4) of section 2950.041 of the Revised Code, the | 2619 |
offender's duty to comply with those sections commences regarding | 2620 |
residence addresses on the date that the offender begins to reside | 2621 |
or becomes temporarily domiciled in this state, the offender's | 2622 |
duty regarding addresses of schools, institutions of higher | 2623 |
education, and places of employment commences on the date the | 2624 |
offender begins attending any school or institution of higher | 2625 |
education in this state on a full-time or part-time basis or | 2626 |
becomes employed in this state, and the delinquent child's duty | 2627 |
commences on the date the delinquent child begins to reside or | 2628 |
becomes temporarily domiciled in this state. | 2629 |
(5) If the delinquent child's duty to register is imposed | 2630 |
pursuant to division (A)(3) of section 2950.04 or division (A)(3) | 2631 |
of section 2950.041 of the Revised Code, if the delinquent child's | 2632 |
classification as a juvenile offender registrant is made at the | 2633 |
time of the child's disposition for that sexually oriented offense | 2634 |
or child-victim oriented offense, whichever is applicable, and if | 2635 |
the delinquent child is committed for the sexually oriented | 2636 |
offense or child-victim oriented offense to the department of | 2637 |
youth services or to a secure facility that is not operated by the | 2638 |
department, the delinquent child's duty to comply with those | 2639 |
sections commences on the date of the delinquent child's discharge | 2640 |
or release from custody in the department of youth services secure | 2641 |
facility or from the secure facility not operated by the | 2642 |
department as described in that division. | 2643 |
(6) If the delinquent child's duty to register is imposed | 2644 |
pursuant to division (A)(3) of section 2950.04 or division (A)(3) | 2645 |
of section 2950.041 of the Revised Code and if either the | 2646 |
delinquent child's classification as a juvenile offender | 2647 |
registrant is made at the time of the child's disposition for that | 2648 |
sexually oriented offense or child-victim oriented offense, | 2649 |
whichever is applicable, and the delinquent child is not committed | 2650 |
for the sexually oriented offense or child-victim oriented offense | 2651 |
to the department of youth services or to a secure facility that | 2652 |
is not operated by the department or the child's classification as | 2653 |
a juvenile offender registrant is made pursuant to section 2152.83 | 2654 |
or division (A)(2) of section 2152.86 of the Revised Code, subject | 2655 |
to divisions (A)(7) of this section, the delinquent child's duty | 2656 |
to comply with those sections commences on the date of entry of | 2657 |
the court's order that classifies the delinquent child a juvenile | 2658 |
offender registrant. | 2659 |
(7) If the offender's or delinquent child's duty to register | 2660 |
is imposed pursuant to division (A)(2), (3), or (4) of section | 2661 |
2950.04 or division (A)(2), (3), or (4) of section 2950.041 of the | 2662 |
Revised Code and if the offender or delinquent child prior to | 2663 |
January 1, 2008, has registered a residence, school, institution | 2664 |
of higher education, or place of employment address pursuant to | 2665 |
section 2950.04, 2950.041, or 2950.05 of the Revised Code as they | 2666 |
existed prior to that date, on and after the date of the judicial | 2667 |
tier reclassification of the offender or child, the offender or | 2668 |
delinquent child initially shall register in accordance with | 2669 |
section 2950.04 or 2950.041 of the Revised Code, whichever is | 2670 |
applicable, as it exists on and after JanuaryJuly 1, 20082011, | 2671 |
not later than the earlier of the dates specified in divisions | 2672 |
(A)(7)(a) and, (b), and (c) of this section. The offender's or | 2673 |
delinquent child's duty to comply thereafter with sections | 2674 |
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code as | 2675 |
they exist on and after January 1, 2008, commences on the date of | 2676 |
that initial registration. The offender or delinquent child | 2677 |
initially shall register under section 2950.04 or 2950.041 of the | 2678 |
Revised Code as it exists on and after January 1, 2008, not later | 2679 |
than the earlier of the following: | 2680 |
(8) If the offender's or delinquent child's duty to register | 2698 |
was imposed pursuant to section 2950.04 or 2950.041 of the Revised | 2699 |
Code as they existed prior to January 1, 2008, on and after the | 2700 |
date of the judicial tier reclassification of the offender or | 2701 |
child, the offender's or delinquent child's duty resulting from | 2702 |
