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(Amended Substitute Senate Bill Number 3)
AN ACT
To amend sections 2151.23, 2152.02,
2152.19,
2152.22,
2919.24, 2950.01, 2950.02,
2950.03,
2950.04,
2950.05, 2950.06, 2950.07,
2950.09,
2950.10,
2950.11, 2950.12,
2950.13,
2950.14,
2950.99, and
5139.13 and to enact
sections
2152.191, 2152.82,
2152.83, 2152.84, 2152.85, and
2950.081
of the
Revised
Code to apply the Sex
Offender
Registration
and Notification Law to
persons adjudicated
delinquent
children for
committing a sexually
oriented offense while 14
years of age or older
and
to clarify that sex
offender registration
information held by a county
sheriff is a public
record.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 2151.23, 2152.02,
2152.19,
2152.22, 2919.24, 2950.01, 2950.02,
2950.03, 2950.04,
2950.05,
2950.06, 2950.07, 2950.09, 2950.10,
2950.11,
2950.12,
2950.13,
2950.14, 2950.99, and 5139.13 be amended and
sections
2152.191,
2152.82, 2152.83, 2152.84, 2152.85, and 2950.081 of the
Revised
Code be
enacted to
read as
follows:
Sec. 2151.23. (A) The juvenile court has exclusive
original
jurisdiction under the Revised Code as follows: (1) Concerning any child who on or about the date
specified
in the complaint, indictment, or information is alleged to have
violated section 2151.87 of the Revised Code or an order issued
under that section or to be a juvenile traffic
offender or a
delinquent, unruly, abused, neglected, or
dependent child
and,
based on and in relation to the allegation pertaining to the
child,
concerning the parent, guardian, or other person having
care
of a child who is alleged to be an unruly or delinquent child
for being an
habitual or chronic
truant; (2) Subject to division (V) of section 2301.03 of the
Revised Code, to
determine the custody of any child not a ward of
another court of this state; (3) To hear and determine any application for a writ of
habeas corpus involving the custody of a child; (4) To exercise the powers and jurisdiction given the
probate division of the court of common pleas in Chapter 5122.
of
the Revised Code, if the court has probable cause to believe
that
a child otherwise within the jurisdiction of the court is a
mentally ill person subject to hospitalization by court order, as
defined in section 5122.01 of the Revised Code; (5) To hear and determine all criminal cases charging
adults
with the violation of any section of this chapter; (6) To hear and determine all criminal cases in which an
adult is charged with a violation of division (C) of section
2919.21, division (B)(1) of section 2919.22, section 2919.222,
division (B) of
section 2919.23, or section 2919.24 of the Revised
Code, provided
the charge is not included in an indictment that
also charges the
alleged adult offender with the commission of a
felony arising
out of the same actions that are the basis of the
alleged
violation of division (C) of section 2919.21, division
(B)(1) of
section 2919.22, section 2919.222, division (B) of
section
2919.23, or section
2919.24 of the Revised Code; (7) Under the interstate compact on juveniles in section
2151.56 of the Revised Code; (8) Concerning any child who is to be taken into custody
pursuant to section 2151.31 of the Revised Code, upon being
notified of the intent to take the child into custody and the
reasons for taking the child into custody; (9) To hear and determine requests for the extension of
temporary custody agreements, and requests for court approval of
permanent custody agreements, that are filed pursuant to section
5103.15 of the Revised Code; (10) To hear and determine applications for consent to
marry
pursuant to section 3101.04 of the Revised Code; (11) Subject to division (V) of section 2301.03 of the
Revised Code, to hear
and determine a request for an order for the
support of any child if the request is not ancillary to an action
for divorce, dissolution of marriage, annulment, or legal
separation, a criminal or civil action involving an allegation of
domestic violence, or an action for support brought under Chapter
3115. of the Revised Code; (12) Concerning an action commenced under section 121.38 of
the Revised
Code; (13) To hear and determine violations of section 3321.38
of
the Revised Code; (14) To exercise
jurisdiction and authority over the
parent,
guardian, or other person having care of a child alleged
to be a
delinquent child, unruly child, or juvenile traffic
offender,
based on and in relation to the allegation pertaining to
the
child; (15) To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.85 and Chapter 2950. of the Revised Code regarding
a
child who has been adjudicated a delinquent child and to refer the duties conferred upon the juvenile court judge under sections 2152.82 to 2152.85 and Chapter 2950. of the Revised Code to magistrates appointed by the juvenile court judge in accordance with Juvenile Rule 40. (B) Except as provided in division (I) of section 2301.03 of
the Revised
Code, the juvenile court has original jurisdiction
under the
Revised Code: (1) To hear and determine all cases of misdemeanors
charging
adults with any act or omission with respect to any
child, which
act or omission is a violation of any state law or
any municipal
ordinance; (2) To determine the paternity of any child alleged to
have
been born out of wedlock pursuant to sections 3111.01 to 3111.18
of the
Revised Code; (3) Under the uniform interstate family support
act in
Chapter 3115. of the Revised Code; (4) To hear and determine an application for an order for
the support of any child, if the child is not a ward of another
court of this state; (5) To hear and determine an action commenced under section
3111.28
of the Revised Code; (6) To hear and determine a motion filed under section
3119.961 of the Revised Code. (C) The juvenile court, except as to juvenile courts that
are a separate division of the court of common pleas or a
separate
and independent juvenile court, has jurisdiction to
hear,
determine, and make a record of any action for divorce or
legal
separation that involves the custody or care of children
and that
is filed in the court of common pleas and certified by
the court
of common pleas with all the papers filed in the action
to the
juvenile court for trial, provided that no certification of
that
nature shall
be made to any juvenile court unless the consent of
the juvenile judge
first is obtained. After a certification of
that nature is made
and consent is
obtained, the juvenile court
shall proceed as if the action originally had
been begun in that
court, except as to awards for spousal support
or support due and
unpaid at the time of certification, over
which the juvenile court
has no jurisdiction. (D) The juvenile court, except as provided in division (I)
of section 2301.03
of the Revised Code, has jurisdiction to hear
and
determine all matters as to custody and support of children
duly
certified by the court of common pleas to the juvenile court
after a divorce decree has been granted, including jurisdiction
to
modify the judgment and decree of the court of common pleas as
the
same relate to the custody and support of children. (E) The juvenile court, except as provided in division (I)
of section 2301.03
of the Revised Code, has jurisdiction to hear
and
determine the case of any child certified to the court by any
court of competent jurisdiction if the child comes within the
jurisdiction of the juvenile court as defined by this section. (F)(1) The juvenile court shall exercise its jurisdiction
in
child custody matters in accordance with sections 3109.04,
3109.21
to 3109.36, and 5103.20 to 5103.28 of the Revised Code. (2) The juvenile court shall exercise its jurisdiction in
child support matters in accordance with section 3109.05 of the
Revised Code. (G) Any
juvenile court that
makes or modifies an order for
child support
shall comply with
Chapters 3119., 3121., 3123., and
3125. of the Revised Code. If any person
required to pay
child
support under an order made by a juvenile
court on or after
April
15, 1985, or modified on or after December
1, 1986, is
found in
contempt of court for failure to make support
payments
under the
order, the court that makes the finding, in
addition to
any other
penalty or remedy imposed, shall assess all
court costs
arising
out of the contempt proceeding against the
person and
require the
person to pay any reasonable attorney's
fees of any
adverse party,
as determined by the court, that arose
in relation
to the act of
contempt. (H) If a child who is charged with an act that would be an
offense if committed by an adult was fourteen years of age or
older and under
eighteen years of age at the time of the alleged
act and if the case is
transferred for criminal prosecution
pursuant to section 2152.12 of the
Revised Code, the
juvenile
court does not have jurisdiction to hear or
determine the case
subsequent to the transfer. The court to which the
case is
transferred for criminal prosecution pursuant to that
section has
jurisdiction subsequent to the transfer to hear and
determine the
case in the same manner as if the case originally
had been
commenced in that court, including, but not limited to,
jurisdiction to accept a plea of guilty or another plea
authorized
by Criminal Rule 11 or another section
of the Revised Code and
jurisdiction to accept a
verdict and to enter a judgment of
conviction pursuant to the
Rules of Criminal Procedure against the
child for the commission of the offense that was the basis of the
transfer of the case for criminal prosecution, whether the
conviction is for the same degree or a lesser degree of the
offense charged, for the commission of a lesser-included offense,
or for the commission of another offense that is different from
the offense charged. (I) If a person under eighteen
years of age allegedly
commits an act that would be a felony if committed by
an adult and
if the person is not taken into custody or apprehended for that
act until after the person attains twenty-one years of age, the
juvenile court
does not have jurisdiction to hear or determine any
portion of the case
charging the person with committing that act.
In those circumstances,
divisions (A) and (B) of section 2152.12
of the
Revised Code do not apply regarding the act, and the case
charging the person with committing the act shall be a criminal
prosecution
commenced and heard in the appropriate court having
jurisdiction of the
offense as if the person had been eighteen
years of age or older when the
person committed the act. All
proceedings pertaining to the act shall be
within the jurisdiction
of the court having jurisdiction of the offense, and
that court
has all the authority and
duties
in the case that it has in other
criminal cases in
that court. Sec. 2152.02. As used in this chapter: (A) "Act charged" means the act that is identified in a
complaint,
indictment, or information alleging that a child is a
delinquent child. (B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the
department and admission to a comparable facility outside
this
state by another state or the United States. (C)(1) "Child" means a person who is under eighteen years of
age,
except as otherwise provided in divisions (C)(2) to (6) of
this
section. (2) Subject to division (C)(3) of this section, any person
who
violates a federal or state law or a municipal ordinance prior
to
attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held. (3) Any person who, while under eighteen years of age,
commits an
act that would be a felony if committed by an adult and
who is not taken
into custody or apprehended for that act until
after the person attains
twenty-one years of age is not a child in
relation to that act. (4) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code shall
be deemed
after the transfer not to be a child in the transferred
case. (5) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code and
who
subsequently is convicted of or pleads guilty to a felony in
that case,
and any person who is
adjudicated a delinquent child
for the commission of an act, who has a serious
youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code,
and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code,
shall
be deemed after the transfer or invocation
not to be a child in any case in
which a complaint is filed
against the person. (6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to
attaining eighteen years of age until the person attains
twenty-one
years of age, and, for purposes of that jurisdiction
related to
that adjudication, a person who is so adjudicated a
delinquent
child or juvenile traffic offender shall be deemed a
"child" until
the person attains twenty-one years of age. (D) "Chronic truant" means any child of compulsory school
age who
is absent without legitimate excuse for absence from the
public school the
child is supposed to attend for seven or more
consecutive school days, ten or
more school days in one school
month, or fifteen or more school days in a
school
year. (E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as
in section 5139.01 of the Revised Code. (F) "Delinquent child" includes any of the following: (1) Any child, except a juvenile traffic offender, who
violates
any law of this state or the United States, or any
ordinance
of a
political subdivision of the state, that would be
an offense if committed
by an adult; (2) Any child who violates any lawful order of the court
made
under this chapter or under Chapter 2151. of the Revised
Code
other than an order issued under section 2151.87 of the Revised
Code; (3) Any child who violates division (A) of section 2923.211
of the Revised Code; (4) Any child who is a habitual truant and who previously
has been
adjudicated an unruly child for being a habitual truant; (5) Any child who is a chronic truant. (G) "Discretionary serious youthful
offender" means a person
who is eligible for a discretionary SYO
and who is not transferred
to adult court under a mandatory or
discretionary transfer. (H) "Discretionary SYO" means a case
in which the juvenile
court, in the juvenile court's discretion, may
impose a
serious
youthful offender disposition
under section 2152.13 of the Revised
Code. (I) "Discretionary transfer" means that the juvenile court
has
discretion to transfer a case for criminal prosecution under
division
(B) of section 2152.12 of the Revised Code. (J) "Drug abuse offense," "felony drug abuse offense," and
"minor
drug possession offense" have the same meanings as in
section 2925.01 of
the Revised Code. (K) "Electronic monitoring device," "certified electronic
monitoring device," "electronically monitored house arrest,"
"electronic
monitoring system," and "certified electronic
monitoring system" have the same meanings as in section 2929.23 of
the Revised Code. (L) "Economic loss" means any economic detriment suffered by
a
victim of a delinquent act as a result of the delinquent act and
includes any loss of income due to lost time at work because of
any injury caused to the victim and any property loss, medical
cost, or funeral expense incurred as a result of the delinquent
act. (M) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code. (N) "Juvenile traffic offender" means any child who violates
any
traffic law, traffic ordinance, or traffic regulation of this
state, the
United States, or any political subdivision of this
state,
other than a resolution, ordinance, or regulation of a
political subdivision
of this state the violation of which is
required
to be handled by a parking violations bureau or a joint
parking
violations bureau pursuant to Chapter 4521. of the Revised
Code. (O) A "legitimate excuse for absence from the public school
the
child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code. (P) "Mandatory serious
youthful offender" means a person who
is eligible for a mandatory
SYO and who is not transferred to
adult court
under a mandatory or discretionary transfer. (Q)
"Mandatory SYO" means a case in which the juvenile court
is
required to impose a mandatory serious youthful offender
disposition under
section 2152.13 of
the Revised Code. (R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code. (S) "Mental illness" has the same meaning as in section
5122.01
of the Revised Code. (T) "Mentally retarded person" has the same meaning as in
section
5123.01 of the Revised Code. (U) "Monitored time" and "repeat violent offender" have the
same
meanings as in section 2929.01 of the Revised Code. (V) "Of compulsory school age" has the same meaning as in
section
3321.01 of the Revised Code. (W) "Public record" has the same meaning as in section
149.43 of
the Revised Code. (X) "Serious youthful
offender" means a person who is
eligible for a mandatory SYO or
discretionary SYO but who is not
transferred to adult court under
a mandatory or discretionary
transfer. (Y) "Sexually oriented offense,"
has
"habitual sex
offender," "juvenile sex offender registrant," and "sexual
predator" have the same
meaning
meanings as in
section 2950.01 of
the Revised Code. (Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer,
that is
eligible for
a disposition under
sections
2152.16, 2152.17,
2152.19, and 2152.20 of the Revised Code, and
that is not
eligible
for a disposition under
section 2152.13 of
the Revised
Code. (AA) "Transfer" means the transfer for criminal prosecution
of a
case involving the alleged commission by a child of an act
that
would be an offense if committed by an adult from the
juvenile
court to the appropriate court that has jurisdiction of
the
offense. (BB) "Category one offense" means any of the following: (1) A violation of section 2903.01 or 2903.02 of the Revised
Code; (2) A violation of section 2923.02 of the Revised Code
involving
an attempt to commit aggravated murder or murder. (CC) "Category two offense" means any of the following: (1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02,
2911.01, or 2911.11 of the Revised Code; (2) A violation of section 2903.04 of the Revised Code
that
is a
felony of the first degree; (3) A violation of section 2907.12 of the Revised Code
as it
existed prior to September 3, 1996.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter: (1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child. (2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required; (3) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions: (a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court; (b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition; (c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center; (d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult; (e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment; (f) A period of drug and alcohol use monitoring; (g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court; (h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours; (i) A requirement that the child serve monitored time; (j) A period of house arrest with or without electronic
monitoring; (k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest that does not exceed the
maximum
sentence of imprisonment
that could be imposed upon an
adult who commits the same act. A period of electronically monitored house arrest imposed
under
this division shall not extend beyond the child's
twenty-first birthday. If a
court
imposes a period of
electronically monitored house arrest upon a
child under this
division, it shall require the child: to wear,
otherwise have
attached to the child's person, or otherwise be
subject to
monitoring by a certified electronic monitoring device
or to
participate in the operation of and monitoring by a
certified
electronic monitoring system; to remain in the child's
home or
other specified premises for the entire period of
electronically
monitored house arrest except when the court
permits the child to
leave those premises to go to school or to
other specified
premises; to be monitored by a central system that
can determine
the child's location at designated times; to report
periodically
to a person designated by the court; and to enter
into a written
contract with the court agreeing to comply with all
requirements
imposed by the court, agreeing to pay any fee imposed
by the court
for the costs of the electronically monitored house
arrest, and
agreeing to waive the right to receive credit for any
time served
on electronically monitored house arrest toward the
period of any
other dispositional order imposed upon the child if
the child
violates any of the requirements of the dispositional
order of
electronically monitored house arrest. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
toward any other dispositional
order imposed upon the child for
the act for which was imposed the
dispositional order of
electronically monitored house arrest. (l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child or a suspension
of the
registration of all motor vehicles
registered in the name of the child. A child whose license or
permit is so suspended is ineligible for issuance of a license or
permit during the period of suspension. At the end of the period
of suspension, the child shall not be reissued a license or permit
until the child has paid any applicable reinstatement fee and
complied with all requirements governing license reinstatement. (4) Commit the child to the custody of the
court; (5)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(6)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2) of this section unless the
court
determines that the child violated a lawful court order made
pursuant to
division (C)(1)(e) of section 2151.354 of the
Revised
Code
or division (A)(5) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program; (ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(7) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following: (a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held; (b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations, shall
suspend the child's temporary instruction
permit, restricted
license, probationary driver's license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit: (1) The child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code, with the
suspension
and denial being in accordance with division (E)(1)(a),
(c), (d), or (e) of section 2923.122 of
the Revised Code. (2) The child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code, with the suspension continuing until the child
attends and
satisfactorily completes a drug abuse or alcohol abuse
education,
intervention, or treatment program specified by the
court. During
the time the child is attending the program, the
court shall retain any
temporary instruction permit, probationary
driver's license, or driver's
license issued to the child, and the
court shall return the permit or license
when the child
satisfactorily completes the program. (C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program. (D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child. (2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires. (3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record. The copies of a victim
impact statement that are made
available to the adjudicated delinquent child or the adjudicated
delinquent child's counsel and the
prosecuting attorney pursuant
to this division shall be returned to the
court by the person to
whom they were made available
immediately following the imposition
of an order of disposition for the
child under this chapter. (4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement. (E) If a child is adjudicated a delinquent child for being a
chronic
truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being an habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code.
(F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division. (2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall inform the person, organization, or entity
that it is the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section 5139.13
of the Revised Code and shall encourage the
person, organization,
or entity to provide that treatment. Sec. 2152.191. If a child is adjudicated a delinquent child
for committing a sexually oriented offense, if the child is
fourteen years of age or older at the time of committing the
offense,
and if the child committed the offense on or
after the
effective date of this section, all of the following
apply:
(A) Sections 2152.82 to 2152.85 and Chapter 2950. of the
Revised Code apply to the child
and the adjudication.
(B) In addition to any order of disposition it makes of the
child under this chapter, the court may make any determination,
adjudication, or order authorized under sections 2152.82 to
2152.85 and Chapter 2950. of the
Revised Code and shall make any
determination, adjudication, or
order required under those
sections and that chapter.