the reclassification to comply with sections 2950.04, 2950.041, | 2703 |
2950.05, and 2950.06 of the Revised Code as they exist on and | 2704 |
after JanuaryJuly 1, 20082011, is a continuation of the | 2705 |
offender's or delinquent child's former duty to register imposed | 2706 |
prior to January 1, 2008, under section 2950.04 or 2950.041 of the | 2707 |
Revised Code and shall be considered for all purposes as having | 2708 |
commenced on the date that the offender's or child's duty under | 2709 |
that section commenced. | 2710 |
(B) The duty of an offender who is convicted of, pleads | 2711 |
guilty to, has been convicted of, or has pleaded guilty to a | 2712 |
sexually oriented offense or a child-victim oriented offense and | 2713 |
the duty of a delinquent child who is or has been adjudicated a | 2714 |
delinquent child for committing a sexually oriented offense or a | 2715 |
child-victim oriented offense and is classified a juvenile | 2716 |
offender registrant or who is an out-of-state juvenile offender | 2717 |
registrant to comply with sections 2950.04, 2950.041, 2950.05, and | 2718 |
2950.06 of the Revised Code continues, after the date of | 2719 |
commencement, for whichever of the following periods is | 2720 |
applicable: | 2721 |
(1) Except as otherwise provided in this division, if the | 2722 |
person is an offender who is a tier III sex offender/child-victim | 2723 |
offender relative to the sexually oriented offense or child-victim | 2724 |
oriented offense, if the person is a delinquent child who is a | 2725 |
tier III sex offender/child-victim offender relative to the | 2726 |
sexually oriented offense or child-victim oriented offense, or if | 2727 |
the person is a delinquent child who is a public | 2728 |
registry-qualified juvenile offender registrant relative to the | 2729 |
sexually oriented offense, the offender's or delinquent child's | 2730 |
duty to comply with those sections continues until the offender's | 2731 |
or delinquent child's death. Regarding a delinquent child who is a | 2732 |
tier III sex offender/child-victim offender relative to the | 2733 |
offense but is not a public registry-qualified juvenile offender | 2734 |
registrant relative to the offense, if the judge who made the | 2735 |
disposition for the delinquent child or that judge's successor in | 2736 |
office subsequently enters a determination pursuant to section | 2737 |
2152.84 or 2152.85 of the Revised Code that the delinquent child | 2738 |
no longer is a tier III sex offender/child-victim offender, the | 2739 |
delinquent child's duty to comply with those sections continues | 2740 |
for the period of time that is applicable to the delinquent child | 2741 |
under division (B)(2) or (3) of this section, based on the | 2742 |
reclassification of the child pursuant to section 2152.84 or | 2743 |
21562.852152.85 of the Revised Code as a tier I sex | 2744 |
offender/child-victim offender or a tier II sex | 2745 |
offender/child-victim offender. In no case shall the lifetime duty | 2746 |
to comply that is imposed under this division on an offender who | 2747 |
is a tier III sex offender/child-victim offender be removed or | 2748 |
terminated. A delinquent child who is a public registry-qualified | 2749 |
juvenile offender registrant may have the lifetime duty to | 2750 |
register terminated only pursuant to section 2950.15 of the | 2751 |
Revised Code. | 2752 |
(2) If the person is an offender who is a tier II sex | 2753 |
offender/child-victim offender relative to the sexually oriented | 2754 |
offense or child-victim oriented offense, the offender's duty to | 2755 |
comply with those sections continues for twenty-five years. Except | 2756 |
as otherwise provided in this division, if the person is a | 2757 |
delinquent child who is a tier II sex offender/child-victim | 2758 |
offender relative to the sexually oriented offense or child-victim | 2759 |
oriented offense, the delinquent child's duty to comply with those | 2760 |
sections continues for twenty years. Regarding a delinquent child | 2761 |
who is a tier II sex offender/child-victim offender relative to | 2762 |
the offense but is not a public registry-qualified juvenile | 2763 |
offender registrant relative to the offense, if the judge who made | 2764 |
the disposition for the delinquent child or that judge's successor | 2765 |
in office subsequently enters a determination pursuant to section | 2766 |
2152.84 or 2152.85 of the Revised Code that the delinquent child | 2767 |
no longer is a tier II sex offender/child-victim offender but | 2768 |
remains a juvenile offender registrant, the delinquent child's | 2769 |
duty to comply with those sections continues for the period of | 2770 |