Sec. 2152.22. (A)
When a child is committed to the legal
custody
of the department of youth services under this chapter,
the juvenile court
relinquishes control with respect to the child
so committed, except as
provided in
divisions (B), (C), and (G) of
this section
or in sections 2152.82 to 2152.85 of the Revised
Code.
Subject to divisions (B) and (C) of this section,
sections
2151.353 and 2151.412 to 2151.421 of the Revised Code,
sections
2152.82 to 2152.85 of the Revised Code,
and
any
other
provision of
law that specifies a different duration
for a
dispositional order,
all other dispositional orders made by
the
court under
this
chapter shall be
temporary and
shall continue
for
a period that is
designated by the court in its
order, until
terminated or modified
by the court or until
the child attains
twenty-one years of age. The department shall not release the
child from a department
facility and as a result shall not discharge the
child or order
the child's release on supervised release prior to the
expiration
of the period of court control over the child or
prior to the
child's attainment of twenty-one years
of age,
except upon the
order of a court pursuant to division (B) or
(C) of this section
or in accordance with section 5139.54 of the
Revised Code. (B)(1)
The court that commits a delinquent child to the
department may grant judicial release of the child to court
supervision under
this division, during any of the following
periods
that are applicable, provided any commitment imposed under
division
(A), (B), or (C) of section 2152.17 of the Revised Code
has
ended: (a)
If the child was given a disposition
under section
2152.16 of the Revised Code for committing an act that would be a
felony of the
third, fourth, or fifth degree if committed by an
adult, at any time during
the
first ninety days of the period of
court control over the
child; (b)
If the child was given a disposition under
section
2152.13 or 2152.16 of the Revised Code, or both of those sections,
for committing an
act that would be a felony of the first or
second degree if committed by an
adult, at any time during
the
first one hundred eighty days of the period of court control over
the child; (c)
If the child was committed to the department until the
child
attains twenty-one years of age for an act that would be
aggravated murder or
murder if committed by an adult, at any time
during the first half of the
prescribed period of that
commitment
of the child. (2) If the department of youth services desires to release a
child during a period specified in division (B)(1) of this
section, it shall request the court that committed the child to
grant a
judicial release of the child to court supervision.
During
whichever of those
periods is applicable, the child or the
parents
of
the child also may request that court to grant a
judicial
release
of the child to court supervision. Upon receipt
of a
request for
a judicial release to court supervision from the
department, the
child, or the child's parent, or upon its own
motion, the court
that committed the child shall do one of the
following: approve
the release by journal entry; schedule within
thirty days after the request is
received a time for a hearing on
whether the child is to be released; or reject
the request by
journal entry without conducting a hearing.
If the court rejects an initial request for a release under
this
division by the child or the child's parent, the child or the
child's
parent may make one additional request for a judicial
release to
court supervision within the applicable period. The
additional
request may be made no earlier than thirty days after
the filing
of the prior request for a judicial release to court
supervision. Upon the filing of a second request
for a judicial
release to court supervision, the court shall either approve or
disapprove the release
by journal entry or schedule within thirty
days after the request
is received a time for a hearing on whether
the child is to be
released. (3) If a court schedules a hearing under division (B)(2) of
this
section, it may order the department to deliver the child to
the court on
the date set for the hearing and may order the
department
to present to the court a report on the child's
progress in the
institution to which the child was committed and
recommendations for
conditions of supervision of the child by the
court after release. The
court may conduct the hearing without
the child being present.
The court shall determine at the hearing
whether the child should
be granted a judicial release to court
supervision.
If the court approves the release, it shall order its staff
to
prepare a written treatment and rehabilitation plan for the
child that
may include any conditions of the child's release that
were
recommended by the department and approved by the court. The
committing court shall send the juvenile
court of the county in
which the child is placed a copy of the
recommended plan. The
court of the
county in which the child is placed may adopt the
recommended
conditions set by the committing court as an order of
the court
and may add any additional consistent conditions it
considers
appropriate. If a child is granted a judicial release
to court
supervision, the release discharges the child from the
custody of
the department of youth services. (C)(1)
The court that commits a delinquent child to the
department may grant judicial release of the child to department
of youth
services supervision under this division, during any
of
the following periods that are applicable, provided any
commitment
imposed under division (A), (B), or (C)
of section
2152.17 of the
Revised Code has ended: (a)
If the child was given a disposition
under section
2152.16 of the Revised Code for an act that would be a felony of
the third,
fourth, or fifth degree if committed by an adult, at
any time during the
period of court control
over the child,
provided that at least ninety days
of that period have elapsed; (b)
If the child was given a disposition under
section
2152.13 or 2152.16 of the Revised Code, or both of those sections,
for an act that
would be a felony of the
first or second degree if
committed by an adult, at any time during
the period of court
control over the child, provided that at least one
hundred eighty
days of that period have elapsed; (c)
If the child was committed to the department for an act
that
would be aggravated murder or murder if committed by an adult
until the child
attains twenty-one years of age, at any time
during the second half of the
prescribed period of that
commitment
of the child. (2) If the department of youth services desires to release a
child during a period specified in division (C)(1) of this
section, it shall request the court that committed the child to
grant a
judicial release to department of youth services
supervision. During whichever of those periods is applicable, the
child or the child's parent also may request the court that
committed the child to grant a judicial release to department of
youth services supervision. Upon receipt of a request for
judicial release to department of youth services supervision, the
child, or
the child's parent, or upon its own motion at any time
during
that period, the court shall do one of the following:
approve the release by
journal entry; schedule a time within
thirty days after receipt of the request
for a hearing on whether
the child is to be released; or reject
the request by journal
entry without conducting a hearing.
If the court rejects an initial request for release under
this
division by the child or the child's parent, the child or the
child's
parent may make one or more subsequent requests for a
release
within the applicable period, but may make no more than
one request during
each period of ninety
days that the child is in
a secure department facility after the filing of a
prior request
for early
release. Upon the filing of a request for release under
this
division subsequent to an initial request, the court shall
either
approve or disapprove the release by journal entry or
schedule a
time within thirty days after receipt of the request
for a hearing
on whether the child is to be released. (3) If a court schedules a hearing under division (C)(2) of
this
section, it may order the department to deliver the child to
the court on the date set for the hearing and shall order the
department to present to the court at that time a treatment plan
for the child's post-institutional care. The court may conduct
the hearing without the child being present. The court shall
determine at the hearing whether the child should be granted a
judicial release to department of youth services supervision.
If the court approves the judicial release to department of
youth
services supervision, the department shall prepare a written
treatment and rehabilitation plan for the child pursuant to
division
(E) of this section that shall include the conditions of
the child's release. It shall send the committing court and the
juvenile court of the
county in which the child is placed a copy
of the plan. The court of the county in which
the child is placed
may adopt the conditions set by the department
as an order of the
court and may add any additional consistent
conditions it
considers appropriate, provided that the court may
not add any
condition that decreases the level or degree of
supervision
specified by the department in its plan, that
substantially
increases the financial burden of supervision that will be
experienced by the department, or that alters the placement
specified by the
department in its plan. If the court of the
county in which the child is
placed adds to the department's plan
any additional conditions, it
shall enter those additional
conditions in its journal and shall
send to the department a copy
of the journal entry of the
additional conditions. If the court approves the judicial release to department of
youth
services supervision, the actual date on which the
department
shall release the child is contingent upon the
department finding
a suitable placement for the child. If the
child is to be
returned to the child's home, the department shall
return the
child on the date that the court schedules for the
child's release
or shall bear the expense of any additional time
that the child
remains in a department facility. If the child is
unable to
return to the child's home, the department shall
exercise
reasonable diligence in finding a suitable placement for
the
child, and the child shall remain in a department facility
while the
department finds the suitable placement. (D) If a child is released under division (B) or
(C) of this
section and the court of the county in which the child is placed
has reason to
believe that the child's deportment is not in
accordance with the conditions
of the child's judicial release,
the
court of the county in which the child is placed shall
schedule a
time for a hearing to determine whether the child
violated any of
the post-release conditions, and, if the child was
released under
division (C) of this section, divisions (A) to (E)
of section 5139.52 of the Revised Code apply regarding the
child. If that court determines at the hearing that the child
violated
any of the post-release conditions, the court, if it
determines that the
violation was a serious violation, may order
the child to be returned to
the department for
institutionalization, consistent with the
original order of
commitment of the child, or in any case may make
any other
disposition of the child authorized by law that the court
considers proper. If the court of
the county in which the child
is placed orders the child to be returned to a department of youth
services institution, the time during which the child was held in
a secure department facility prior to the child's judicial release
shall be considered as time served in fulfilling the prescribed
period of institutionalization that is applicable to the child
under the child's original order of commitment. If the court
orders the child returned to a department institution, the child
shall remain
in institutional care for a minimum of three months
or until the child
successfully completes a revocation program of
a duration of not less than
thirty days operated either by the
department or by an entity with
which the department has
contracted to provide a revocation
program. (E) The department of youth services, prior to the release
of a
child pursuant to division (C) of this section, shall do all
of
the following: (1) After reviewing the child's rehabilitative progress
history
and medical and educational records, prepare a written
treatment and
rehabilitation plan for the child that includes
conditions of the
release; (2) Completely discuss the conditions of the plan prepared
pursuant to division (E)(1) of this section and the possible
penalties for violation of the plan with the child and the child's
parents, guardian, or legal custodian; (3) Have the plan prepared pursuant to division (E)(1) of
this
section signed by the child, the child's parents, legal
guardian, or custodian, and any authority or person that is to
supervise, control, and provide supportive assistance to the child
at the time of the child's release pursuant to division (C) of
this section; (4) Prior to the child's release, file a copy of the
treatment plan
prepared pursuant to division (E)(1) of this
section with the
committing court and the juvenile court of the
county in which
the child is to be placed. (F) The department of youth services shall file a written
progress report with the committing court regarding each child
released
pursuant to division (C) of this section at least
once
every thirty days unless specifically directed otherwise by the
court.
The report shall
indicate the treatment and rehabilitative
progress of the child and the
child's family, if
applicable, and
shall include any suggestions for altering the
program, custody,
living arrangements, or treatment. The
department shall retain
legal custody of a child so released until
it discharges the child
or until the custody is terminated as
otherwise provided by law. (G)
When a child is committed to the legal custody of the
department of youth services, the court retains jurisdiction to
perform
the functions specified in section 5139.51 of the Revised
Code
with respect to the granting of supervised release by the
release
authority and to perform the functions specified in
section 5139.52 of
the Revised Code with respect to violations of
the
conditions of supervised release granted by the release
authority and to the
revocation of supervised release granted by
the
release authority. Sec. 2152.82. (A) If a child is adjudicated a delinquent
child for committing on or after the effective date of this
section a sexually oriented offense, the juvenile court judge who
adjudicates the child a delinquent child shall issue an order that
classifies the child a juvenile sex offender registrant and
specifies that the child has a duty to register under section
2950.04 of the Revised Code if
the delinquent child was fourteen,
fifteen, sixteen, or seventeen years of
age at the time of
committing the offense, and the delinquent
child previously was
adjudicated a delinquent child for committing
any sexually
oriented offense, regardless of when the prior
offense was
committed and regardless of the delinquent child's age
at the time
of committing the offense.
(B) An order required under division (A)
of this section
shall be issued
at the time the judge makes
the orders of
disposition for the
delinquent child. Prior to issuing the order,
the judge shall
conduct the hearing and make the determinations
required by, and
otherwise comply with, divisions (B) and (E) of
section 2950.09 of
the Revised Code. When a judge issues an order
under division (A) of this section, all of the following apply:
(1) The judge shall include in the order any determination
that the delinquent child is a sexual predator or is a habitual
sex offender that the judge makes pursuant to division (B) or (E)
of section 2950.09 of the Revised Code and any related information
required or authorized under the division under which the
determination is made, including, but not limited to, any
requirement imposed by the court subjecting a child who is a
habitual sex offender to community notification provisions as
described in division (E) of that section.
(2) The judge shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense upon which the order is
based, a hearing will be conducted, and the order and any
determinations included in the order are subject to
modification
or termination
pursuant to sections 2152.84 and 2152.85 of the
Revised Code.
(3) The judge shall provide a copy of the order to the
delinquent child and to the delinquent child's parent, guardian,
or custodian, as part of the notice provided under divisions (A)
and (B) of section 2950.03 of the Revised Code.
(4) The judge shall include the order in the delinquent
child's dispositional order and shall specify in the dispositional
order that the order issued under division (A) of this
section was
made pursuant to this section. (C) An order issued under division (A) of this
section and
any determinations included in the order shall remain in effect
for
the period of time specified in
section 2950.07 of the Revised
Code, subject to a modification or
termination of the order under
section 2152.84 or 2152.85 of the
Revised Code. If an order is
issued under division (A) of
this section, the child's attainment
of eighteen or twenty-one
years of age does not affect or
terminate the order, and the order
remains in effect for the
period of time described in this
division.
Sec. 2152.83. (A) If a child is adjudicated a delinquent
child for committing on or after the effective date of this
section a sexually oriented offense, if the child was sixteen or
seventeen years of age at the time of committing the offense, and
if the juvenile court judge was not required to classify the child
a juvenile sex offender registrant under section 2152.82 of the
Revised Code, upon the child's discharge or release from a secure
facility or at the time of disposition if the judge does not
commit the child to the custody of a secure facility, the juvenile
court judge who adjudicated the child a delinquent child, or that
judge's successor in office, shall issue an order that classifies
the child a juvenile sex offender registrant and specifies that
the child has a duty to register under section 2950.04 of the
Revised Code. Prior to issuing the order, the judge shall conduct
the hearing and make the determinations required by, and otherwise
comply with, divisions (B) and (E) of section 2950.09 of the
Revised Code. When a judge issues an order under division (A) of
this section, the judge shall include in the order any
determination that the delinquent child is a sexual predator or is
a habitual sex offender that the judge makes pursuant to division
(B) or (E) of section 2950.09 of the Revised Code and any related
information required or authorized under the division under which
the determination is made, including, but not limited to, any
requirement imposed by the court subjecting a child who is a
habitual sex offender to community notification provisions as
described in division (E) of that section.
(B) If a child is adjudicated a delinquent child for
committing on or after the effective date of this section a
sexually oriented offense, if the delinquent child was fourteen or
fifteen years of age at the time of committing the offense, and if
the juvenile court judge was not required to classify the child a
juvenile sex offender registrant under section 2152.82 of the
Revised Code, upon the child's discharge or release from a secure
facility or at the time of disposition if the judge does not
commit the child to the custody of a secure facility, the juvenile
court judge who adjudicated the child a delinquent child, or that
judge's successor in office, may, on the judge's own motion,
conduct a hearing to review the effectiveness of the disposition
and of any treatment provided for a child placed in a secure
setting and to determine whether the child should be classified a
juvenile sex offender registrant. The judge may conduct the
hearing on the judge's own initiative or based upon a
recommendation of an officer or employee of the department of
youth services, a probation officer, an employee of the court, or
a prosecutor or law enforcement officer. If the judge conducts
the hearing, upon completion of the hearing, the judge, in the
judge's discretion and after consideration of the factors listed
in division (E) of this section, shall do either of the following:
(1) Decline to issue an order that classifies the child a
juvenile sex offender registrant and specifies that the child has
a duty to register under section 2950.04 of the Revised Code;
(2) Issue an order that classifies the child a juvenile sex
offender registrant and specifies that the child has a duty to
register under section 2950.04 of the Revised Code and, if the
judge determines as described in division (C) of this section that
the child is a sexual predator or a habitual sex offender, include
in the order a statement that the judge has determined that the
child is a sexual predator or a habitual sex offender, whichever
is applicable.
(C) A judge may issue an order under division (B) of this
section that contains a determination that a delinquent child is a
sexual predator only if the judge, in accordance with the
procedures specified in division (B) of section 2950.09 of the
Revised Code, determines at the hearing by clear and convincing
evidence that the child is a sexual predator. A judge may issue
an order under division (B) of this section that contains a
determination that a delinquent child is a habitual sex offender
only if the judge determines at the hearing as described in
division (E) of section 2950.09 of the Revised Code that the child
is a habitual sex offender. If the judge issues an order under
division (B) of this section that contains a determination that a
delinquent child is a habitual sex offender, the judge may impose
a requirement subjecting the child to community notification
provisions as described in division (E) of section 2950.09 of the
Revised Code.
(D) If a judge issues an order under division (A) or (B) of
this section, the judge shall provide to the delinquent child and
to the delinquent child's parent, guardian, or custodian a copy of
the order and a notice containing the information described in
divisions (A) and (B) of section 2950.03 of the Revised Code. The
judge shall provide the notice at the time of the issuance of the
order, shall provide the notice as described in division (B)(1)(c)
of that section, and shall comply with divisions (B)(1), (B)(2),
and (C) of that section regarding that notice.
The judge also shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense upon which the order is
based, a hearing will be conducted and the order is subject to
modification or termination pursuant to section 2152.84 of the
Revised Code.
(E) In making a decision under division (B) of this section
as to whether a delinquent child should be classified a juvenile
sex offender registrant and, if so, whether the child also is a
sexual predator or a habitual sex offender, a judge shall consider
all relevant factors, including, but not limited to, all of the
following:
(1) The nature of the sexually oriented offense committed by
the child;
(2) Whether the child has shown any genuine remorse or
compunction for the offense;
(3) The public interest and safety;
(4) The factors set forth in division (B)(3) of section
2950.09 of the Revised Code;
(5) The factors set forth in divisions (B) and (C) of
section 2929.12 of the Revised Code as those factors apply
regarding the delinquent child, the offense, and the victim;
(6) The results of any treatment provided to the child and
of any follow-up professional assessment of the child.
(F) An order issued under division (A) or (B) of this
section shall remain in effect for the period of time specified in
section 2950.07 of the Revised Code, subject to a modification or
termination of the order under section 2152.84 of the Revised
Code. The child's attainment of eighteen or twenty-one years of
age does not affect or terminate the order, and the order remains
in effect for the period of time described in this division.
(G) As used in the section, "secure facility" has the same
meaning as in section 2950.01 of the Revised Code.
Sec. 2152.84.