time that is applicable to the delinquent child under division | 2771 |
(B)(3) of this section, based on the reclassification of the child | 2772 |
pursuant to section 2152.84 or 2152.85 of the Revised Code as a | 2773 |
tier I sex offender/child-victim offender. | 2774 |
(3) Except as otherwise provided in this division, if the | 2775 |
person is an offender who is a tier I sex offender/child-victim | 2776 |
offender relative to the sexually oriented offense or child-victim | 2777 |
oriented offense, the offender's duty to comply with those | 2778 |
sections continues for fifteen years. Except as otherwise provided | 2779 |
in this division, if the person is a delinquent child who is a | 2780 |
tier I sex offender/child-victim offender relative to the sexually | 2781 |
oriented offense or child-victim oriented offense, the delinquent | 2782 |
child's duty to comply with those sections continues for ten | 2783 |
years. Regarding a delinquent child who is a juvenile offender | 2784 |
registrant and a tier I sex offender/child-victim offender but is | 2785 |
not a public registry-qualified juvenile offender registrant, if | 2786 |
the judge who made the disposition for the delinquent child or | 2787 |
that judge's successor in office subsequently enters a | 2788 |
determination pursuant to section 2152.84 or 2152.85 of the | 2789 |
Revised Code that the delinquent child no longer is to be | 2790 |
classified a juvenile offender registrant, the delinquent child's | 2791 |
duty to comply with those sections terminates upon the court's | 2792 |
entry of the determination. A person who is an offender who is a | 2793 |
tier I sex offender/child-victim offender may have the | 2794 |
fifteen-year duty to register terminated only pursuant to section | 2795 |
2950.15 of the Revised Code. | 2796 |
(C)(1) If an offender has been convicted of or pleaded guilty | 2797 |
to a sexually oriented offense and the offender subsequently is | 2798 |
convicted of or pleads guilty to another sexually oriented offense | 2799 |
or a child-victim oriented offense, if an offender has been | 2800 |
convicted of or pleaded guilty to a child-victim oriented offense | 2801 |
and the offender subsequently is convicted of or pleads guilty to | 2802 |
another child-victim oriented offense or a sexually oriented | 2803 |
offense, if a delinquent child has been adjudicated a delinquent | 2804 |
child for committing a sexually oriented offense and is classified | 2805 |
a juvenile offender registrant or is an out-of-state juvenile | 2806 |
offender registrant and the child subsequently is adjudicated a | 2807 |
delinquent child for committing another sexually oriented offense | 2808 |
or a child-victim oriented offense and is classified a juvenile | 2809 |
offender registrant relative to that offense or subsequently is | 2810 |
convicted of or pleads guilty to another sexually oriented offense | 2811 |
or a child-victim oriented offense, or if a delinquent child has | 2812 |
been adjudicated a delinquent child for committing a child-victim | 2813 |
oriented offense and is classified a juvenile offender registrant | 2814 |
or is an out-of-state juvenile offender registrant and the child | 2815 |
subsequently is adjudicated a delinquent child for committing | 2816 |
another child-victim oriented offense or a sexually oriented | 2817 |
offense and is classified a juvenile offender registrant relative | 2818 |
to that offense or subsequently is convicted of or pleads guilty | 2819 |
to another child-victim oriented offense or a sexually oriented | 2820 |
offense, the period of time for which the offender or delinquent | 2821 |
child must comply with the sections specified in division (A) of | 2822 |
this section shall be separately calculated pursuant to divisions | 2823 |
(A)(1) to (8) and (B)(1) to (3) of this section for each of the | 2824 |
sexually oriented offenses and child-victim oriented offenses, and | 2825 |
the offender or delinquent child shall comply with each separately | 2826 |
calculated period of time independently. | 2827 |
If a delinquent child has been adjudicated a delinquent child | 2828 |
for committing a sexually oriented offense or a child-victim | 2829 |
oriented offense, is classified a juvenile offender registrant or | 2830 |
is an out-of-state juvenile offender registrant relative to that | 2831 |
offense, and, after attaining eighteen years of age, subsequently | 2832 |
is convicted of or pleads guilty to another sexually oriented | 2833 |
offense or child-victim oriented offense, the subsequent | 2834 |
conviction or guilty plea does not limit, affect, or supersede the | 2835 |
duties imposed upon the delinquent child under this chapter | 2836 |
relative to the delinquent child's classification as a juvenile | 2837 |
offender registrant or as an out-of-state juvenile offender | 2838 |
registrant, and the delinquent child shall comply with both those | 2839 |
duties and the duties imposed under this chapter relative to the | 2840 |
subsequent conviction or guilty plea. | 2841 |
(2) If a delinquent child has been adjudicated a delinquent | 2842 |
child for committing a sexually oriented offense or a child-victim | 2843 |
oriented offense and is classified a juvenile offender registrant | 2844 |
relative to the offense and if the juvenile judge or the judge's | 2845 |
successor in office subsequently reclassifies the offense tier in | 2846 |
which the child is classified pursuant to section 2152.84 or | 2847 |
2152.85 of the Revised Code, the judge's subsequent determination | 2848 |
to reclassify the child does not affect the date of commencement | 2849 |
of the delinquent child's duty to comply with sections 2950.04, | 2850 |
2950.041, 2950.05, and 2950.06 of the Revised Code as determined | 2851 |
under division (A) of this section. The child's duty to comply | 2852 |
with those sections after the reclassification is a continuation | 2853 |
of the child's duty to comply with the sections that was in effect | 2854 |
prior to the reclassification, and the duty shall continue for the | 2855 |
period of time specified in division (B)(1), (2), or (3) of this | 2856 |
section, whichever is applicable. | 2857 |
If, prior to January 1, 2008, an offender had a duty to | 2858 |
comply with the sections specified in division (A) of this section | 2859 |
as a result of a conviction of or plea of guilty to a sexually | 2860 |
oriented offense or child-victim oriented offense as those terms | 2861 |
were defined in section 2950.01 of the Revised Code prior to | 2862 |
January 1, 2008, or a delinquent child had a duty to comply with | 2863 |
those sections as a result of an adjudication as a delinquent | 2864 |
child for committing one of those offenses as they were defined | 2865 |
prior to January 1, 2008, on and after the date of the judicial | 2866 |
tier reclassification of the offender or child, the period of | 2867 |
time specified in division (B)(1), (2), or (3) of this section on | 2868 |
and after JanuaryJuly 1, 20082011, for which a person must | 2869 |
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of | 2870 |
the Revised Code applies to the person, automatically replaces the | 2871 |
period of time for which the person had to comply with those | 2872 |
sections prior to January 1, 2008, and is a continuation of the | 2873 |
person's duty to comply with the sections that was in effect prior | 2874 |
to the reclassification of the person as described in this | 2875 |
division. If, prior to January 1, 2008, an offender or a | 2876 |
delinquent child had a duty to comply with the sections specified | 2877 |
in division (A) of this section, the offender's or delinquent | 2878 |
child's classificationreclassification as a tier I sex | 2879 |
offender/child-victim offender, a tier II sex | 2880 |
offender/child-victim offender, or a tier III sex | 2881 |
offender/child-victim offender for purposes of that period of time | 2882 |
shall be determined as specified in section 2950.031 or 2950.032 | 2883 |
2950.035 or 2950.036 of the Revised Code, asand, if applicable, | 2884 |
section 2950.037 of the Revised Code. | 2885 |
(E) An offender or delinquent child who has been or is | 2896 |
convicted, has pleaded or pleads guilty, or has been or is | 2897 |
adjudicated a delinquent child, in a court in another state, in a | 2898 |
federal court, military court, or Indian tribal court, or in a | 2899 |
court of any nation other than the United States for committing a | 2900 |
sexually oriented offense or a child-victim oriented offense may | 2901 |
apply to the sheriff of the county in which the offender or | 2902 |
delinquent child resides or temporarily is domiciled, or in which | 2903 |
the offender attends a school or institution of higher education | 2904 |
or is employed, for credit against the duty to register for the | 2905 |
time that the offender or delinquent child has complied with the | 2906 |
sex offender or child-victim offender registration requirements of | 2907 |
another jurisdiction. The sheriff shall grant the offender or | 2908 |
delinquent child credit against the duty to register for time for | 2909 |
which the offender or delinquent child provides adequate proof | 2910 |
that the offender or delinquent child has complied with the sex | 2911 |
offender or child-victim offender registration requirements of | 2912 |