(A)(1) When a juvenile court judge issues an
order under section 2152.82 or division (A) or (B) of section
2152.83 of the Revised
Code that classifies a delinquent child a
juvenile sex offender
registrant and specifies that the child has
a duty to register
under section 2950.04 of the Revised Code, upon
completion of the
disposition of that delinquent child that the
judge made for the
sexually oriented offense on which the juvenile
sex offender
registrant order was based, the judge or the judge's
successor in
office shall conduct a hearing to do all of the
following: (a) Review the effectiveness of the disposition and of any
treatment provided for the child;
(b) If the order also contains a determination that the
delinquent child is a sexual predator or habitual sex offender that the court made pursuant
to division (B) or (E) of section
2950.09 of the Revised Code, determine
whether the classification
of the child as a sexual predator, habitual sex offender, or
juvenile sex offender registrant should be continued or modified
or,
regarding an order issued under division (B) of section
2152.83
of the Revised Code, terminated; (c) If the order was issued under division (B) of section
2152.83 of the Revised Code and does not contain a sexual
predator
determination that the court
makes as
described in division
(A)(1)(b) of this section,
determine whether
the classification of
the child as a juvenile
sex offender
registrant should be
continued, modified, or
terminated.
(2) Upon completion of a hearing under division (A)(1) of
this section, the judge, in the judge's discretion and after
consideration of the factors listed in division (E) of this
section, shall do one of the following, as applicable:
(a) Enter an order that continues the classification of the
delinquent child made in the order issued under section 2152.82 or
division (A) or
(B) of section 2152.83 of the Revised Code, and
any sexual
predator or habitual sex offender determination
included in the
order;
(b) If the order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and includes a
determination by the
judge that the delinquent child is a sexual
predator, enter an
order that contains a determination that the
delinquent child no
longer is a sexual predator and that also
contains either a
determination that the delinquent child is a
habitual sex offender
or a determination that the delinquent child
remains a juvenile
sex offender registrant but is not a sexual
predator or habitual
sex offender; (c) If the order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and does not
include a sexual
predator
determination as described in division
(A)(2)(b) of this
section
but includes a determination by the
judge that the
delinquent
child is a habitual sex offender, enter
an order that
contains a
determination that the delinquent child
no longer is a
habitual
sex offender and that also contains a
determination that
the
delinquent child remains a juvenile sex
offender registrant
but is
not a habitual sex offender;
(d) If the order was issued under division (B) of section
2152.83 of the Revised Code and includes a determination by the
judge that the delinquent child is a sexual predator, enter an
order that contains a determination that the delinquent child no
longer is a sexual predator and that also contains a determination
that the delinquent child is a habitual sex offender, a
determination that the delinquent child remains a juvenile sex
offender registrant but is not a sexual predator or habitual sex
offender, or a determination that specifies that the delinquent
child no longer is a juvenile sex offender registrant and no
longer has a duty to register under section 2950.04 of the Revised
Code; (e) If the order was issued under division (B) of section
2152.83 of the Revised Code and does not include a sexual
predator
determination as described in division (A)(2)(d) of this
section
but includes a determination by the judge that the
delinquent
child is a habitual sex offender, enter an order that
contains a
determination that the child no longer is a habitual
sex offender
and that also contains either a determination that
the child
remains a juvenile sex offender registrant but is not a
sexual
predator or habitual sex offender or a determination that
specifies that the child no longer is a juvenile sex offender
registrant and no longer has a duty to register under section
2950.04 of the Revised Code;
(f) If the order was issued under division (B) of section
2152.83 of the Revised Code and the order does not include a
sexual
predator determination or a habitual sex offender
determination as
described in divisions (A)(2)(d) and (e) of this
section, enter an order
that contains a
determination that the
delinquent child no longer
is a juvenile
sex offender registrant
and no longer has a duty to
register under
section 2950.04 of the
Revised Code. (B) If a judge issues an order under division (A)(2)(a) of
this section that continues the prior classification of the
delinquent child as a juvenile sex offender registrant and any
sexual predator or habitual sex offender determination included in
the order, the prior classification and the prior determination,
if applicable, shall remain in effect.
A judge may issue an order under division (A)(2) of this
section that contains a determination that a child no longer is a
sexual predator only if the judge, in accordance with the
procedures specified in division (D)(1) of section 2950.09 of the
Revised Code, determines at the hearing by clear and convincing
evidence that the delinquent child is unlikely to commit a
sexually oriented offense in the future. If the judge issues an
order of that type, the judge shall provide the notifications
described in division (D)(1) of section 2950.09 of the Revised
Code, and the recipient of the notification shall comply with the
provisions of that division. (C) If a judge issues an order under any provision of
division (A)(2) of this section, the judge shall provide
to the
delinquent child and to the delinquent child's parent,
guardian,
or custodian a copy of the order and a notice containing
the
information described in divisions (A) and
(B) of section 2950.03
of the Revised Code. The judge shall
provide the notice at the
time of the issuance of the order, shall
provide the notice as
described in division (B)(1)(c) of that
section, and shall comply
with divisions (B)(1), (B)(2),
and (C)
of that section regarding
that notice. (D) In making a decision under division (A) of this section,
a judge shall consider all
relevant factors, including,
but not
limited to,
the factors listed in division (E) of section 2152.83
of
the Revised Code. (E) An order issued under division (A)(2) of this
section
and any determinations included in the order shall remain in
effect for the period of time specified in
section 2950.07 of the
Revised Code, subject to a modification or
termination of the
order under section 2152.85 of the Revised
Code. If an order is
issued under division (A)(2) of
this section, the child's
attainment of eighteen or twenty-one
years of age does not affect
or terminate the order, and the order
remains in effect for the
period of time described in this
division. Sec. 2152.85. (A) Upon the expiration of the applicable
period of time specified in division (B)(1) or (2) of this
section, a delinquent child who has been classified pursuant to
this section or section 2152.82
or 2152.83 of
the Revised Code a
juvenile sex
offender
registrant may
petition
the judge who made
the classification, or that judge's
successor
in office, to do one
of the following: (1) If the order containing the juvenile sex offender
registrant classification also includes a determination by the
juvenile court judge that the delinquent child is a sexual
predator relative to the sexually oriented offense in the manner
described in
section 2152.82 or 2152.83 of the Revised Code and
that
determination remains in effect, to enter an order that
contains a
determination that the child no longer is a sexual
predator and
that also contains either a determination that the
child is a
habitual sex offender or a determination that the child
remains a
juvenile sex offender registrant but is not a sexual
predator or
habitual sex offender; (2) If the order containing the juvenile sex offender
registrant classification under section 2152.82 or 2152.83 of the
Revised Code or under division (C)(2) of this section pursuant to
a petition filed under division (A) of this section does not
include a sexual predator
determination as described in division
(A)(1) of this section but
includes a determination by the
juvenile court judge that the
delinquent child is a habitual sex
offender relative to the sexually oriented
offense in the manner
described in section 2152.82 or 2152.83 of
the Revised Code, or in
this section, and that determination
remains in effect, to enter
an order that contains a determination
that the child no longer is
a habitual sex offender and that also
contains either a
determination that the child remains a juvenile
sex
offender
registrant or a determination that the child no longer is a
juvenile sex offender registrant and no longer has a duty to
register under section 2950.04 of the Revised Code; (3) If the order containing the juvenile sex offender
registrant classification under section 2152.82 or 2152.83 of the
Revised Code or under division (C)(2) of this section pursuant to
a petition filed under division (A) of this section does not
include a sexual predator or
habitual sex offender determination
as described in division
(A)(1) or (2) of this section, to enter
an order that contains a
determination that the child no longer is
a juvenile sex offender
registrant and no longer has a duty to
register under section
2950.04 of the Revised Code. (B) A delinquent child who has been adjudicated a delinquent
child for committing on or after the effective date of this
section a sexually oriented offense and who has been classified
a
juvenile sex offender registrant relative to that sexually
oriented offense may file a petition under
division (A) of this
section requesting reclassification or
declassification as
described in that division after the
expiration of one of the
following periods of time: (1) The delinquent child initially may file a petition not
earlier than three years after the entry of the juvenile court
judge's order after the mandatory hearing conducted under section
2152.84 of the Revised Code. (2) After the delinquent child's initial filing of a
petition under division (B)(1) of this section, the child may file
a second petition not earlier than three years after the judge has
entered an order deciding the petition under division (B)(1) of
this section. (3) After the delinquent child's filing of a petition under
division (B)(2) of this section, thereafter, the delinquent child
may file a petition under this division upon the expiration of
five years after the judge has entered an order deciding the
petition under division (B)(2) of this section or the most recent
petition the delinquent child has filed under this division. (C) Upon the filing of a petition under divisions (A) and
(B) of this section, the judge may review the prior classification
or determination in question and, upon consideration of all
relevant factors and information, including, but not limited to
the factors listed in division (E) of section 2152.83 of the
Revised Code, the judge, in the judge's discretion, shall do one
of the following: (1) Enter an order denying the petition; (2) Issue an order that reclassifies or declassifies the
delinquent child, in the requested manner specified in division
(A)(1), (2), or (3) of this section.
(D) If a judge issues an order under division (C) of this
section that denies a petition, the prior classification of the
delinquent child as a juvenile sex offender registrant, and the
prior determination that the child is a sexual predator or
habitual sex offender, if applicable, shall remain in effect. A judge may issue an order under division (C) of this section
that contains a determination that a child no longer is a sexual
predator only if the judge conducts a hearing and, in accordance
with the procedures specified in division (D)(1) of section
2950.09 of the Revised Code, determines at the hearing by clear
and convincing evidence that the delinquent child is unlikely to
commit a sexually oriented offense in the future. If the judge
issues an order of that type, the judge shall provide the
notifications described in division (D)(1) of section 2950.09 of
the Revised Code, and the recipient of the notification shall
comply with the provisions of that division. A judge may issue an order under division (C) of this section
that contains a determination that a delinquent child is a
habitual sex offender only if the judge conducts a hearing and
determines at the hearing as described in division (E) of section
2950.09 of the Revised Code that the child is a habitual sex
offender. If the judge issues an order that contains a
determination that a delinquent child is a habitual sex offender,
the judge may impose a requirement subjecting the child to
community notification provisions as described in that division. (E) If a judge issues an order under division (C) of this
section, the judge shall provide to the delinquent child and to
the delinquent child's parent, guardian, or custodian a copy of
the order and a notice containing the information described in
divisions (A) and (B) of section 2950.03 of
the Revised Code. The
judge shall provide the notice at the time
of the issuance of the
order, shall provide the notice as
described
in division (B)(1)(c)
of section 2950.03 of the Revised
Code, and
shall comply with
divisions (B)(1), (B)(2), and (C) of
that section regarding that
notice. (F) An order issued under division (C) of this section shall
remain in effect for the period of time specified in section
2950.07 of the Revised Code, subject to a further modification or
a termination of the order under this section. If an order is
issued under division (C) of this section, the child's attainment
of eighteen or twenty-one years of age does not affect or
terminate the order, and the order remains in effect for the
period of time described in this division.
Sec. 2919.24. (A) No person shall do
either
any of the
following: (1) Aid, abet, induce, cause, encourage, or contribute to
a
child or a ward of the juvenile court becoming an unruly child,
as
defined in section 2151.022 of the Revised Code, or a
delinquent
child, as defined in section 2151.02 of the Revised
Code; (2) Act in a way tending to cause a child or a ward of the
juvenile court to become an unruly child, as defined in section
2151.022 of the Revised Code, or a delinquent child, as defined
in
section 2151.02 of the Revised Code;
(3) If the person is the parent, guardian, or custodian of
a child who has the duties under Chapters 2152. and 2950. of the
Revised Code
to register, to register a new residence address, and
to
periodically verify a residence address and if the child is not
emancipated, as defined in section 2919.121 of the Revised Code,
fail to ensure that the child complies with those duties under
Chapters 2152. and 2950. of the Revised Code. (B) Whoever violates this section is guilty of
contributing
to the unruliness or delinquency of a child, a
misdemeanor of the
first degree. Each day of violation of this
section is a separate
offense.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
of the Revised Code.
(B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
who
to whom both
of the following apply: (1) The person is convicted of or pleads guilty to a
sexually oriented offense
and who, or the person is adjudicated a
delinquent
child for committing on or after the effective date of
this amendment a sexually oriented offense, was fourteen years of
age or older at the time of committing the offense, and is
classified a juvenile sex offender registrant based on
that
adjudication. (2) The person previously has been convicted of or pleaded
guilty to one or more sexually oriented offenses
or, regarding a
delinquent child, previously has
been adjudicated a delinquent
child for committing one or more
sexually oriented offenses. (C) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(D) "Sexually oriented offense" means any
of the following: (1) Subject to division (D)(2) of this section, any of the
following
violations or offenses: (1)(a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, or 2907.05 of the Revised
Code;
(2)(b) Any of the following offenses involving a minor, in
the
circumstances specified:
(a)(i) A violation of section 2905.01, 2905.02, 2905.03,
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim
of the offense is under eighteen years of age;
(b)(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(c)(iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code;
(d)(iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code;
(e)(v) A violation of division (B)(5) of section 2919.22 of
the
Revised Code when the child who is involved in the offense is
under eighteen years of age.
(3)(c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a purpose to gratify the sexual needs
or desires of the offender;
(4)(d) A sexually violent offense;
(5)(e) A violation of any former law of this state that was
substantially equivalent to any offense listed in division
(D)(1)(a),
(2), (3)(b), (c), or
(4)(d) of this section;
(6)(f) A violation of an existing or former municipal
ordinance
or law of another state or the United States, a
violation under
the law applicable in a military court, or a
violation under the
law applicable in an Indian tribal court that
is or was
substantially equivalent to any offense listed in
division (D)(1)(a),
(2), (3)(b), (c), or
(4)(d) of this section;
(7)(g) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(2), (3), (4), (5)(b), (c), (d), (e), or
(6)(f) of this section.
(2) An act committed by a person under eighteen years of age
that is
any of the following:
(a) Except for the violations specifically described in
divisions (D)(2)(b) and (c) of this section and subject to
division (D)(2)(d) of this section, any violation listed in
division (D)(1) of this section that, if committed by an adult,
would be a felony of the first, second, third, or fourth degree;
(b) Subject to division (A)(2)(d) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
purpose to gratify the sexual needs or desires of the child committing the violation;
(c) Subject to division (A)(2)(d) of this section, a
violation of division (A)(1) or (3) of section 2907.321, division
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of
section 2907.323 of the Revised Code, or an attempt to violate any
of those divisions, if the person who violates or attempts to
violate the division is four or more years older than the minor
who is the victim of the offense;
(d) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (D)(1)(a), (b), (c), (d), (e),
(f), or (g) of this section or would be any offense listed in any
of those divisions if committed by an adult. (E) "Sexual predator" means a person
who
to whom either of
the following applies: (1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense and is likely to engage
in
the future in one or more sexually oriented offenses. (2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense, was fourteen years of age
or older at
the time of committing the offense, was classified a
juvenile sex
offender registrant based on that adjudication, and
is
likely to engage in the future in one or more sexually oriented
offenses. (F) "Supervised release" means a release
of an offender from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or
probation, under transitional control, or under a post-release
control sanction, and it requires the person to report to or be
supervised by a parole officer, probation officer, field officer,
or another type of supervising officer.
(2) The release is any type of release that is not described
in division (F)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer. (G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
if any of the following applies
and if that
status has not been removed pursuant to section 2152.84, 2152.85,
or 2950.09 of the Revised Code: (1) The offender is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is a sexually violent offense and also is convicted
of or pleads guilty to a sexually violent predator specification
that was included in the indictment, count in the indictment, or
information that charged the sexually violent offense. (2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.09 of the
Revised Code that the offender is a sexual predator. (3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has been
classified a juvenile sex offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to division (B) of section 2152.83, section 2152.84,
or section 2152.85
of the
Revised
Code that the
delinquent child
is a
sexual
predator.
(4) Prior to January 1, 1997, the offender was convicted
of
or pleaded guilty to, and was sentenced for, a sexually
oriented
offense, the offender is imprisoned in a state
correctional
institution on or after January 1, 1997, and the
court determines
pursuant to division (C) of section 2950.09 of
the Revised Code
that the offender is a sexual predator. (4)(5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
or
has been convicted of or pleaded guilty to,
or is adjudicated a
delinquent child for committing a sexually
oriented offense in
another state or in a federal court, military
court, or an Indian
tribal court, as a result of that conviction
or, plea of guilty,
or adjudication, the offender
or delinquent
child is required,
under the law of the jurisdiction in which the
offender was
convicted or pleaded guilty
or the delinquent child
was
adjudicated, to register as a sex offender until the
offender's
or
delinquent child's death and to verify the
offender's
or
delinquent child's address on at least a quarterly
basis each
year, and, on or after July 1, 1997,
for offenders or
the effective date of this amendment for delinquent children the
offender
or
delinquent
child moves to and resides in this state or
temporarily
is
domiciled in this state for more than seven days,
unless a
court
of common pleas
or juvenile court determines that
the offender
or delinquent
child
is not a sexual predator pursuant
to division (F) of section
2950.09 of the Revised Code.
(H) "Sexually violent predator specification" and "sexually
violent offense" have the same meanings as in section 2971.01 of
the Revised Code.
(I) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(J) "Juvenile sex offender registrant" means a person who is
adjudicated a delinquent child for committing on or after the
effective date of this amendment a sexually oriented offense, who
is fourteen years of age or older at the time of committing the
offense, and who a juvenile court judge, pursuant to an order
issued under section 2152.82,
2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies as a
juvenile sex offender registrant and
specifies has a duty to
register under section 2950.04 of the
Revised Code. (K) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
locked and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(L) "Out-of-state juvenile sex offender registrant" means a
person who is adjudicated a delinquent child for committing a
sexually oriented offense in another state or in a federal court,
military court, or Indian tribal court, who on or after the
effective date of this amendment moves to and resides in this
state or temporarily is domiciled in this state for more than
seven days, and who under section 2950.04 of the Revised Code has
a duty to register in this state as described in that section. (M) "Juvenile court judge" includes a magistrate to whom the juvenile court judge confers duties pursuant to division (A)(15) of section 2151.23 of the Revised Code. Sec. 2950.02. (A) The general assembly
hereby determines
and declares that it recognizes and finds all of the
following: (1) If the public is provided adequate notice and
information about
sexual predators, habitual sex offenders, and
certain
other offenders
and delinquent children who
commit
sexually oriented offenses, members of the public
and
communities
can
develop constructive plans to prepare themselves
and their
children for the
sexual predator's, habitual sex
offender's, or
other offender's
or
delinquent child's
release from
imprisonment,
a prison term, or other
confinement
or detention.
This allows
members of the public and
communities to meet with
members of law
enforcement agencies to prepare and obtain
information about
the
rights and responsibilities of the public
and the communities and
to
provide education and counseling to
their children. (2) Sexual predators and habitual sex offenders
pose a high
risk of engaging in further offenses even after being released
from imprisonment, a prison term, or other confinement
or
detention and
that protection of
members of the public from sexual
predators and habitual sex offenders is a
paramount governmental
interest. (3) The penal,
juvenile, and mental health components of
the
justice system of
this state are largely hidden from public view,
and a lack of information
from
either
any component may result in
the failure of
both
systems
the system to satisfy
this paramount
governmental interest of public safety described in division
(A)(2) of this section. (4) Overly restrictive confidentiality and liability laws
governing
the release of information about sexual predators and
habitual sex
offenders have reduced the willingness to release
information that could be
appropriately released under the public
disclosure laws and have
increased risks of public safety. (5) A person who is found to be a sexual predator or a
habitual sex offender has a reduced expectation of privacy because
of the public's interest in public safety and in the effective
operation of
government. (6) The release of information about sexual predators and
habitual sex offenders to public agencies and the general public
will further the governmental interests of public safety and
public scrutiny
of the criminal,
juvenile, and mental health
systems as
long as the information released
is rationally related
to the furtherance of those goals. (B) The general assembly hereby
declares that, in providing
in this chapter for registration regarding
sexual predators,
habitual sex offenders, and offenders
and certain
delinquent
children who
have
committed sexually oriented offenses and for
community
notification regarding
sexual predators
and habitual sex
offenders
who are about to be or have been released from
imprisonment, a
prison term, or other confinement
or detention and
who
will live
in
or near
a particular neighborhood or who
otherwise will live in
or near a particular
neighborhood, it is
the general assembly's
intent to protect the safety and
general
welfare of the people of
this state. The general assembly further
declares that it is the
policy of this state to require the
exchange in
accordance with
this chapter of relevant information
about sexual predators
and
habitual sex offenders among public
agencies and
officials and to
authorize the release in accordance
with this chapter of
necessary
and relevant information about
sexual predators and
habitual sex
offenders to members of the
general public as a means of
assuring
public protection and that
the exchange or release of that
information is not punitive.
Sec. 2950.03. (A) Each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a
sexually oriented
offense and who has a duty to register pursuant
to section 2950.04
of the Revised Code, and each person who is
adjudicated a delinquent child for
committing a
sexually oriented
offense and who is classified pursuant to section 2152.82 or
division (A) of section 2152.83
of the Revised Code a juvenile
sex
offender registrant based on
that adjudication, shall be
provided
notice in accordance with
this section of the offender's
or
delinquent child's duty to
register under
that section
2950.04
of
the Revised Code, the offender's
or delinquent child's
duty to
provide notice of any change in the offender's
or
delinquent
child's residence address and to register the new
residence
address pursuant to section 2950.05 of the Revised Code,
and the
offender's
or delinquent child's duty to periodically
verify the
offender's
or delinquent child's residence address
pursuant to
section 2950.06 of the Revised Code. The following
official shall
provide the notice to the offender
or delinquent
child at the
following time:
(1) Regardless of when the offender committed the sexually
oriented offense, if the
person is an offender
who is sentenced
for the sexually
oriented offense to a prison term, a term of
imprisonment, or any
other type of confinement, and if, on or
after January 1, 1997,
the offender is serving that term or is
under that confinement,
the official in charge of the jail,
workhouse, state correctional
institution, or other institution in
which the offender serves the
prison term, term of imprisonment,
or confinement, or a designee
of that official, shall provide the
notice to the offender before
the offender is released pursuant to
any type of supervised
release or before the offender otherwise is
released from the
prison term, term of imprisonment, or
confinement.
(2) Regardless of when the offender committed the sexually
oriented offense, if the
person is an offender
who is sentenced
for
that
the sexually oriented offense on
or after January 1,
1997, and if division (A)(1) of this section
does not apply, the
judge shall provide the notice to the offender
at the time of
sentencing.
(3) If the
person is an offender
who committed the sexually
oriented offense
prior to January 1, 1997, if neither division
(A)(1) nor division
(A)(2) of this section applies, and if,
immediately prior to
January 1, 1997, the offender was a habitual
sex offender who was
required to register under Chapter 2950. of
the Revised Code, the
chief of police or sheriff with whom the
offender most recently
registered under that chapter, in the
circumstances described in
this division, shall provide the notice
to the offender. If the
offender has registered with a chief of
police or sheriff under
Chapter 2950. of the Revised Code as it
existed prior to January
1, 1997, the chief of police or sheriff
with whom the offender
most recently registered shall provide the
notice to the offender
as soon as possible after January 1, 1997,
as described in
division (B)(1) of this section. If the offender
has not
registered with a chief of police or sheriff under that
chapter,
the failure to register shall constitute a waiver by the
offender
of any right to notice under this section. If an
offender
described in this division does not receive notice under
this
section, the offender is not relieved of the duty to
register, the
duty to provide notice of any change in residence
address and to
register the new residence address, and the duty to
periodically
verify the residence address, as described in
division (A) of this
section. (4) If the
offender
person is an offender of the type
described in
division (A)(1) of this section and if, subsequent to
release, the
offender is adjudicated as being a sexual predator
pursuant to
division (C) of section 2950.09 of the Revised Code,
the judge
shall provide the notice to the offender at the time of
adjudication. (5) If the person is a delinquent child who is classified
pursuant to
section 2152.82 or division (A) of section 2152.83 of
the Revised Code a
juvenile sex offender
registrant, the judge
shall
provide the
notice to the delinquent child at the time of
the classification. (B)(1) The notice provided under division (A) of this
section shall inform the offender
or delinquent child of the
offender's duty to register under section 2950.04 of the Revised
Code, to notify the appropriate officials of a change in the
offender's
or delinquent child's residence address and to register
the new residence address in accordance with section 2950.05 of
the Revised Code, and to periodically verify a residence address
under section 2950.06 of the Revised Code. The notice shall
comport with the following:
(a) If the notice is provided
to an offender under division
(A)(3) of this
section, the notice shall be on a form that is
prescribed by the
bureau of criminal identification and
investigation and that
states the offender's duties to register,
to register a new
residence address, and to periodically verify a
residence address
and that, if the offender has any questions
concerning these
duties, the offender may contact the chief of
police or sheriff
who sent the form for an explanation of the
duties. If the
offender appears in person before the chief of
police or sheriff,
the chief or sheriff shall provide the notice
as described in
division (B)(1)(a) of this section, and all
provisions of this
section that apply regarding a notice provided
by an official,
official's designee, or judge in that manner shall
be applicable. (b) If the notice is provided
to an offender under division
(A)(1), (2), or
(4) of this section, the official, official's
designee, or judge
shall require the offender to read and sign a
form prescribed by
the bureau of criminal identification and
investigation, stating
that the offender's duties to register, to
register a new
residence address, and to periodically verify a
residence address
have been explained to the offender. If the
offender is unable to
read, the official, official's designee, or
judge shall certify on
the form that the official, designee, or
judge specifically
informed the offender of those duties and that
the offender
indicated an understanding of those duties. (c)
If the notice is provided
to a delinquent child under
division
(A)(5) of this
section, the
judge shall require the
delinquent child and the
delinquent child's parent,
guardian, or
custodian to read and sign
a form prescribed by the
bureau of
criminal identification and
investigation, stating
that the
delinquent child's duties to
register, to register a new
residence
address, and to periodically
verify a residence
address have been
explained to the delinquent
child and to the delinquent child's
parent, guardian, or custodian.
If the delinquent child or the
delinquent child's parent,
guardian, or custodian is unable to
read, the
judge shall certify
on the form that the judge
specifically
informed the delinquent
child or the delinquent
child's parent, guardian, or
custodian of
those duties and that
the delinquent child or the
delinquent
child's parent, guardian,
or custodian indicated an
understanding
of those duties. (d) For any notice provided under division (A) of this
section, the form used shall contain all of the information
required by the bureau of criminal identification and
investigation, including, but not limited to,
a statement that the
subject delinquent child if applicable has been classified by the
adjudicating juvenile court judge or the judge's successor in
office a juvenile sex offender
registrant and has a duty to
register, a statement as to
whether
the offender
or delinquent
child has been adjudicated as
being a
sexual predator relative to
the sexually oriented offense
in
question, a statement as to
whether the offender
or delinquent
child has been determined to be
a habitual sex offender, an
explanation of the periodic residence
address verification process
and of the frequency with which the
offender
or delinquent child
will be required to verify the
residence address under that
process, and a statement that the
offender
or delinquent child
must verify the residence address at
the times specified under
that process or face criminal
prosecution
or a delinquent child
proceeding.
(d)(e) If the notice is provided under division (A)(4) of
this section,
in addition to all other information contained on
it, the form also shall include a statement that the
notice
replaces any notice previously provided to the offender
under
division (A)(1) of this section, a statement that the
offender's
duties described in this notice supersede the duties
described in
the prior notice, and a statement notifying the
offender that, if
the offender already has registered under
section 2950.04 of the
Revised Code, the offender must register
again pursuant to
division (A)(6) of that section.
(f) If the notice is provided under division (A)(5) of this
section, the form, in addition to all other information contained
on it, shall inform the delinquent child and the delinquent
child's parent, guardian, or custodian that, if the delinquent
child fails to comply with the requirements of sections 2950.04,
2950.05, and 2950.06 of the Revised Code, both of the following
apply:
(i) If the delinquent child's failure occurs while the child
is under eighteen years of age, the child is subject to
proceedings under Chapter 2152. of the Revised Code based on the
failure, but if the failure occurs while the child is eighteen
years of age or older, the child is subject to criminal
prosecution based on the failure.
(ii) If the delinquent child's failure occurs while the
child is under eighteen years of age, unless the child is
emancipated, as defined in section 2919.121 of the Revised Code,
the failure of the parent, guardian, or custodian to ensure that
the child complies with those requirements is a violation of
section 2919.24 of the Revised Code and may result in the
prosecution of the parent, guardian, or custodian for that
violation.
(2)(a) After an offender described in division (A)(1), (2),
or (4) of this section has signed the form described in division
(B)(1) of this section or the official, official's designee, or
judge has certified on
it
the form that
it
the form has been
explained to the offender and that the offender indicated an
understanding of the duties indicated on it, the official,
official's designee, or judge shall give one copy of the form to
the offender, within three days shall send one copy of the form to
the bureau of criminal identification and investigation in
accordance with the procedures adopted pursuant to section 2950.13
of the Revised Code, and shall send one copy of the form to the
sheriff of the county in which the offender expects to reside.
After (b) After a chief of police or sheriff has sent a form to an
offender under division (A)(3) of this section, the chief or
sheriff shall send a copy of the form to the bureau of criminal
identification and investigation in accordance with the procedures
adopted pursuant to section 2950.13 of the Revised Code. (c) After a delinquent child described in division
(A)(5) of
this section and the
delinquent child's parent, guardian, or
custodian have signed the form
described in division (B)(1) of
this section or the judge has certified on the form that the
form
has been explained to the delinquent child or the delinquent
child's
parent, guardian, or custodian and that the delinquent
child or the
delinquent child's parent, guardian, or custodian
indicated an
understanding of the duties and information indicated
on the form,
the judge
shall give a copy of the form to both the
delinquent
child and to the
delinquent child's parent, guardian,
or
custodian, within three days
shall send one copy of the form to
the bureau of criminal
identification and investigation in
accordance with the
procedures adopted pursuant to section 2950.13
of the
Revised
Code, and shall send one copy
of the form to the
sheriff of the county in which the delinquent child
expects to
reside. (C) The official, official's designee, judge, chief of
police, or sheriff who is required to provide notice to an
offender
or delinquent child under division (A) of this section
shall do all of the following:
(1) If the notice is provided under division (A)(1), (2),
or
(4), or (5) of this section, the official, designee, or judge
shall determine the offender's
or delinquent child's name,
identifying factors, and expected future residence address, shall
obtain the offender's
or delinquent child's criminal
and
delinquency history, and shall obtain a photograph and the
fingerprints of the offender
or delinquent child. If the notice
is provided by a judge under division (A)(2)
or, (4), or (5) of
this section, the sheriff shall provide the offender's
or
delinquent child's criminal
and delinquency history to the judge.
The official, official's designee, or judge shall obtain this
information and these items prior to giving the notice, except
that a judge may give the notice prior to obtaining the offender's
or delinquent child's criminal
and delinquency history. Within
three days after receiving this information and these items, the
official, official's designee, or judge shall forward the
information and items to the bureau of criminal identification and
investigation in accordance with the forwarding procedures adopted
pursuant to section 2950.13 of the Revised Code and to the sheriff
of the county in which the offender
or delinquent child expects to
reside.
If the notice is provided under division (A)(5) of this
section
and if the delinquent child has been committed to the
department
of youth services or to a secure facility, the judge,
in addition
to the other information and items described in this
division,
also shall forward to the bureau and to the sheriff
notification
that the child has been so committed. If it has
not
already done so, the bureau of criminal identification and
investigation shall forward a copy of the fingerprints and
conviction data received under this division to the federal bureau
of investigation.
(2) If the notice is provided under division (A)(3) of this
section, the chief of police or sheriff shall determine the
offender's name, identifying factors, and residence address, shall
obtain the offender's criminal history from the bureau of criminal
identification and investigation, and, to the extent possible,
shall obtain a photograph and the fingerprints of the offender.
Within three days after receiving this information and these
items, the chief or sheriff shall forward the information and
items to the bureau of criminal identification and investigation
in accordance with the forwarding procedures adopted pursuant to
section 2950.13 of the Revised Code and, in relation to a chief of
police, to the sheriff of the county in which the offender
resides. If it has not already done so, the bureau of criminal
identification and investigation shall forward a copy of the
fingerprints and conviction data so received to the federal bureau
of investigation.
Sec. 2950.04. (A)(1) Each
of the following types of offender
who is convicted of or
pleads guilty to, or has been convicted of
or pleaded guilty to, a
sexually oriented offense
and who is
described in division
(A)(1),
(2), or
(3) of this section shall
register
personally with
the sheriff of the
following applicable
described
county
and at
the following time
within seven days of
the offender's coming into a county in which the offender resides
or temporarily is domiciled for more than seven days: (1)(a) Regardless of when the sexually oriented offense was
committed,
if the
an offender
who is sentenced for the sexually
oriented
offense to a prison term, a term of imprisonment, or any
other
type of confinement and
if, on or after July 1, 1997,
the
offender
is released in any manner from the prison term, term of
imprisonment, or confinement, within seven days of the offender's
coming into any county in which the offender resides or
temporarily is domiciled for more than seven days, the offender
shall register with the sheriff of that county.;
(2)(b) Regardless of when the sexually oriented offense was
committed,
if the
an offender
who is sentenced for a sexually
oriented
offense on or after July 1, 1997, and
if
to whom division
(A)(1)(a) of
this section does not apply, within seven days of the
offender's
coming into any county in which the offender resides or
temporarily is domiciled for more than seven days, the offender
shall register with the sheriff of that county.;
(3)(c) If the sexually oriented offense was committed prior
to July 1, 1997,
if
and neither division (A)(1)(a) nor division
(A)(2)(1)(b) of this section applies,
and if
an offender who,
immediately prior to
July 1, 1997,
the offender was a habitual sex
offender who was
required to register under Chapter 2950. of the
Revised Code,
within seven days of the offender's coming into any
county in
which the offender resides or temporarily is domiciled
for more
than seven days, the offender shall register with the
sheriff of
that county.
(2)
Each child who is adjudicated a delinquent
child
for
committing
a sexually oriented offense, who is
classified a
juvenile sex offender
registrant
based on that adjudication, and
who
is described in
division
(A)(2) of this section shall
register
personally with the sheriff of the county within seven days of the
delinquent child's coming into a county in which the delinquent
child resides or temporarily is domiciled for more than seven
days.
If the delinquent child is committed for the
sexually
oriented offense to the department of youth services or to a
secure facility that is not operated by the department, this duty
begins when the delinquent child
is discharged or released in any
manner from
custody in a
department of youth services secure
facility or from the secure
facility that is not operated
by the
department, if pursuant
to the discharge or release the
delinquent
child is not committed
to any other secure facility of
the
department or any other secure
facility. The delinquent child
does
not have a duty to register under this
division while the child is
in a department of
youth services secure facility or in a secure
facility that is not
operated by the department. (4)(3) If divisions (A)(1) and (2) of this section do not
apply, each following type of offender and each following type of
delinquent child shall register personally with the sheriff of the
county within seven days of the offender's or delinquent child's
coming into a county in which the offender or delinquent child
resides or temporarily is domiciled for more than seven days:
(a)
Regardless of when the sexually oriented offense was
committed,
if divisions (A)(1), (2), and (3) of this section do
not apply,
if the
offender
a person who is convicted of
or, pleads
guilty to, or is
adjudicated a delinquent child for committing a
sexually oriented
offense in another state or in a federal court,
military court, or
an Indian tribal court, if, on or after July 1,
1997,
for
offenders, or the effective date of this amendment for
delinquent
children, the offender
or delinquent child moves to and
resides in
this state or
temporarily is domiciled in this state
for more than
seven days,
and if, at the time the offender
or
delinquent child
moves to and
resides in this state or temporarily
is domiciled in
this state
for more than seven days, the offender
or delinquent
child has a
duty to register as a sex offender under
the law of
that other
jurisdiction as a result of the conviction
or, guilty
plea,
within
seven days of the offender's coming into
any
county in which the offender resides or
temporarily is
domiciled for more than
seven days, the offender shall register
with
the sheriff of that county
or adjudication. (5)(b) Regardless of when the sexually oriented offense was
committed,
if divisions (A)(1), (2), and (3) of this section do
not apply,
if the
offender
a person who is convicted of
or, pleads
guilty to, or is
adjudicated a delinquent child for committing a
sexually oriented
offense in another state or in a federal court,
military court, or
an Indian tribal court, if, on or after July 1,
1997,
for
offenders, or the effective date of this amendment for
delinquent
children, the offender
or delinquent child is released
from
imprisonment
or, confinement,
or detention imposed for that
offense, and if, on or after July 1,
1997,
for
offenders, or the
effective date of this amendment for delinquent
children, the
offender
or
delinquent child moves to and resides in
this state or
temporarily
is domiciled in this state for more than
seven days,
within seven
days of the offender's coming
into any
county in
which the offender resides
or
temporarily is domiciled for more
than seven days
the offender shall register with the sheriff
of
that
county.
The duty to register as described in this
division
applies
to an
offender regardless of whether the offender, at the
time of
moving
to and residing in this state or
temporarily being
domiciled in
this state for more than seven
days, has a duty to
register as a
sex offender under the law of
the jurisdiction in
which the
conviction
or guilty plea occurred.
The duty to register
as
described in this division applies to a delinquent child only
if
the delinquent child, at the time of moving to and residing in
this state or temporarily being domiciled in this state for more
than seven days, has a duty to register as a sex offender under
the law of the jurisdiction in which the delinquent child
adjudication occurred or if, had the delinquent child adjudication
occurred in this state, the adjudicating juvenile court judge
would have been required to issue an order classifying the
delinquent child as a juvenile sex offender registrant pursuant to
section 2152.82 or division (A) of section 2152.83 of the Revised
Code.