another jurisdiction. If the offender or delinquent child | 2913 |
disagrees with the determination of the sheriff, the offender or | 2914 |
delinquent child may appeal the determination to the court of | 2915 |
common pleas of the county in which the offender or delinquent | 2916 |
child resides or is temporarily domiciled, or in which the | 2917 |
offender attends a school or institution of higher education or is | 2918 |
employed. | 2919 |
Sec. 2950.08. (A) Subject to division (B) of this section, | 2920 |
the statements, information, photographs, fingerprints, and | 2921 |
material required by sections 2950.04, 2950.041, 2950.05, and | 2922 |
2950.06 of the Revised Code and provided by a person who | 2923 |
registers, who provides notice of a change of residence, school, | 2924 |
institution of higher education, or place of employment address | 2925 |
and registers the new residence, school, institution of higher | 2926 |
education, or place of employment address, or who provides | 2927 |
verification of a current residence, school, institution of higher | 2928 |
education, or place of employment address pursuant to those | 2929 |
sections and that are in the possession of the bureau of criminal | 2930 |
identification and investigation and the information in the | 2931 |
possession of the bureau that was received by the bureau pursuant | 2932 |
to section 2950.14 of the Revised Code shall not be open to | 2933 |
inspection by the public or by any person other than the following | 2934 |
persons: | 2935 |
(1) No later than July 1, 1997, establish and maintain a | 2957 |
state registry of sex offenders and child-victim offenders that is | 2958 |
housed at the bureau of criminal identification and investigation | 2959 |
and that contains all of the registration, change of residence, | 2960 |
school, institution of higher education, or place of employment | 2961 |
address, and verification information the bureau receives pursuant | 2962 |
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised | 2963 |
Code regarding each person who is convicted of, pleads guilty to, | 2964 |
has been convicted of, or has pleaded guilty to a sexually | 2965 |
oriented offense or a child-victim oriented offense and each | 2966 |
person who is or has been adjudicated a delinquent child for | 2967 |
committing a sexually oriented offense or a child-victim oriented | 2968 |
offense and is classified a juvenile offender registrant or is an | 2969 |
out-of-state juvenile offender registrant based on that | 2970 |
adjudication, all of the information the bureau receives pursuant | 2971 |
to section 2950.14 of the Revised Code, and any notice of an order | 2972 |
terminating or modifying an offender's or delinquent child's duty | 2973 |
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of | 2974 |
the Revised Code the bureau receives pursuant to section 2152.84, | 2975 |
2152.85, or 2950.15 of the Revised Code. For a person who was | 2976 |
convicted of or pleaded guilty to the sexually oriented offense or | 2977 |
child-victim related offense, the registry also shall indicate | 2978 |
whether the person was convicted of or pleaded guilty to the | 2979 |
offense in a criminal prosecution or in a serious youthful | 2980 |
offender case. The registry shall not be open to inspection by the | 2981 |
public or by any person other than a person identified in division | 2982 |
(A) of section 2950.08 of the Revised Code. In addition to the | 2983 |
information and material previously identified in this division, | 2984 |
the registry shall include all of the following regarding each | 2985 |
person who is listed in the registry: | 2986 |
(3) In consultation with local law enforcement | 3032 |
representatives, adopt rules for the implementation and | 3033 |
administration of the provisions contained in section 2950.11 of | 3034 |
the Revised Code that pertain to the notification of neighbors of | 3035 |
an offender or a delinquent child who has committed a sexually | 3036 |
oriented offense or a child-victim oriented offense and and is in | 3037 |
a category specified in division (F)(1) of that section and rules | 3038 |
that prescribe a manner in which victims of a sexually oriented | 3039 |
offense or a child-victim oriented offense committed by an | 3040 |
offender or a delinquent child who is in a category specified in | 3041 |
division (B)(1) of section 2950.10 of the Revised Code may make a | 3042 |
request that specifies that the victim would like to be provided | 3043 |
the notices described in divisions (A)(1) and (2) of section | 3044 |
2950.10 of the Revised Code; | 3045 |
(4) In consultation with local law enforcement | 3046 |
representatives and through the bureau of criminal identification | 3047 |