(6)(4) If division (A)(1)(a) of this section applies and if,
subsequent to the offender's release, the offender is adjudicated
to be a sexual predator under division (C) of section 2950.09 of
the Revised Code, the offender shall register within seven days of
the adjudication with the sheriff of the county in which the
offender resides or temporarily is domiciled for more than seven
days and shall register with the sheriff of any county in which
the offender subsequently resides or temporarily is domiciled for
more than seven days within seven days of coming into that county.
(5) A person who is adjudicated a delinquent child for
committing a sexually oriented offense is not required to register
under division (A)(2) of this section unless the delinquent child
committed the offense on or after the effective date of this
amendment, is classified a juvenile sex offender
registrant by a
juvenile court judge pursuant to an order issued
under section
2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code based
on
that
adjudication,
and has a duty to register pursuant to
division
(A)(2)
of this section. (B) An offender
or delinquent child who is required by
division (A) of this section to register personally shall obtain
from the sheriff or from a designee of the sheriff a registration
form that conforms to division (C) of this section, shall complete
and sign the form, and shall return the completed form together
with the offender's
or delinquent child's photograph to the
sheriff or the designee. The sheriff or designee shall sign the
form and indicate on the form the date on which it is so returned.
The registration required under this division is complete when the
offender
or delinquent child returns the form, containing the
requisite information, photograph, signatures, and date, to the
sheriff or designee. (C) The registration form to be used under divisions (A) and
(B) of this section shall contain the current residence address of
the offender
or delinquent child who is registering, the name and
address of the offender's
or delinquent child's employer, if the
offender
or delinquent child is employed at the time of
registration or if the offender
or delinquent child knows at the
time of registration that the offender
or delinquent child will be
commencing employment with that employer subsequent to
registration, and any other information required by the bureau of
criminal identification and investigation and shall include the
offender's
or delinquent child's photograph. Additionally, if the
offender
or delinquent child has been adjudicated as being a
sexual predator relative to the sexually oriented offense in
question and the court has not subsequently determined pursuant to
division (D) of section 2950.09, section
2152.84, or section
2152.85 of
the Revised Code that the
offender
or delinquent child
no longer
is a sexual predator or if
the
sentencing judge
determined
pursuant to division (C) of
section 2950.09, division
(B) of
section
2152.83, section 2152.84, or section 2152.85 of the
Revised Code that the
offender
or
delinquent child is a habitual
sex offender, and the determination has not been removed pursuant
to section 2152.84 or 2152.85 of the Revised Code, the
offender
or
delinquent child shall include on the signed, written
registration
form all of the following information:
(1) A specific declaration that the person has been
adjudicated as being a sexual predator or has been determined to
be a habitual sex offender, whichever is applicable; (2) If the offender
or delinquent child has been adjudicated
as being a sexual predator, the identification license plate
number of each motor vehicle the offender
or delinquent child owns
and of each motor
vehicle registered in the offender's
or
delinquent child's name. (D) After an offender
or delinquent child registers with a
sheriff pursuant to this section, the sheriff shall forward the
signed, written registration form and photograph to the bureau of
criminal identification and investigation in accordance with the
forwarding procedures adopted pursuant to section 2950.13 of the
Revised Code. The bureau shall include the information and
materials forwarded to it under this division in the state
registry of sex offenders established and maintained under section
2950.13 of the Revised Code.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section shall fail to register as
required in accordance with those divisions or that division. (F) An offender
or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code.
Sec. 2950.05. (A) If an offender
or delinquent child is
required to
register
pursuant to section 2950.04 of the Revised
Code, the offender
or delinquent
child,
at least seven days prior
to
changing the offender's
or delinquent child's residence address
during
the period during which the
offender
or delinquent child is
required to register, shall provide
written
notice of the
residence address change to the sheriff
with whom the offender
or
delinquent child most recently registered
under section 2950.04 of
the
Revised Code or under division (B) of this section. (B) If an offender
or delinquent child is required to
provide notice of a residence address change under division
(A) of
this section, the offender
or delinquent child, at least seven
days prior to
changing the residence address, also shall register
the new residence address in the manner described in divisions (B)
and (C) of section 2950.04 of the
Revised Code with the sheriff of
the county in
which the offender's
or delinquent child's new
residence address is
located, subject to division (C) of this
section. (C) Divisions (A) and (B) of this section apply
to a person
who is required to register pursuant to
section 2950.04 of the
Revised Code regardless of whether the new residence
address is in
this state or in another state. If the new residence address is
in another state, the person shall register with the appropriate
law
enforcement officials in that state in the manner required
under the law of
that state and within the earlier of the period
of time required under the law
of that state or at least seven
days prior to changing the residence address. (D)(1) Upon receiving from an offender
or delinquent child
pursuant to
division
(A) of this section notice of a change of the
offender's
or delinquent child's residence address, a sheriff
promptly
shall
forward the new residence address to the bureau of
criminal
identification and investigation in accordance with the
forwarding procedures
adopted pursuant to section 2950.13 of the
Revised Code
if the new residence address is in another state or,
if the offender's
or
delinquent child's new
residence address is
located in another county in this state, to the sheriff
of that
county. The bureau
shall include all information forwarded to it
under this division in the state
registry of sex offenders
established and maintained under section 2950.13 of
the Revised
Code and shall forward
notice of the offender's
or delinquent
child's new residence address to
the appropriate officials in the
other state. (2) When an offender
or delinquent child registers a new
residence
address pursuant to
division (B) of this section, the
sheriff with whom the offender
or delinquent child registers and
the bureau of criminal
identification and investigation shall
comply with division
(D) of section 2950.04 of the Revised Code. (E)(1) No person who is required to notify a sheriff of a
change
of address pursuant to division (A) of this section shall
fail to
notify the appropriate sheriff in accordance with that
division. (2) No person who is required to register a new residence
address with a
sheriff or with an official of another state
pursuant to divisions (B) and (C) of this section shall fail to
register
with the appropriate sheriff or official of the other
state in accordance with those divisions. (F) An offender
or delinquent child who is required to
comply with
divisions (A), (B), and (C) of this section shall
do
so for the period of time specified in section 2950.07 of the
Revised Code. Sec. 2950.06. (A) An offender
or delinquent child who is
required to
register pursuant to section 2950.04
of the Revised
Code shall periodically verify the offender's
or delinquent
child's current
residence address in accordance with this section.
The frequency of
verification shall be determined in accordance
with division
(B) of this section, and the manner of
verification
shall be determined in accordance with division
(C) of this
section. (B) The frequency with which an offender
or delinquent child
must
verify the
offender's
or delinquent child's current residence
address pursuant to
division
(A) of this section shall be
determined as follows: (1) Regardless of when the sexually oriented offense for
which the
offender
or delinquent child is required to
register was
committed, if the
offender
or delinquent child has been
adjudicated as being a sexual
predator relative to the sexually
oriented offense and if the court has not
subsequently entered a
determination pursuant to division (D) of
section 2950.09, section
2152.84, or section 2152.85 of the
Revised Code that the
offender
or delinquent
child no
longer is a
sexual predator, the
offender
or delinquent child shall
verify the
offender's
or
delinquent
child's current
residence address in
accordance with
division (C)
of this section every ninety
days
after the
offender's
or
delinquent child's initial registration
date during
the period the
offender
or delinquent child is
required to
register. (2) In all circumstances not described in division
(B)(1) of
this section, the offender
or delinquent child shall verify
the
offender's
or delinquent child's
current residence address in
accordance with
division (C) of this section on each
anniversary
of the offender's
or delinquent child's initial
registration date
during the period the
offender
or delinquent child is required to
register. (C)(1) An offender
or delinquent child who is required to
verify the
offender's
or delinquent child's current residence
address pursuant to division
(A) of this section shall verify the
address with the sheriff with
whom the offender
or delinquent
child most recently registered by
personally appearing before the
sheriff or a designee of the sheriff,
no earlier than ten days
before the date on which the verification is required
pursuant to
division (B) of this section
and no later than the date so
required for verification, and completing and
signing a copy of
the verification form prescribed by the bureau of criminal
identification and investigation. The sheriff or
designee shall
sign the completed form and indicate on the form the date on
which
it is so completed.
The verification required under this division
is complete
when the offender
or delinquent child personally
appears before the
sheriff or designee and
completes and signs the
form
as described in this division. (2) To facilitate the verification of an offender's
or
delinquent
child's
current residence address under division (C)(1)
of this section, the
sheriff with whom the offender
or delinquent
child most recently
registered may mail
a nonforwardable
verification form prescribed by the bureau of
criminal
identification and investigation to the offender's
or delinquent
child's last
reported address
and to the last reported address of
the parents of the
delinquent child, with a notice that
conspicuously
states that the
offender
or delinquent child must
personally appear before the sheriff
or a designee
of the sheriff
to complete the form and the date by which the
form must be so
completed. Regardless of whether a sheriff
mails a form to an
offender
or delinquent child and that child's
parents, each
offender
or delinquent child who is required
to verify the
offender's
or delinquent child's current residence
address
pursuant to
division (A) of this section
shall personally appear
before the sheriff or a designee of the
sheriff to verify the
address in accordance with division
(C)(1) of this section. (D) The verification form to be used
under division (C) of
this section shall
contain the current residence address of the
offender
or delinquent
child, the name and address of
the
offender's
or delinquent child's employer if the offender
or
delinquent child is employed at the time of
verification or if the
offender
or delinquent child knows at the time
of verification
that the
offender
or delinquent child will be commencing
employment with that
employer subsequent to
verification, and any
other information required by the bureau of criminal
identification and investigation. (E) Upon an offender's
or delinquent child's personal
appearance and
completion of a
verification form under division
(C) of this section, a sheriff
promptly shall forward a copy of
the verification form to the
bureau of criminal identification and
investigation in accordance with the
forwarding procedures adopted
by the attorney general pursuant to section
2950.13 of the Revised
Code. The bureau shall include all information
forwarded to it
under this division in the state registry of sex offenders
established and maintained under section 2950.13 of the Revised
Code. (F) No person who is required to verify
a current residence
address pursuant to divisions (A) to (C)
of this section shall
fail to verify a current residence address in
accordance with
those divisions
by the date required for the verification as set
forth in
division (B) of this section,
provided that no person
shall be prosecuted
or subjected to a delinquent child proceeding
for a violation of
this division, and that no parent, guardian, or
custodian of a delinquent child shall be prosecuted for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of this division, prior to the
expiration of the period of time
specified in division (G) of this
section. (G)(1) If an offender
or delinquent child fails to verify a
current
residence
address as required by divisions (A) to (C) of
this section
by the date required for the verification as set
forth in
division (B) of this section,
the sheriff with whom the
offender
or delinquent child is required to
verify the
current
residence address, on the day following that date
required for the
verification, shall send a written warning to
the offender
or to
the
delinquent child and that child's parents, at the
offender's
or
delinquent child's and that child's parents last known
residence
address,
regarding the offender's
or delinquent child's
duty to
verify the
offender's
or delinquent child's current
residence
address.
The The written warning shall
identify
do all of the following: (a) Identify the
sheriff who sends
it and the date on which
it is sent
and shall
state; (b) State conspicuously
that the offender
or delinquent
child has failed to
verify the
offender's
or delinquent child's
current residence address by the
date
required for
the
verification,; (c) Conspicuously state that the offender
or
delinquent
child has seven days
from the date
on which the warning
is sent to
verify the current residence
address with the sheriff
who sent the
warning,; (d) Conspicuously state that a failure to
timely verify the
current
residence address is a felony offense,; (e) Conspicuously state
that, if the offender
or
delinquent
child verifies the current
residence address
with that
sheriff
within that seven-day-period, the offender
or delinquent
child
will not be prosecuted
or subjected to a delinquent child
proceeding for a failure to timely verify a
current
residence
address, and
the delinquent child's parent, guardian, or custodian
will not be prosecuted based on a failure of the delinquent child
to timely verify an address; (f) Conspicuously state that, if the offender
or delinquent
child does
not verify the
current residence address with that
sheriff within that
seven-day-period, the offender
or delinquent
child will be arrested
or taken into custody, as appropriate, and
prosecuted
or subjected to a delinquent child proceeding
for a
failure to timely verify a current residence
address
and the
delinquent child's parent, guardian, or custodian may be
prosecuted for a violation of section 2919.24 of the Revised Code
based on the delinquent child's failure to timely verify a current
residence address.
(2) If an offender
or delinquent child fails to verify a
current
residence
address as required by divisions
(A) to (C) of
this section by the date
required for the verification as set
forth in division
(B) of this section, the
offender
or delinquent
child shall not be prosecuted
or subjected to a delinquent child
proceeding for a violation of
division
(F) of
this section, and
the delinquent child's parent, guardian, or custodian shall not be
prosecuted for a violation of section 2919.24 of the Revised Code
based on the delinquent child's failure to timely verify a current
residence address, unless the
seven-day-period subsequent to that
date
that the offender
or delinquent
child is
provided under
division
(G)(1)
of this section to verify the current residence
address has
expired and the offender
or delinquent child, prior to
the
expiration
of that
seven-day-period, has not verified the
current
residence
address. Upon the expiration of the
seven-day-period
that the
offender
or delinquent child is provided
under division
(G)(1) of this
section to
verify the current
residence address has
expired, if the
offender
or delinquent child
has not verified the
current residence
address, all of the
following apply: (a) The sheriff with whom the offender
or delinquent child
is required
to verify the current
residence address promptly shall
notify the bureau of criminal identification
and investigation of
the failure. (b) The sheriff with whom the offender
or delinquent child
is required
to verify the current
residence address, the sheriff
of the county in which the offender
or
delinquent child resides,
or
a deputy of the appropriate sheriff, shall locate the offender
or
delinquent child, promptly shall
seek a warrant for the arrest
or taking into custody, as
appropriate, of the offender
or
delinquent child for the
violation of division
(F) of this section
and shall arrest the offender
or take the child into
custody, as
appropriate. (c) The offender
or delinquent child is subject to
prosecution
or a delinquent child proceeding for the
violation of
division (F) of this section, and the delinquent child's parent,
guardian, or custodian may be subject to prosecution for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of that division. (H) A person who is required to verify the person's
current
residence address pursuant to divisions (A) to (C)
of this section
shall do so for the period of time specified in section
2950.07 of
the Revised Code. Sec. 2950.07. (A) The duty of an offender who is convicted
of or
pleads guilty to, or has been convicted of or pleaded guilty
to, a sexually
oriented offense
and the duty of a delinquent child
who is adjudicated a
delinquent child for committing a sexually
oriented offense and is classified a juvenile sex offender
registrant or who is an out-of-state juvenile sex offender
registrant
to comply with sections 2950.04,
2950.05, and
2950.06
of the Revised Code commences on
whichever of the
following dates
is applicable: (1) If the offender's duty to register is imposed
pursuant
to division (A)(1)(a) of
section 2950.04 of the Revised Code, the
offender's duty to
comply with those sections commences on
the
date of the offender's release from
a prison term, a term of
imprisonment, or any other type of confinement
or on July 1,
1997,
whichever is
later. (2) If the offender's duty to register is imposed pursuant
to division
(A)(2)(1)(b)
of section 2950.04 of the Revised Code,
the offender's duty to
comply with those sections commences on the
date of entry of the judgment of
conviction of the sexually
oriented offense
or on July 1,
1997, whichever is
later. (3) If the offender's duty to register is imposed
pursuant
to division (A)(3)(1)(c) of
section 2950.04 of the Revised Code,
the offender's duty to
comply with those sections commences
fourteen days after July
1, 1997. (4) If the offender's
or delinquent child's duty to register
is imposed pursuant
to division (A)(4) or (5)(3)(a) or (b) of
section 2950.04
of the Revised
Code, the offender's duty to comply
with those
sections commences
on
the effective date of this
amendment
March
30, 1999, or on the
date that
the offender begins
to reside or becomes
temporarily
domiciled in this state,
whichever is later, and the delinquent child's duty commences on
the effective date of this amendment or on the date the delinquent
child begins to reside or becomes temporarily domiciled in this
state, whichever is later. (5)
If the delinquent child's duty to register is imposed
pursuant to division (A)(2)
of
section 2950.04 of the Revised
Code, if the delinquent child's classification as a juvenile sex
offender registrant is made at the time of the child's disposition
for that sexually oriented offense, and if the delinquent child is
committed for the sexually oriented offense to the department of
youth services or to a secure facility that is not operated by the
department, the delinquent child's duty to
comply with those
sections
commences on the date of the
delinquent child's discharge
or
release from
custody in the department of youth
services secure
facility or from the secure facility not operated by the
department
as described in that division. (6) If the delinquent child's duty to register is imposed
pursuant to division (A)(2)
of
section 2950.04 of the Revised
Code
and if either the delinquent child's classification as a juvenile
sex offender registrant is made at the time of the child's
disposition for that sexually oriented offense and the delinquent
child is not committed for the sexually oriented offense to the
department of youth services or to a secure facility that is not
operated by the department or the child's classification as a
juvenile sex offender registrant is made pursuant to sections
2152.83 of the Revised Code, the delinquent child's duty to
comply
with those sections commences on the date of entry of the
court's
order that classifies the delinquent child a juvenile sex
offender
registrant. (B) The duty of an offender who is convicted of or pleads
guilty to, or has
been convicted of or
pleads
pleaded guilty to,
a
sexually oriented offense
and the duty of a delinquent child who
is adjudicated a delinquent child for committing a sexually
oriented offense and is classified a juvenile sex offender
registrant or who is an out-of-state juvenile sex offender
registrant to comply
with sections
2950.04, 2950.05,
and 2950.06
of the Revised Code continues, after
the
date of commencement, for
whichever of the following periods
is applicable: (1) Except as otherwise provided in this division, if the
offender
or
delinquent child has
been adjudicated as being a
sexual
predator relative to the sexually oriented offense, the
offender's
or
delinquent child's duty to
comply with those
sections continues until
the offender's
or delinquent child's
death. If the judge who sentenced
the offender
or made the
disposition for the delinquent child or that
judge's
successor in
office subsequently enters a determination pursuant to division
(D) of section 2950.09
or pursuant to section 2152.84 or 2152.85
of the Revised Code
that the offender
or
delinquent child no
longer is a sexual predator,
the
offender's
or
delinquent child's
duty to comply with those sections
continues
for the period
of
time that otherwise would have been applicable
to the offender
or
delinquent child under
division (B)(2) or (3)
of this section. (2) If the judge who sentenced the offender
or made the
disposition for the delinquent child for
committing
the sexually
oriented offense, or the successor in office of the juvenile court
judge who made the delinquent child disposition,
determined
pursuant
to division (E) of section 2950.09
or pursuant to
division (B) of section
2152.83, section 2152.84, or section
2152.85 of the
Revised Code that the
offender
or
delinquent child
is a habitual sex
offender,
the
offender's
or
delinquent child's
duty to comply with those
sections
continues
for twenty years.
If
a delinquent child is determined pursuant to
division (E) of
section 2950.09 or pursuant to division (B) of section 2152.83,
section
2152.84, or section 2152.85 of the Revised Code to be a
habitual sex offender and if
the judge who made the disposition
for the delinquent child or
that judge's successor in office
subsequently enters a
determination pursuant to section 2152.84 or
2152.85 of the
Revised Code that the delinquent child no longer is
a habitual sex
offender but remains a juvenile sex offender
registrant, the
delinquent child's duty to comply with those
sections continues
for the period of time that otherwise would
have been applicable
to the delinquent child under division (B)(3)
of this section. (3) If neither division (B)(1) nor (B)(2) of this section
applies, the
offender's
or delinquent child's duty to comply with
those sections
continues for ten years.
If a delinquent child is
classified pursuant to section 2152.82 or
2152.83 of the Revised
Code a juvenile sex offender
registrant
and if the judge who made
the disposition for the
delinquent child
or that judge's successor
in office subsequently
enters a
determination pursuant to section
2152.84 or 2152.85 of
the
Revised Code that the delinquent child
no longer is to be
classified a juvenile sex offender registrant,
the delinquent
child's duty to comply with those sections
terminates upon the
court's entry of the determination. (C)(1) If an offender has been convicted
of or pleaded
guilty
to
a sexually oriented offense
or a delinquent child has
been adjudicated a delinquent child for committing a sexually
oriented offense
and
is classified a juvenile sex offender
registrant or is an out-of-state juvenile sex offender registrant,
and if the
offender
subsequently is convicted of or
pleads guilty
to
another
sexually
oriented
offense
or the
delinquent child
subsequently is
adjudicated a delinquent child
for committing
another sexually
oriented offense and is classified
a juvenile sex
offender
registrant relative to that offense or
subsequently is
convicted
of or pleads guilty to another sexually
oriented
offense, the
period of time for which the offender
or
delinquent
child
must
comply with the
sections specified in
division (A) of
this section
shall be
separately calculated
pursuant to divisions
(A)(1), (2),
and (3), (4), (5), (6), and (7)
of
this
section for
each of the
sexually
oriented offenses, and
the
separately
calculated periods
of time shall be
complied with
independently.
If a delinquent child has been adjudicated a delinquent child
for committing a
sexually oriented offense, is classified a
juvenile sex offender
registrant or is an out-of-state juvenile
sex offender registrant relative to the offense, and,
after
attaining eighteen
years of age, subsequently is convicted
of or
pleads guilty to
another sexually oriented offense, the
subsequent
conviction or
guilty plea does not limit, affect, or
supersede the
duties
imposed upon the delinquent child under this
chapter
relative to
the delinquent child's classification as a
juvenile
sex offender
registrant or as an out-of-state juvenile sex
offender registrant, and the delinquent child shall
comply with
both those
duties and the duties imposed under this
chapter
relative to the
subsequent conviction or guilty plea.
(2) If a delinquent child has been adjudicated a delinquent
child for committing on or after the effective date of this
amendment a sexually oriented offense and is classified
a juvenile
sex offender registrant relative to the offense, if the
order
containing the classification also contains a determination
by the
juvenile judge that the delinquent child is a sexual
predator or a
habitual sex offender, and if the juvenile judge or
the judge's
successor in office subsequently determines pursuant
to section
2152.84 or 2152.85 of the Revised Code that the
delinquent child
no longer is a sexual predator or habitual sex
offender, the
judge's subsequent determination does not affect the
date of
commencement of the delinquent child's duty to comply with
sections 2950.04, 2950.05, and 2950.06 of the Revised Code as
determined under division (A) of this section.
(D) The duty of an offender
or delinquent child to register
under this
chapter is
tolled for any period during which the
offender
or delinquent child is
returned to confinement
in a
secure facility for
any
reason or imprisoned for an offense when
the confinement
in a secure facility or
imprisonment
occurs
subsequent to the date
determined pursuant to
division
(A) of this
section. The
offender's
or delinquent
child's duty to
register
under this
chapter resumes upon the
offender's
or delinquent
child's release
from
confinement
in a secure facility or
imprisonment. (E) An offender
or delinquent child who has been convicted
of or
pleaded guilty to,
or has been or is adjudicated a
delinquent child
for committing, a
sexually oriented offense in
another state or in a federal court, military
court, or an Indian
tribal court may apply to the sheriff of the
county in which the
offender
or delinquent child resides or temporarily
is domiciled
for credit
against the duty to register for the time that the
offender
or delinquent
child has complied with
the sex
offender
registration requirements of another jurisdiction. The sheriff
shall
grant the offender
or delinquent child credit against the
duty to
register for time for which the
offender
or delinquent
child provides adequate proof that the offender
or delinquent
child
has complied with the sex
offender registration requirements
of another jurisdiction. If the offender
or delinquent child
disagrees with the determination of the sheriff,
the offender
or
delinquent child may appeal the
determination to the court of
common pleas of the county in which the offender
or delinquent
child resides or is temporarily domiciled.
Sec. 2950.081. (A) Any statements, information, photographs,
or
fingerprints
that section 2950.04, 2950.05, or 2950.06 of the
Revised Code requires a person to provide,
that are provided by a
person who registers, who provides notice of a change
of
residence
address and registers the new residence address, or who provides
verification of a current residence address pursuant to any
provision of those
sections, and that are in the possession of a
county sheriff are public
records
open to public inspection under
section 149.43 of the Revised Code.
(B) Except when the act that is the basis of a child's
classification as a juvenile sex offender registrant is a
violation of, or an attempt to commit a violation of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that was
committed with a purpose to gratify the sexual needs or desires of
the child, a violation of section 2907.02 of the Revised Code, or
an attempt to commit a violation of that section, the sheriff
shall not cause to be publicly disseminated by means of the
internet any statements, information, photographs, or fingerprints
that are provided by a juvenile sex offender registrant who
registers, who provides notice of a change of residence address
and registers the new residence address, or who provides
verification of a current residence address pursuant to this
chapter and that are in the possession of a county sheriff.
Sec. 2950.09. (A) If a person is convicted of or pleads
guilty to committing, on or after January 1, 1997, a sexually
oriented offense that is a sexually violent offense and also is
convicted of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the
indictment, or information charging the sexually violent offense,
the conviction of plea of guilty to the specification
automatically classifies the offender as a sexual predator for
purposes of this chapter. If a person is convicted of
or, pleads
guilty to, or is adjudicated a delinquent child for committing, a
sexually oriented offense in another state, or in a federal court,
military court, or an Indian tribal court and if, as a result of
that conviction
or, plea of guilty,
or adjudication, the person is
required, under the law of the jurisdiction in which the person
was convicted
or, pleaded guilty,
or was adjudicated, to register
as a sex offender until the person's death and is required to
verify the person's address on at least a quarterly basis each
year, that conviction
or, plea of guilty, or adjudication
automatically classifies the
offender
person as a sexual predator
for the purposes of this chapter, but the
offender
person may
challenge that classification pursuant to division (F) of this
section. In all other cases, a person who is convicted of or
pleads guilty to,
or has been convicted of or pleaded guilty to,
or is adjudicated a delinquent child for committing,
a sexually
oriented offense may be classified as a sexual predator
for
purposes of this chapter only in accordance with division (B)
or
(C) of this section
or, regarding delinquent children, divisions
(B) and (C) of section
2152.83 of the Revised Code. (B)(1)
The judge who is to impose sentence on a person who is
convicted of or pleads guilty to a sexually oriented offense or
the judge
who is to impose or has imposed, pursuant to section
2152.82 or division (A) of section 2152.83 of the Revised Code, an
order of disposition upon a child who is
adjudicated a delinquent
child for committing on or after the
effective date of this
amendment a sexually oriented offense shall
conduct a hearing to
determine whether the
offender
is a sexual
predator if any of the
following
circumstances apply: (a) Regardless of when the sexually oriented offense was
committed,
if a person
the offender is to be sentenced on or after
January
1, 1997, for a sexually oriented offense that is not a
sexually
violent offense, or if a person. (b) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after January 1,
1997, for a sexually oriented offense that is a sexually violent
offense and a sexually violent predator specification was not
included in the indictment, count in the indictment, or
information charging the sexually violent offense, the judge who
is to impose sentence upon the offender shall conduct a hearing to
determine whether the offender is a sexual predator. The judge.
(c) The delinquent child was classified a
juvenile sex
offender registrant pursuant to section 2152.82 or division (A) of
section 2152.83 of the Revised Code. A judge shall not conduct a
hearing under division (B) of this section regarding a delinquent
child unless the delinquent child is in the category of delinquent
children described in this division. (2) The judge shall conduct the hearing
prior to sentencing
and, if the
sexually oriented offense
is a felony,
and if the
hearing is being
conducted under division
(B)(1)(a) or (b) of this
section, the
judge may conduct it as part
of the sentencing
hearing required by
section 2929.19 of the
Revised Code. The
court shall give the
offender
or delinquent
child and the
prosecutor who prosecuted the
offender
or handled
the case against
the delinquent child for the
sexually oriented
offense notice of
the date, time, and location
of the hearing. At
the hearing, the
offender
or delinquent child
and the prosecutor
shall have an
opportunity to testify, present
evidence, call and
examine
witnesses and expert witnesses, and
cross-examine
witnesses and
expert witnesses regarding the
determination as to
whether the
offender
or delinquent child is a
sexual predator.
The
offender
or
delinquent child shall have the
right to be
represented by counsel
and, if indigent, the right to
have counsel
appointed to represent
the offender
or delinquent
child.
(2)(3) In making a determination under divisions (B)(1) and
(3)(4) of this section as to whether an offender
or delinquent
child is a sexual predator, the judge shall consider all relevant
factors, including, but not limited to, all of the following:
(a) The offender's
or delinquent child's age; (b) The offender's
or delinquent child's prior criminal
or
delinquency record regarding all offenses, including, but not
limited to, all sexual offenses; (c) The age of the victim of the sexually oriented offense
for which sentence is to be imposed
or the order of disposition is
to be made; (d) Whether the sexually oriented offense for which sentence
is to be imposed
or the order of disposition is to be made
involved multiple victims; (e) Whether the offender
or delinquent child used drugs or
alcohol to impair the victim of the sexually oriented offense or
to prevent the victim from resisting;
(f) If the offender
or delinquent child previously has been
convicted of or pleaded guilty to
any, or been
adjudicated a
delinquent child for committing an act that if committed by an
adult would be, a criminal offense, whether the offender
or
delinquent child completed any sentence
or dispositional order
imposed for the prior offense
or act and, if the prior offense
or
act was a sex offense or a sexually oriented offense, whether the
offender
or delinquent child participated in available programs
for sexual offenders; (g) Any mental illness or mental disability of the offender
or delinquent child; (h) The nature of the offender's
or delinquent child's
sexual conduct, sexual contact, or interaction in a sexual context
with the victim of the sexually oriented offense and whether the
sexual conduct, sexual contact, or interaction in a sexual context
was part of a demonstrated pattern of abuse;
(i) Whether the offender
or delinquent child, during the
commission of the sexually oriented offense for which sentence is
to be imposed
or the order of disposition is to be made, displayed
cruelty or made one or more threats of cruelty; (j) Any additional behavioral characteristics that
contribute to the offender's
or delinquent child's conduct.
(3)(4) After reviewing all testimony and evidence presented
at the hearing conducted under division (B)(1) of this section and
the factors specified in division (B)(2)(3) of this section, the
judge
court shall determine by clear and convincing evidence
whether the
subject offender
or delinquent child is a sexual
predator. If
the
judge
court determines that the
subject offender
or delinquent child
is not a sexual predator, the
judge
court
shall specify in the
offender's sentence and the judgment of
conviction that contains
the sentence
or in the delinquent child's
dispositional order, as
appropriate, that the
judge
court has
determined that the offender
or delinquent child is not a sexual
predator. If the
judge
court
determines by clear and convincing
evidence that the
subject offender
or
delinquent child is a sexual
predator, the
judge
court shall
specify in the offender's sentence
and the judgment of conviction
that contains the sentence
or in
the delinquent child's dispositional
order, as appropriate, that
the
judge
court has determined that
the offender
or delinquent
child is a sexual predator and shall
specify that the
determination was pursuant to division (B) of
this section. The
offender
or delinquent child and the prosecutor
who prosecuted the
offender
or handled the case against the delinquent child for the
sexually
oriented offense in question may appeal as a matter of
right the
judge's
court's determination under this division as to
whether
the offender
or delinquent child is, or is not, a sexual
predator.
(4)(5) A hearing shall not be conducted under division (B)
of this section regarding an offender if the
sexually oriented
offense in question is a sexually violent
offense and the
indictment, count in the indictment, or
information charging the
offense also included a
sexually violent predator specification.
(C)(1) If a person was convicted of or pleaded guilty to a
sexually oriented offense prior to January 1, 1997, if the person
was not sentenced for the offense on or after January 1, 1997, and
if, on or after January 1, 1997, the offender is serving a term of
imprisonment in a state correctional institution, the department
of rehabilitation and correction shall determine whether to
recommend that the offender be adjudicated as being a sexual
predator. In making a determination under this division as to
whether to recommend that the offender be adjudicated as being a
sexual predator, the department shall consider all relevant
factors, including, but not limited to, all of the factors
specified in division (B)(2) of this section. If the department
determines that it will recommend that the offender be adjudicated
as being a sexual predator, it immediately shall send the
recommendation to the court that sentenced the offender and shall
enter its determination and recommendation in the offender's
institutional record, and the court shall proceed in accordance
with division (C)(2) of this section.
(2)(a) If, pursuant to division (C)(1) of this section, the
department of rehabilitation and correction sends to a court a
recommendation that an offender who has been convicted of or
pleaded guilty to a sexually oriented offense be adjudicated as
being a sexual predator, the court is not bound by the
department's recommendation, and the court may conduct a hearing
to determine whether the offender is a sexual predator. The court
may deny the recommendation and determine that the offender is not
a sexual predator without a hearing but shall not make a
determination that the offender is a sexual predator in any case
without a hearing. The court may hold the hearing and make the
determination prior to the offender's release from imprisonment or
at any time within one year following the offender's release from
that imprisonment. If the court determines without a hearing that
the offender is not a sexual predator, it shall include its
determination in the offender's institutional record and shall
determine whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense other than the
offense in relation to which the court determined that the
offender is not a sexual predator.
The court may make the determination as to whether the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense without a hearing, but, if the court
determines that the offender previously has been convicted of or
pleaded guilty to such an offense, it shall not impose a
requirement that the offender be subject to the community
notification provisions regarding the offender's place of
residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code without a hearing. The court may conduct a
hearing to determine both whether the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense and
whether to impose a requirement that the offender be subject to
the community notification provisions as described in this
division, or may conduct a hearing solely to make the latter
determination. The court shall include in the offender's
institutional record any determination made under this division as
to whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense, and, as such,
whether the offender is a habitual sex offender. (b) If the court schedules a hearing under division
(C)(2)(a) of this section, the court shall give the offender and
the prosecutor who prosecuted the offender for the sexually
oriented offense, or that prosecutor's successor in office, notice
of the date, time, and place of the hearing. If the hearing is to
determine whether the offender is a sexual predator, it shall be
conducted in the manner described in division (B)(1) of this
section regarding hearings conducted under that division and, in
making a determination under this division as to whether the
offender is a sexual predator, the court shall consider all
relevant factors, including, but not limited to, all of the
factors specified in division (B)(2) of this section. After
reviewing all testimony and evidence presented at the sexual
predator hearing and the factors specified in division (B)(2) of
this section, the court shall determine by clear and convincing
evidence whether the offender is a sexual predator. If the court
determines that the offender is not a sexual predator, it also
shall determine whether the offender previously has been convicted
of or pleaded guilty to a sexually oriented offense other than the
offense in relation to which the hearing is being conducted.
Upon making its determinations at the hearing, the court
shall proceed as follows:
(i) If the hearing is to determine whether the offender is a
sexual predator, and if the court determines that the offender is
not a sexual predator and that the offender previously has not
been convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted, it shall include its determinations in the offender's
institutional record.
(ii) If the hearing is to determine whether the offender is
a sexual predator, and if the court determines that the offender
is not a sexual predator but that the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted, it shall include its determination that the offender is
not a sexual predator but is a habitual sex offender in the
offender's institutional record, shall attach the determinations
to the offender's sentence, shall specify that the determinations
were pursuant to division (C) of this section, shall provide a
copy of the determinations to the offender, to the prosecuting
attorney, and to the department of rehabilitation and correction,
and may impose a requirement that the offender be subject to the
community notification provisions regarding the offender's place
of residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code. The offender shall not be subject to those
community notification provisions relative to the sexually
oriented offense in question if the court does not so impose the
requirement described in this division. If the court imposes
those community notification provisions, the offender may appeal
the judge's determination that the offender is a habitual sex
offender.
(iii) If the hearing is to determine whether the offender
previously has been convicted of or pleaded guilty to a sexually
oriented offense other than the offense in relation to which the
hearing is being conducted and whether to impose a requirement
that the offender be subject to the specified community
notification provisions, and if the court determines that the
offender previously has been convicted of or pleaded guilty to
such an offense, the court shall proceed as described in division
(C)(2)(b)(ii) of this section and may impose a community
notification requirement as described in that division. The
offender shall not be subject to the specified community
notification provisions relative to the sexually oriented offense
in question if the court does not so impose the requirement
described in that division. If the court imposes those community
notification provisions, the offender may appeal the judge's
determination that the offender is a habitual sex offender. (iv) If the court determined without a hearing that the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense other than the offense in relation to
which the court determined that the offender is not a sexual
predator, and, as such, is a habitual sex offender, and the
hearing is solely to determine whether to impose a requirement
that the offender be subject to the specified community
notification provisions, after the hearing, the court may impose a
community notification requirement as described in division
(C)(2)(b)(ii) of this section. The offender shall not be subject
to the specified community notification provisions relative to the
sexually oriented offense in question if the court does not so
impose the requirement described in that division. If the court
imposes those community notification provisions, the offender may
appeal the judge's determination that the offender is a habitual
sex offender.