and investigation, prescribe the forms to be used by judges and | 3048 |
officials pursuant to section 2950.03, 2950.035, or 2950.032 | 3049 |
2950.036 of the Revised Code to advise offenders and delinquent | 3050 |
children of their duties of filing a notice of intent to reside, | 3051 |
registration, notification of a change of residence, school, | 3052 |
institution of higher education, or place of employment address | 3053 |
and registration of the new, school, institution of higher | 3054 |
education, or place of employment address, as applicable, and | 3055 |
address verification under sections 2950.04, 2950.041, 2950.05, | 3056 |
and 2950.06 of the Revised Code, and prescribe the forms to be | 3057 |
used by sheriffs relative to those duties of filing a notice of | 3058 |
intent to reside, registration, change of residence, school, | 3059 |
institution of higher education, or place of employment address | 3060 |
notification, and address verification; | 3061 |
(9) In consultation with the director of education, the | 3081 |
director of job and family services, and the director of | 3082 |
rehabilitation and correction, adopt rules that contain guidelines | 3083 |
to be followed by boards of education of a school district, | 3084 |
chartered nonpublic schools or other schools not operated by a | 3085 |
board of education, preschool programs, child day-care centers, | 3086 |
type A family day-care homes, certified type B family day-care | 3087 |
homes, and institutions of higher education regarding the proper | 3088 |
use and administration of information received pursuant to section | 3089 |
2950.11 of the Revised Code relative to an offender or delinquent | 3090 |
child who has committed a sexually oriented offense or a | 3091 |
child-victim oriented offense and is in a category specified in | 3092 |
division (F)(1) of that section; | 3093 |
(11) Through the bureau of criminal identification and | 3100 |
investigation, not later than January 1, 2004, establish and | 3101 |
operate on the internet a sex offender and child-victim offender | 3102 |
database that contains information for every offender who has | 3103 |
committed a sexually oriented offense or a child-victim oriented | 3104 |
offense and registers in any county in this state pursuant to | 3105 |
section 2950.04 or 2950.041 of the Revised Code and for every | 3106 |
delinquent child who has committed a sexually oriented offense, is | 3107 |
a public registry-qualified juvenile offender registrant, and | 3108 |
registers in any county in this state pursuant to either such | 3109 |
section. The bureau shall not include on the database the identity | 3110 |
of any offender's or public registry-qualified juvenile offender | 3111 |
registrant's victim, any offender's or public registry-qualified | 3112 |
juvenile offender registrant's social security number, the name of | 3113 |
any school or institution of higher education attended by any | 3114 |
offender or public registry-qualified juvenile offender | 3115 |
registrant, the name of the place of employment of any offender or | 3116 |
public registry-qualified juvenile offender registrant, any | 3117 |
tracking or identification number described in division (A)(1)(f) | 3118 |
of this section, or any information described in division (C)(7) | 3119 |
of section 2950.04 or 2950.041 of the Revised Code. The bureau | 3120 |
shall provide on the database, for each offender and each public | 3121 |
registry-qualified juvenile offender registrant, at least the | 3122 |
information specified in divisions (A)(11)(a) to (h) of this | 3123 |
section. Otherwise, the bureau shall determine the information to | 3124 |
be provided on the database for each offender and public | 3125 |
registry-qualified juvenile offender registrant and shall obtain | 3126 |
that information from the information contained in the state | 3127 |
registry of sex offenders and child-victim offenders described in | 3128 |
division (A)(1) of this section, which information, while in the | 3129 |
possession of the sheriff who provided it, is a public record open | 3130 |
for inspection as described in section 2950.081 of the Revised | 3131 |
Code. The database is a public record open for inspection under | 3132 |
section 149.43 of the Revised Code, and it shall be searchable by | 3133 |
offender or public registry-qualified juvenile offender registrant | 3134 |
name, by county, by zip code, and by school district. The database | 3135 |
shall provide a link to the web site of each sheriff who has | 3136 |
established and operates on the internet a sex offender and | 3137 |
child-victim offender database that contains information for | 3138 |