(v) If the hearing is to determine whether the offender is a
sexual predator, and if the court determines by clear and
convincing evidence that the offender is a sexual predator, it
shall enter its determination in the offender's institutional
record, shall attach the determination to the offender's sentence,
shall specify that the determination was pursuant to division (C)
of this section, and shall provide a copy of the determination to
the offender, to the prosecuting attorney, and to the department
of rehabilitation and correction. The offender and the prosecutor
may appeal as a matter of right the judge's determination under
this division as to whether the offender is, or is not, a sexual
predator. (D)(1)
Upon
Division (D) of this section applies to
persons
who have been convicted of or pleaded guilty to a sexually
oriented offense. The procedures set forth in division (D) of
this section regarding a determination of whether a person no
longer is a sexual predator also apply, to the extent specified in
section 2152.84 or 2152.85 of the Revised Code, to persons who
have been adjudicated a delinquent child for committing a sexually
oriented offense and have been determined by a juvenile court
judge to be a sexual predator. A person who has been adjudicated
a delinquent
child for committing a sexually oriented offense and
who has been
classified by a juvenile court judge a juvenile sex
offender
registrant or, if applicable, additionally has been
determined by
a juvenile court judge to be a sexual predator or
habitual sex
offender, may petition the adjudicating court for a
reclassification or declassification pursuant to section 2152.85
of the Revised Code.
Upon the expiration of the applicable period of time
specified in division (D)(1)(a) or (b) of this section, an
offender who has been convicted of or pleaded guilty to
a sexually
oriented offense and who has been adjudicated as being
a sexual
predator relative to the sexually oriented offense in the
manner
described in division (B) or (C) of this section may
petition the
judge who made the determination that the offender was a sexual
predator, or that judge's successor
in office, to enter a
determination that the offender no longer is a sexual predator.
Upon the filing
of the petition, the judge may review the prior
sexual predator
determination that comprises the sexually violent
predator
adjudication, and, upon consideration of all relevant
evidence and
information, including, but not limited to, the
factors set forth
in division (B)(2)(3) of this section, either
shall enter a
determination that the offender no longer is a
sexual predator or shall enter an order denying the petition. The
court
judge shall not enter a determination under this division
that the offender no longer is a sexual
predator unless the
court
judge determines by clear and convincing
evidence that the
offender is unlikely to
commit a sexually oriented offense in the
future. If the judge
enters a determination under this division
that the offender no longer is a sexual predator, the judge shall
notify the bureau of criminal identification and investigation and
the parole board of the
determination. Upon receipt of the
notification, the bureau
promptly shall notify the sheriff with
whom the offender most recently registered under section 2950.04
or
2950.05 of the Revised Code of the determination that the
offender no longer is a sexual predator. If the judge
enters an
order denying the petition, the prior adjudication of
the offender
as a sexual predator shall remain
in effect. An offender
determined to be a
sexual predator in the manner described in
division (B) or (C) of
this section may file a petition under this
division after the
expiration of the following periods of time:
(a) Regardless of when the sexually oriented offense was
committed, if, on or after January 1, 1997, the offender is
imprisoned or sentenced to a prison term or other confinement for
the sexually oriented offense in relation to which the
determination was made, the offender initially may file the
petition not earlier than one year prior to the offender's release
from the imprisonment, prison term, or other confinement by
discharge, parole, judicial release, or any other final release.
If the offender is sentenced on or after January 1, 1997, for the
sexually oriented offense in relation to which the determination
is made and is not imprisoned or sentenced to a prison term or
other confinement for the sexually oriented offense, the offender
initially may file the petition upon the expiration of one year
after the entry of the offender's judgment of conviction. (b) After the offender's initial
filing of a petition under
division (D)(1)(a) of this section,
thereafter, an offender may
file a petition
under this division upon the expiration of five
years after the
court has entered an order denying
the petition
under division (D)(1)(a) of this section or the most recent
petition the
offender has filed under this division. (2) Except as otherwise provided in this division, division
(D)(1) of this section does not apply to a person who is
classified as a sexual predator pursuant to division (A) of this
section. If a person who is so classified was sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code and if the sentencing court terminates the offender's
prison term as provided in division (D) of section 2971.05 of the
Revised Code, the court's termination of the prison term
automatically shall constitute a determination by the court that
the offender no longer is a sexual predator. If the court so
terminates the offender's prison term, the court shall notify the
bureau of criminal identification and investigation and the parole
board of the determination that the offender no longer is a sexual
predator. Upon receipt of the notification, the bureau promptly
shall notify the sheriff with whom the offender most recently
registered under section 2950.04 or 2950.05 of the Revised Code
that the offender no longer is a sexual predator. If an offender
who is classified as a sexual predator pursuant to division (A) of
this section is released from prison pursuant to a pardon or
commutation, the classification of the offender as a sexual
predator shall remain in effect after the offender's release, and
the offender may file one or more petitions in accordance with the
procedures and time limitations contained in division (D)(1) of
this section for a determination that the offender no longer is a
sexual predator.
(E) If a person is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense, the judge who is to impose
sentence on the offender shall
determine, prior to sentencing, whether the offender
previously
has been convicted of or pleaded guilty to a sexually oriented
offense.
If a person is classified a juvenile sex offender
registrant, pursuant to section 2152.82 or division (A) of section
2152.83 of the Revised Code, the adjudicating
judge shall
determine, prior to entering the order classifying the delinquent
child a juvenile sex offender registrant,
whether the delinquent
child previously has been adjudicated a
delinquent child for
committing a sexually oriented offense. If the adjudicating judge
has classified the delinquent child under division (A) of section
2152.83 of the Revised Code based on that adjudication a juvenile
sex offender registrant, the judge shall determine, prior to
entering the classification order, whether the delinquent child
previously has been adjudicated a delinquent child for committing
a sexually oriented offense. If
the judge determines that the
offender previously has not been
convicted of or pleaded guilty to
a sexually
oriented offense
or
that the delinquent child
previously has not been adjudicated a
delinquent child for
committing a sexually oriented offense, the
judge shall specify in
the offender's
sentence
or in the
order classifying the delinquent
child a juvenile sex offender registrant that the
judge has
determined that the offender
or delinquent child is not
a habitual
sex offender. If the judge determines that the
offender
previously has been convicted of or
pleaded guilty to a sexually
oriented offense
or that the delinquent child previously has been
adjudicated a delinquent child for committing a sexually oriented
offense, the judge shall specify
in the offender's sentence and
the judgment of conviction that
contains the sentence
or in the
order classifying the delinquent child a juvenile sex offender
registrant that the judge has
determined that the offender
or
delinquent child is a habitual sex
offender and may impose a
requirement in that sentence and
judgment of conviction
or in that
order that the
offender
or delinquent child be
subject to the
community
notification provisions regarding the
offender's
or
delinquent
child's place of residence that are
contained in
sections 2950.10
and 2950.11 of the Revised Code.
Unless the
habitual sex offender
also has been adjudicated as
being a sexual
predator relative to
the sexually oriented offense
in question,
the offender
or
delinquent child shall
not be subject
to those
community
notification provisions
only if the court
does
not
impose
imposes
the requirement described in this division in
the
offender's
sentence and the judgment of conviction
or in the
order
classifying the delinquent child a juvenile sex offender
registrant. (F)(1) An offender
or delinquent child classified as a
sexual predator may petition the court of common pleas
or, for a
delinquent child, the juvenile court of the
county in which the
offender
or delinquent child resides or
temporarily is domiciled
to enter a determination that the
offender
or delinquent child is
not an adjudicated sexual predator
in this state for purposes of
the sex offender registration
requirements of this chapter or the
community notification
provisions contained in sections 2950.10
and 2950.11 of the
Revised Code if all of the following apply:
(a) The offender
or delinquent child was convicted of
or,
pleaded guilty to, or was adjudicated a delinquent child for
committing, a sexually oriented offense in another state or in a
federal court, a military court, or an Indian tribal court. (b) As a result of the conviction
or, plea of guilty, or
adjudication described in division (F)(1)(a) of this section, the
offender
or delinquent child is required under the law of the
jurisdiction under which the offender
or delinquent child was
convicted
or, pleaded guilty, or was adjudicated to register as a
sex offender until the offender's
or delinquent child's death and
is required to verify the offender's
or delinquent child's address
on at least a quarterly basis each year.
(c) The offender
or delinquent child was automatically
classified as a sexual predator under division (A) of this section
in relation to the conviction
or, guilty plea, or adjudication
described in division (F)(1)(a) of this section.
(2) The court may enter a determination that the offender
or
delinquent child filing the petition described in division (F)(1)
of this section is not an adjudicated sexual predator in this
state for purposes of the sex offender registration requirements
of this chapter or the community notification provisions contained
in sections 2950.10 and 2950.11 of the Revised Code only if the
offender
or delinquent child proves by clear and convincing
evidence that the requirement of the other jurisdiction that the
offender
or delinquent child register as a sex offender until the
offender's
or delinquent child's death and the requirement that
the offender
or delinquent child verify the offender's
or
delinquent child's address on at least a quarterly basis each year
is not substantially similar to a classification as a sexual
predator for purposes of this chapter.
Sec. 2950.10. (A)(1) If a person is
convicted of or pleads
guilty to, or has been convicted of or pleaded
guilty to, a
sexually oriented
offense
or a person is adjudicated a delinquent
child for committing a sexually oriented offense
and is classified
a juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, if the
offender
or
delinquent child has been
adjudicated
as being a
sexual predator
relative to the sexually
oriented
offense, and the
court has not
subsequently determined pursuant to
division (D) of
section
2950.09, section 2152.84, or section 2152.85 of the
Revised Code
that the
offender
or
delinquent child no
longer is a
sexual
predator or the
offender
or delinquent child has
been
determined
pursuant to
division (C)(2) or (E) of section 2950.09,
division (B) of section
2152.83, section 2152.84, or section
2152.85 of
the
Revised Code to
be a
habitual
sex offender
and, the
court has
imposed a requirement
under that
division
or section
subjecting
the habitual sex offender to this
section, and the
determination
has not been removed pursuant to
section 2152.84 or
2152.85 of
the Revised Code, if the
offender
or
delinquent child
registers
with a
sheriff pursuant to section
2950.04 or 2950.05 of
the
Revised
Code, and if the victim of the
sexually oriented
offense
has made
a request in accordance with
rules adopted by the
attorney
general
that specifies that the
victim would like to be
provided the
notices
described in this
section, the sheriff shall
notify the
victim of the sexually
oriented offense, in writing,
that the
offender
or delinquent
child has
registered and shall
include in
the notice the
offender's
or delinquent child's name
and
residence
address or
addresses.
The sheriff shall provide the
notice
required by this
division to the victim
at the most recent
residence address
available for that victim, not later than
seventy-two hours after
the offender
or delinquent child registers
with
the sheriff. (2) If a person is convicted of or pleads guilty to,
or has
been convicted
of or pleaded guilty to, a sexually oriented
offense
or a person is adjudicated a delinquent child for
committing a
sexually oriented offense and is
classified a
juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, if
the
offender
or delinquent
child has been adjudicated as being a
sexual
predator relative to
the sexually oriented offense or
sexually violent offense and the
court has
not subsequently
determined pursuant to division (D) of
section
2950.09, section
2152.84, or section 2152.85 of the
Revised Code that the offender
or delinquent child no
longer is a
sexual predator
or the offender
or delinquent child has been
determined pursuant to
division (E)
of section
2950.09, division (B) of section
2152.83, section
2152.84, or section 2152.85 of the Revised Code
to be a
habitual
sex offender
and,
the court has imposed a requirement
under
that
division
or section
subjecting the habitual sex offender to this
section, and the determination has not been removed pursuant to
section 2152.84 or 2152.85 of the Revised Code, if
the
offender
or
delinquent child registers with a
sheriff pursuant to
section
2950.04 or 2950.05 of the Revised
Code, if the victim of the
sexually
oriented offense has made a
request in accordance with
rules
adopted by the attorney general
that
specifies that the
victim
would like to be provided the
notices described in
this
section,
and if the offender
or
delinquent child notifies the
sheriff of a
change of residence
address pursuant to
section
2950.05 of the
Revised Code, the
sheriff shall
notify the victim
of the sexually
oriented offense,
in writing, that the
offender's
or delinquent
child's residence
address has changed and
shall
include in the
notice the
offender's
or delinquent child's name
and new residence
address or
addresses.
The
sheriff shall provide
the notice
required by this division to
the victim at
the most
recent
residence address available for that
victim, no later
than
seventy-two hours after the offender
or
delinquent child notifies
the sheriff of the change
in the
offender's
or delinquent child's
residence address. (3) If
an offender
a person is convicted of or pleads guilty
to, or
has been
convicted of or pleaded guilty to, a sexually
oriented
offense
or a person is adjudicated a delinquent child for
committing a
sexually oriented offense and is
classified a
juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, and if the
offender
or
delinquent child is adjudicated as
being a sexual
predator
relative to the sexually
oriented offense
or the offender
or
delinquent child is determined
pursuant
to
division (E) of
section
2950.09, division (B) of section 2152.83, section
2152.84, or section 2152.85 of the Revised
Code
to be a
habitual
sex offender and is made subject to this section,
the
victim of
the offense may make a request in accordance with
rules
adopted by
the attorney general pursuant
to section 2950.13
of the
Revised
Code that specifies that the
victim would like to
be
provided the
notices described in
divisions (A)(1) and (2) of
this
section. If
the victim makes a request in
accordance with
those
rules, the
sheriff described in divisions
(A)(1) and (2) of
this
section
shall provide the victim with the notices
described
in
those
divisions. (4) If a victim makes a request as described in division
(A)(3) of this
section that specifies that the victim would like
to be provided the notices
described in divisions (A)(1)
and (2)
of this section, all information a sheriff obtains
regarding the
victim from or as a result of the request is
confidential, and the
information is not a public record open
for inspection under
section 149.43 of the Revised Code. (5) The notices described in divisions
(A)(1) and (2) of
this section are in addition
to any notices regarding the offender
or delinquent child that the
victim is entitled to receive
under
Chapter 2930. of the Revised Code. (B) A victim of a sexually oriented offense is not entitled
to
be provided any notice described in division (A)(1) or (2) of
this section
unless the offender
or delinquent child is
adjudicated as being a
sexual predator
relative to the sexually
oriented offense and the court has not
subsequently determined
pursuant to division
(E)(D) of section 2950.09, section 2152.84,
or
section 2152.85 of the Revised Code
that the offender
or
delinquent
child no
longer is a sexual
predator or the offender
or
delinquent child has
been determined
pursuant to division (E) of
section 2950.09, division (B) of section 2152.83, section
2152.84, or section 2152.85 of the
Revised Code to
be a habitual
sex
offender
and, the court has
imposed a requirement
under that
division
or section subjecting
the habitual sex offender to this
section, and the determination
has not been removed pursuant to
section 2152.84 or 2152.85 of
the
Revised Code.
A victim of a
sexually oriented offense is not
entitled
to any
notice described
in division (A)(1) or (2) of this
section
unless the victim makes
a request in accordance with rules
adopted
by the attorney general
pursuant to section 2950.13 of the
Revised
Code that specifies
that the victim would like to be
provided the
notices
described in
divisions (A)(1) and (2) of this
section.
This division does not
affect any rights of a victim of a
sexually
oriented offense to be
provided
notice regarding an
offender
or
delinquent child that are
described in
Chapter
2950.
2930. of the
Revised Code. Sec. 2950.11. (A) As used in this section, "specified
geographical notification area" means the geographic area or areas
within
which the attorney general, by rule adopted under section
2950.13 of the Revised Code, requires the notice described in
division (B) of
this section to be given to the persons identified
in divisions
(A)(2) to (8) of this section. If a person is
convicted of or pleads guilty to, or has been convicted of or
pleaded
guilty
to, a sexually
oriented offense
or a person is
adjudicated a delinquent child for committing a sexually oriented
offense and is classified a juvenile sex
offender registrant or is
an out-of-state juvenile sex offender registrant based on that
adjudication, and if the offender
or
delinquent child has been
adjudicated as being a sexual predator
relative to the sexually
oriented offense and the court has not
subsequently determined
pursuant to
division (D) of section
2950.09, section 2152.84, or
section 2152.85 of the Revised Code that the offender
or
delinquent child
no
longer is a sexual predator or the offender
or
delinquent child
has
been determined pursuant to
division (C)(2)
or (E) of section
2950.09, division (B) of section 2152.83,
section 2152.84, or section 2152.85
of
the
Revised Code to be a
habitual sex offender
and, the
court
has
imposed a requirement
under that
division
or section
subjecting
the
habitual sex
offender to this section,
and the
determination
has not been
removed pursuant to section 2152.84
or
2152.85 of the
Revised
Code, the
sheriff with whom the
offender
or delinquent
child has
most recently
registered under
section
2950.04 or
2950.05 of the
Revised Code, within the period
of time
specified
in
division (C)
of this section, shall provide a
written
notice
containing the
information set forth in division
(B) of
this
section
to all of
the following persons: (1) All occupants of residences adjacent to the offender's
or delinquent
child's place of
residence that are located within
the county served by the sheriff and all
additional neighbors of
the offender
or delinquent child who are within
any category
that
the attorney general by rule adopted under section 2950.13 of the
Revised
Code requires to be provided the notice and who reside
within the county
served by the sheriff; (2) The executive director of the public children services
agency that has
jurisdiction within the specified geographical
notification area and that is located within the county served by
the sheriff; (3)(a) The superintendent of each board of education of a
school
district
that has schools within the specified geographical
notification area and that
is located within the county served by
the sheriff; (b) The principal of the school within the specified
geographical notification area and within the county served by the
sheriff
that the delinquent
child attends; (c) If the delinquent child attends a school outside of the
specified geographical notification area or outside of the school
district
where the delinquent
child resides, the superintendent of
the board of education of a school
district that governs
the
school that the delinquent child attends and the principal of
the
school that the delinquent child attends. (4)(a) The appointing or hiring officer of each chartered
nonpublic
school
located within the specified geographical
notification area and within the
county served by the sheriff or
of each other school
located within the specified geographical
notification area and within the
county served by the sheriff and
that is not
operated by a board of education
described in division
(A)(3) of this section; (b) Regardless of the location of the school, the appointing
or
hiring officer of a chartered nonpublic school that the
delinquent child
attends. (5) The director, head teacher, elementary principal, or
site administrator
of each preschool program governed by Chapter
3301. of
the Revised Code that is located within the specified
geographical notification area and within the county served by the
sheriff; (6) The administrator of each child day-care center or type
A family day-care home that is located
within the specified
geographical notification area and within the county
served by the
sheriff, and the provider of each
certified type B family day-care
home that is located
within the specified geographical
notification area and within the county
served by the sheriff. As
used in this division, "child day-care center,"
"type A family
day-care home," and "certified type B family day-care home"
have
the same meanings as in section 5104.01 of the Revised Code. (7) The president or other chief administrative officer of
each
institution of higher education, as defined in
section
2907.03 of the Revised Code, that is located within
the specified
geographical notification area and within the county served by
the
sheriff, and the chief
law enforcement officer of the state
university law enforcement
agency or campus police department
established under section
3345.04 or 1713.50 of the Revised Code,
if any, that serves
that institution; (8) The sheriff of each county that includes any portion of
the specified
geographical notification area; (9) If the offender
or delinquent child resides within the
county
served by the sheriff, the
chief of police, marshal, or
other chief law enforcement officer of the
municipal corporation
in which the offender
or delinquent child resides
or, if the
offender
or delinquent child
resides in an unincorporated area,
the constable or chief of the
police department or police district
police force of the
township in which the offender
or delinquent
child resides. (B) The notice required under division (A) of this
section
shall include all
of the following information regarding the
subject offender
or delinquent
child: (1) The offender's
or delinquent child's name; (2) The address or addresses at which the offender
or
delinquent child
resides; (3) The sexually oriented offense of which the offender was
convicted
or,
to which the offender pleaded guilty,
or for which
the child was
adjudicated a delinquent child; (4) A statement that the offender
or delinquent child has
been
adjudicated as being a sexual
predator and that, as of the
date of the notice, the court has not entered a
determination that
the offender
or delinquent child no longer
is a sexual predator,
or a
statement that the sentencing or reviewing judge has
determined that
the offender
or delinquent child is a
habitual sex
offender
and that, as of the date of the notice, the determination
has not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code. (C) If a sheriff with whom an offender
or delinquent child
registers
under section
2950.04 or 2950.05 of the Revised Code is
required by
division
(A) of this section to provide notices
regarding an offender
or delinquent
child and if, pursuant
to that
requirement, the sheriff provides a notice to
a sheriff of one
or
more other counties in accordance with division (A)(8) of this
section, the
sheriff of each of the other counties who is provided
notice
under division (A)(8) of this section shall provide the
notices described in
divisions
(A)(1) to (7) and (A)(9) of this
section to each
person or entity identified within those divisions
that is
located within the geographical notification area and
within the
county served by the sheriff in question. (D)(1) A sheriff required by division (A) or (C)
of this
section to provide notices regarding an offender
or delinquent
child shall provide the
notice to the neighbors that is described
in division (A)(1) of this
section and the notices to law
enforcement personnel that are described in
divisions (A)(8) and
(9) of this section no later than seventy-two
hours after the
offender
or delinquent child registers with the sheriff or, if the
sheriff is required by division
(C) to provide the notices, no
later than seventy-two hours after the sheriff
is provided the
notice described in division (A)(8) of this section. A sheriff required by division (A) or (C) of this
section to
provide notices regarding an offender
or delinquent child
shall
provide the notices to
all other specified persons that are
described in divisions (A)(2) to (7) of
this section not later
than seven days after the offender
or delinquent
child registers
with the
sheriff, if the sheriff is required by division
(C) to
provide the notices, no
later than seventy-two hours after the
sheriff is provided the
notice described in division (A)(8) of
this section. (2) If an offender
or delinquent child in relation to
whom
division (A) of this
section applies verifies the offender's
or
delinquent child's current
residence
address with a sheriff
pursuant to section 2950.06 of the
Revised Code, the sheriff may
provide a
written notice containing the information set forth in
division
(B) of this section to the
persons identified in
divisions
(A)(1) to (9) of this section.