offenders and public registry-qualified juvenile offender | 3139 |
registrants who register in that county pursuant to section | 3140 |
2950.04 or 2950.041 of the Revised Code, with the link being a | 3141 |
direct link to the sex offender and child-victim offender database | 3142 |
for the sheriff. The bureau shall provide on the database, for | 3143 |
each offender and public registry-qualified juvenile offender | 3144 |
registrant, at least the following information: | 3145 |
(12) Develop software to be used by sheriffs in establishing | 3171 |
on the internet a sex offender and child-victim offender database | 3172 |
for the public dissemination of some or all of the information and | 3173 |
materials described in division (A) of section 2950.081 of the | 3174 |
Revised Code that are public records under that division, that are | 3175 |
not prohibited from inclusion by division (B) of that section, and | 3176 |
that pertain to offenders and public registry-qualified juvenile | 3177 |
offender registrants who register in the sheriff's county pursuant | 3178 |
to section 2950.04 or 2950.041 of the Revised Code and for the | 3179 |
public dissemination of information the sheriff receives pursuant | 3180 |
to section 2950.14 of the Revised Code and, upon the request of | 3181 |
any sheriff, provide technical guidance to the requesting sheriff | 3182 |
in establishing on the internet such a database; | 3183 |
(13) Through the bureau of criminal identification and | 3184 |
investigation, not later than January 1, 2004, establish and | 3185 |
operate on the internet a database that enables local law | 3186 |
enforcement representatives to remotely search by electronic means | 3187 |
the state registry of sex offenders and child-victim offenders | 3188 |
described in division (A)(1) of this section and any information | 3189 |
and materials the bureau receives pursuant to sections 2950.04, | 3190 |
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The | 3191 |
database shall enable local law enforcement representatives to | 3192 |
obtain detailed information regarding each offender and delinquent | 3193 |
child who is included in the registry, including, but not limited | 3194 |
to the offender's or delinquent child's name, aliases, residence | 3195 |
address, name and address of any place of employment, school, | 3196 |
institution of higher education, if applicable, license plate | 3197 |
number of each vehicle identified in division (C)(5) of section | 3198 |
2950.04 or 2950.041 of the Revised Code to the extent applicable, | 3199 |
victim preference if available, date of most recent release from | 3200 |
confinement if applicable, fingerprints, and palmprints, all of | 3201 |
the information and material described in
divisiondivisions | 3202 |
(A)(1)(a) to (h) of this section regarding the offender or | 3203 |
delinquent child, and other identification parameters the bureau | 3204 |
considers appropriate. The database is not a public record open | 3205 |
for inspection under section 149.43 of the Revised Code and shall | 3206 |
be available only to law enforcement representatives as described | 3207 |
in this division. Information obtained by local law enforcement | 3208 |
representatives through use of this database is not open to | 3209 |
inspection by the public or by any person other than a person | 3210 |
identified in division (A) of section 2950.08 of the Revised Code. | 3211 |
(15) Through the bureau of criminal identification and | 3220 |
investigation, establish and operate a system for the immediate | 3221 |
notification by electronic means of the appropriate officials in | 3222 |
other states specified in this division each time an offender or | 3223 |
delinquent child registers a residence, school, institution of | 3224 |
higher education, or place of employment address under section | 3225 |
2950.04 or 2950.041 of the revisedRevised Code or provides a | 3226 |
notice of a change of address or registers a new address under | 3227 |
division (A) or (B) of section 2950.05 of the Revised Code. The | 3228 |
immediate notification by electronic means shall be provided to | 3229 |
the appropriate officials in each state in which the offender or | 3230 |
delinquent child is required to register a residence, school, | 3231 |
institution of higher education, or place of employment address. | 3232 |
The notification shall contain the offender's or delinquent | 3233 |
child's name and all of the information the bureau receives from | 3234 |
the sheriff with whom the offender or delinquent child registered | 3235 |
the address or provided the notice of change of address or | 3236 |
registered the new address. | 3237 |