If a sheriff provides a
notice pursuant to this division to the
sheriff of one or more
other counties in accordance with
division (A)(8) of this
section,
the sheriff of each of the other counties who is
provided the
notice under division
(A)(8) of this section may
provide, but is
not required to provide, a written notice
containing the
information set forth in division
(B) of this section to the
persons identified in divisions
(A)(1) to (7) and (A)(9) of this
section. (E) All information that a sheriff possesses regarding a
sexual predator or a
habitual sex offender that is described in
division
(B) of this section and that must be provided
in a notice
required under division (A) or (C)
of this section or that may be
provided in a notice authorized under
division (D)(2) of this
section is a public record that is open
to inspection under
section 149.43 of the Revised Code. If the sexual predator or habitual sex offender is a juvenile
sex offender registrant, the sheriff shall not cause any of the
information described in this division to be publicly disseminated
by means of the internet, except when the act that is the basis of
a child's classification as a juvenile sex offender registrant is
a violation of, or an attempt to commit a violation of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that was
committed with a purpose to gratify the sexual needs or desires of
the child, a violation of section 2907.02 of the Revised Code, or
an attempt to commit a violation of that section. (F) The notification provisions of this section do not apply
regarding a
person who is convicted of or pleads guilty to,
or has
been convicted of or
pleaded guilty to,
or is adjudicated a
delinquent child for committing, a sexually oriented
offense, who
has not been adjudicated
as being a sexual predator
relative to
that sexually oriented offense, and who
is determined
pursuant to
division (C)(2) or
(E) of section 2950.09, division (B) of section
2152.83,
section 2152.84, or section 2152.85 of the
Revised Code
to be a habitual sex
offender
unless the sentencing
or reviewing
court imposes a requirement
in
the offender's
sentence and in the
judgment of conviction that
contains the
sentence
or in the
delinquent child's adjudication,
or
imposes a
requirement as
described in
division (C)(2) of
section 2950.09 of
the Revised
Code, that subjects the
offender
or
the delinquent
child to the
provisions of this section. (G) The department of job and family services shall compile,
maintain,
and
update in
January and July of each year, a list of
all agencies, centers, or homes of a type described in division
(A)(2) or (6) of this section
that contains the name of each
agency, center, or home of that type, the
county in which it is
located, its address and telephone number,
and the name of an
administrative officer or employee of the
agency, center, or home.
The department of education shall
compile, maintain, and update in
January and July of each year, a list of
all boards of education,
schools, or programs of a type
described in division (A)(3),
(4),
or (5) of this section that contains the name of each
board of
education, school, or program of that type, the county in which it
is located, its address and telephone number, the name of the
superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board
of
education, the county or counties in which each of its
schools is
located and the address of each such school. The
Ohio board of
regents shall compile, maintain, and update in
January and July of
each year, a list of
all institutions of a type described in
division
(A)(7) of this section that
contains the name of each
such institution, the county in which
it is located, its address
and telephone number, and the name of
its president or other chief
administrative officer. A sheriff
required by division (A) or (C)
of this section, or authorized by
division (D)(2) of this section,
to provide
notices regarding an offender
or delinquent child, or a
designee of a
sheriff of that type,
may request the department of
job and family services, department of
education, or Ohio board of
regents, by telephone, in person, or by mail, to provide the
sheriff or designee with the names, addresses, and telephone
numbers of the appropriate persons and entities to whom the
notices described in divisions
(A)(2) to (7) of this section
are
to be provided. Upon receipt of a request, the
department or
board shall provide the requesting sheriff or
designee with the
names, addresses, and telephone numbers of the
appropriate persons
and entities to whom those notices are to be
provided. Sec. 2950.12. (A) Except as provided in division (B) of
this section, any of
the following persons shall be immune from
liability in a civil action to
recover damages for injury, death,
or loss to person or property allegedly
caused by an act or
omission in connection with a power, duty, responsibility,
or
authorization under this chapter or under rules adopted under
authority of
this chapter: (1) An officer or employee of the bureau of criminal
identification and
investigation; (2) The attorney general, a chief of police, marshal, or
other chief law
enforcement officer of a municipal corporation, a
sheriff, a constable or
chief of police of a township police
department or police district police
force, and a deputy,
officer,
or employee of the office of the attorney general, the law
enforcement agency served by the marshal or the municipal or
township chief,
the office of the sheriff, or the constable; (3) A prosecutor and an officer or employee of the office of
a
prosecutor; (4) A supervising officer and an officer or employee of the
adult
parole authority of the department of rehabilitation and
correction; (5)
A supervising officer and an officer or employee of the
department of
youth services; (6) A supervisor and a caseworker or employee of a public
children services agency acting pursuant to section 5153.16 of the
Revised Code; (7) A person identified in division (A)(2), (3), (4), (5),
(6), or
(7) of
section 2950.11 of the Revised Code or the agent of
that person. (B) The immunity described in division (A) of this section
does not apply to
a person described in divisions (A)(1) to
(5)(7)
of this
section if, in relation to the act or omission in
question, any of the
following applies: (1) The act or omission was manifestly outside the scope of
the person's
employment or official responsibilities. (2) The act or omission was with malicious purpose, in bad
faith, or in
a wanton or reckless manner. (3) Liability for the act or omission is expressly imposed
by a section
of the Revised Code. Sec. 2950.13. (A) The attorney general shall do all of the
following: (1) No later than July 1, 1997, establish and maintain a
state registry of sex offenders that is housed at the bureau of
criminal
identification and investigation and that contains all of
the registration,
change of residence address, and verification
information the bureau receives
pursuant to sections 2950.04,
2950.05, and 2950.06 of the
Revised Code
regarding a person who is
convicted of or pleads guilty to, or has been
convicted of or
pleaded guilty to, a sexually oriented
offense
or a person who is
adjudicated a delinquent child for committing a sexually oriented
offense and is classified a juvenile sex
offender registrant or is
an out-of-state juvenile sex offender registrant based on that
adjudication, and all of the information
the bureau receives
pursuant to section
2950.14 of the Revised
Code; (2) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules that
contain
guidelines necessary for the implementation of this
chapter; (3) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules for
the
implementation and administration of the provisions contained
in section
2950.11 of the Revised Code that pertain to the
notification of
neighbors of
a person
an offender or a delinquent
child who has committed a sexually
oriented offense and has
been
adjudicated as being a
sexually
violent
sexual predator or
determined to
be a
habitual sex offender, and
rules that prescribe
a manner in
which victims of a
sexually
oriented offense committed
by
a person
an offender or a delinquent child who has been
adjudicated as
being a sexual predator or determined to be a
habitual sex
offender may make a request that specifies that the
victim would
like to be provided the notices described in
divisions (A)(1) and
(2) of section 2950.10 of the Revised Code.; (4) In consultation with local law enforcement
representatives and through
the bureau of criminal
identification
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03 of the Revised Code
to
advise offenders
and delinquent children of their duties of
registration, notification of
a change
of residence address and
registration of the new
residence address, and
residence address
verification under
sections 2950.04, 2950.05, and 2950.06 of
the
Revised Code, and
prescribe the forms to be used by
sheriffs
relative to those
duties of registration,
change of residence
address notification,
and residence address
verification; (5) Make copies of the forms prescribed under division
(D)(A)(4) of this section
available to judges, officials, and
sheriffs; (6) Through the bureau of criminal identification and
investigation, provide
the notifications, the information,
and the
documents that the bureau is required to provide to appropriate
law
enforcement officials and to the federal bureau of
investigation pursuant to
sections 2950.04, 2950.05, and 2950.06
of the Revised Code; (7) Through the bureau of criminal
identification and
investigation, maintain the verification forms returned
under the
residence address verification mechanism set forth in section
2950.06 of the Revised Code; (8) In consultation with representatives of the officials,
judges, and
sheriffs, adopt procedures for officials,
judges, and
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of
criminal identification and
investigation
pursuant to the requirements of sections 2950.03,
2950.04, 2950.05, and
2950.06 of the Revised Code; (9) In consultation with the director of education, the
director of
job and family
services, and the director of
rehabilitation and correction and no later than
July 1, 1997,
adopt rules that contain
guidelines to be followed by boards of
education of a school district,
chartered nonpublic schools or
other schools not operated by a board of
education, preschool
programs, child day-care centers, type
A family day-care homes,
certified type
B family day-care homes, and institutions of
higher
education regarding the proper use and administration of
information
received pursuant to section 2950.11 of the Revised
Code
relative to
a person
an offender or delinquent child who has
been adjudicated as being a
sexual predator or
determined to be a
habitual sex offender; (10) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules
that
designate a geographic area or areas within which the
notice
described in division (B) of section 2950.11 of the
Revised Code
must be given to the persons identified in
divisions (A)(2) to (8)
of that section. (B) The attorney general, in consultation with local law
enforcement representatives, may adopt rules that establish one or
more
categories of
neighbors of an offender
or delinquent child
who, in addition to
the occupants of
residences adjacent to an
offender's
or delinquent child's place of
residence, must be
given
the notice described in division (B) of
section 2950.11 of the
Revised
Code. (C) As used in this section, "local law enforcement
representatives" means representatives of the sheriffs of this
state,
representatives of the municipal chiefs of police and
marshals of this state,
and representatives of the township
constables and chiefs of police of the
township police departments
or police district police forces of this state. Sec. 2950.14. (A) Prior to releasing
an offender who is
under the custody and control of the department of
rehabilitation
and correction and who has been convicted of or
pleaded guilty to
committing, either prior to, on, or after January
1, 1997, any
sexually
oriented offense, the
department
of rehabilitation and
correction shall provide all of the
following information
described in division (B) of this
section to the bureau of
criminal identification and investigation regarding the offender.
Prior to releasing a delinquent child who is in the
custody of the
department of youth services and who has
been
adjudicated a
delinquent child for
committing on or after the effective
date of
this amendment a sexually oriented offense, the
department of
youth services shall
provide all of the information
described in
division
(B) of this section to the
bureau of
criminal
identification and investigation regarding
the delinquent
child. (B) The department of
rehabilitation and correction and the
department of youth
services shall provide all of the following
information to the
bureau of criminal identification and
investigation regarding an
offender or delinquent child described
in division (A) of this
section: (1) The offender's
or delinquent child's name and any
aliases used by
the offender
or delinquent child; (2) All identifying factors concerning the offender
or
delinquent
child; (3) The offender's
or delinquent child's anticipated future
residence; (4) The offense
and delinquency history of the offender
or
delinquent child; (5) Whether the offender
or delinquent child was treated for
a mental
abnormality or
personality disorder while under the
custody and control of the
department; (6) Any other information that the bureau indicates is
relevant and
that
the department possesses. (B)(C) Upon receipt of the information described in division
(A)(B) of this section
regarding an offender
or delinquent child,
the bureau immediately shall
enter the information into
the state
registry of
sexual
sex offenders that the bureau maintains
pursuant to
section 2950.13 of the Revised Code and into the
records that the
bureau
maintains pursuant to division (A) of
section 109.57 of the
Revised Code.
Sec. 2950.99.
(A) Whoever violates a prohibition in section
2950.04, 2950.05,
or 2950.06 of the Revised Code is guilty of a
felony of the fifth degree
if the most serious sexually oriented
offense that was the basis of the registration, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony
if committed by an
adult,
and a misdemeanor of
the first degree if the most serious
sexually oriented offense
that was the basis of the registration,
change of address
notification, or address verification
requirement that was
violated under the prohibition is a
misdemeanor
if committed by an
adult. In addition to
any penalty
or sanction imposed for the violation, if the
offender
or
delinquent child is on probation or parole, is subject to
one or
more
post-release control sanctions, or is subject to any other
type
of supervised release at the time of the violation, the
violation shall constitute a violation of the terms and
conditions
of the probation, parole, post-release control
sanction, or other
type of supervised release.
(B) If a person violates a prohibition in section 2950.04,
2950.05, or 2950.06 of the Revised Code that applies to the person
as a result of the person being adjudicated a delinquent child and
being classified a juvenile sex offender registrant or is an
out-of-state juvenile sex offender registrant, both of the
following apply:
(1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
Sec. 5139.13.
(A) The department of youth services shall do
all
of the following: (A)(1) Control and manage all institutions for the
rehabilitation of delinquent children and youthful offenders that
are operated by the state, except where the control and
management
of an institution is vested by law in another agency;
(B)(2) Provide treatment and training for children committed
to
the department and assigned by the department to various
institutions under its control and management, including, but not
limited to, for a child committed to it for an
act that is a
sexually oriented offense,
treatment that is appropriate for a
child who commits an act that is a sexually oriented offense and
that is intended to ensure that the child does not commit any
subsequent act that is a sexually oriented offense;
(C)(3) Establish and maintain appropriate reception centers
for
the reception of
children committed to the department and
employ
competent persons
to have charge of those centers and to
conduct
investigations;
(D)(4) Establish and maintain any other facilities necessary
for the training, treatment, and rehabilitation of children
committed to the department.
(B) As used in this section, "sexually oriented offense" has
the same meaning as in section 2950.01 of the Revised Code. SECTION 2. That existing sections 2151.23, 2152.02,
2152.19, 2152.22, 2919.24, 2950.01,
2950.02, 2950.03,
2950.04,
2950.05, 2950.06, 2950.07, 2950.09,
2950.10,
2950.11,
2950.12,
2950.13, 2950.14, 2950.99, and 5139.13 of the
Revised
Code are
hereby repealed.
SECTION 3. Sections 1 and 2 of this act shall take effect on
January 1, 2002, or the earliest date permitted by law, whichever
is later. SECTION 4. Section 2151.23 of the Revised Code is presented
in
this act as a composite of the section as amended by Am. Sub.
S.B. 179, Am. Sub. S.B. 180, and Sub. S.B. 218 of
the 123rd
General Assembly. The General Assembly, applying the
principle
stated in division (B) of section 1.52 of the Revised
Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
Section 2152.02 of the Revised Code, as presented
in this
act, includes matter that was amended into former section
2151.02
of the Revised Code by S.B. 218 of the 123rd General
Assembly.
Paragraphs of former section 2151.02 of the Revised
Code were
transferred to section 2152.02 of the Revised Code by
S.B. 179 of
the 123rd General Assembly as part of its general
revision of the
juvenile sentencing laws. The General Assembly,
applying the
principle stated in division (B) of section 1.52 of
the Revised
Code that amendments are to be harmonized if
reasonably capable of
simultaneous operation, finds that the
version of section 2152.02
of the Revised Code presented in this
act is the resulting version
of the section in effect prior to the
date of the section as
presented in this act. SECTION 5. Section 2152.19 of the Revised Code, as
presented
in this act, includes matter that was amended into
former section
2151.355 of the Revised Code by Am. Sub. S.B. 181
of the
123rd
General Assembly. Paragraphs of former section
2151.355 of
the
Revised Code containing S.B. 181 amendments were
transferred
to
section 2152.19 of the Revised Code by Am. Sub.
S.B. 179 of the
123rd
General Assembly as part of its general
revision of the
juvenile
sentencing laws. The General Assembly,
applying the
principle
stated in division (B) of section 1.52 of
the Revised
Code that
amendments are to be harmonized if
reasonably capable of
simultaneous operation, finds that the
version of section 2152.19
of the Revised Code presented in this
act is the resulting version
of the section in effect prior to the
effective date of the
section as presented in this act. _____________________________________________________President __________________ of the Senate. _____________________________________________________Speaker __________________ of the House of Representatives. Passed _______________, ______ Approved _____________, ______ _____________________________________________________Governor. The section numbering law of a general and permanent nature is complete and in conformity with the Revised Code. _____________________________________________________Director, Legislative Service Commission. Filed in the office of Secretary of State at Columbus, Ohio, on the ____ day of ____________, A. D. ______. _____________________________________________________Secretary of State. File No. __________ Effective Date _____________________
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