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(125th General Assembly)(Amended Substitute House Bill Number 473)
AN ACTTo amend sections 109.42, 2921.34, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.09, 2950.11, 2950.99, 2953.08, 2971.01, 2971.02, 2971.03, 2971.04, 2971.05, 5120.49, and 5120.61 of the Revised Code to revise the Sex Offender Registration and Notification Law's "change of address" requirements relative to persons who do not have knowledge of a change in residence, school, institution of higher education, or place of employment address sufficiently in advance of the change to comply with the requirements' deadlines and persons whose residence address change is not to a fixed address; to include any person adjudicated a sexual predator within that Law's registration and notification requirements; to grant prosecuting attorneys, municipal and township chief legal officers, and officials designated as prosecutors in a municipal corporation a cause of action for injunctive relief when an offender required to register under that Law violates its prohibition against residing within 1,000 feet of any school premises; to clarify that Law's criminal penalty provisions to ensure that they apply to offenders whose duties under that Law are based on a conviction that occurred in a jurisdiction other than Ohio; to clarify that the Sexually Violent Predator Sentencing Law does not require that an offender have a prior conviction of a sexually violent offense in order to be sentenced under that Law; and to increase the mandatory minimum term under the Sexually Violent Predator Sentencing Law for kidnapping with a sexual motivation specification and a sexually violent predator specification and for rape with a sexually violent predator specification. Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.42, 2921.34, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.09, 2950.11, 2950.99, 2953.08, 2971.01, 2971.02, 2971.03, 2971.04, 2971.05, 5120.49, and 5120.61 of the Revised Code be amended to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and
have printed a pamphlet that contains a compilation of all
statutes relative to victim's rights in which the attorney general
lists and
explains the statutes in the form of a victim's bill of
rights.
The attorney general shall distribute the pamphlet to all
sheriffs, marshals,
municipal corporation and township police
departments,
constables, and other law enforcement agencies, to
all
prosecuting attorneys, city directors of law, village
solicitors,
and other similar chief legal officers of municipal
corporations,
and to organizations that represent or provide
services for
victims of crime. The victim's bill of rights set
forth in the
pamphlet shall contain a description of all of the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following: (1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code; (2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control; (3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses; (4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case; (5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case; (6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender; (7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child; (8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release
or early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion; (9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services; (10) The right of the victim to bring a civil action
pursuant to sections 2969.01 to 2969.06 of the Revised Code to
obtain money from the offender's profit fund; (11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult; (12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person; (13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, or 2929.28 of the Revised Code; (14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency; (15) The right of a victim of domestic violence
to seek the issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code, the right of a victim of a violation of section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code, a violation of a substantially similar municipal ordinance, or an offense of violence who is a family or household member of the offender at the time of the offense to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code,
and the right of both types of victims to be accompanied by a victim advocate during court
proceedings; (16) The right of a victim of a
sexually oriented offense
that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense that is committed by a person who is convicted of or pleads guilty to an aggravated sexually oriented offense, by a person who is
adjudicated a sexual
predator or child-victim predator, or, in certain cases, by
a person who is determined to be
a habitual sex offender or habitual child-victim offender to
receive, pursuant to section 2950.10 of
the Revised Code, notice that the
person
has registered with a
sheriff under section 2950.04, 2950.041, or 2950.05
of the Revised Code and
notice of the
person's name, the person's residence that is registered, and the offender's school, institution of higher education, or place of employment address or addresses that are registered,
and
a
summary of the manner in which the victim must make a
request
to receive the notice. As used in this division,
"sexually
oriented offense," "adjudicated a sexual
predator,"
"habitual sex offender," "registration-exempt sexually oriented offense," "aggravated sexually oriented offense," "child-victim oriented offense," "adjudicated a child-victim predator," and "habitual child-victim offender" have the same meanings as
in section
2950.01 of the Revised Code. (17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or pleads guilty to a sexually violent predator specification and who is
sentenced
to a prison term pursuant to division
(A)(3) of section 2971.03 of
the Revised Code to receive, pursuant to
section 2930.16 of the
Revised Code, notice of a hearing to
determine whether to modify
the requirement that the offender
serve the entire prison term in
a state correctional facility,
whether to continue, revise, or
revoke any existing modification
of that requirement, or whether
to terminate the prison term.
As used in this division, "sexually
violent offense" and
"sexually violent predator specification" have the same
meanings as in section
2971.01 of the Revised Code. (B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents. (b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times: (i) Upon first contact with the victim, the victim's family,
or
the victim's dependents; (ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents. If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address. (c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
divisions (A)(1) to (17) of this
section. (2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section
2743.51 to
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the Revised Code or under any other
provision of the Revised
Code and does not affect any right under
those sections. (3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code. (C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section. (D) As used in this section: (1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code; (2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 2921.34. (A)(1) No person, knowing the person is under
detention or being reckless in that regard, shall purposely break
or attempt to break the detention, or purposely fail to return to
detention, either following temporary leave granted for a
specific purpose or limited period, or at the time required when
serving a sentence in intermittent confinement. (2) No person who is adjudicated a sexually violent predator and is sentenced to a prison term pursuant to
division (A)(3) of section 2971.03 of the Revised Code as a for the sexually violent
predator offense, for whom the requirement that the entire prison term be served in a
state correctional institution has been modified pursuant to section 2971.05
of the Revised Code, and who, pursuant to that modification, is restricted to
a geographic area, knowing that the person is under a
geographic restriction or being reckless in that regard, shall purposely leave
the geographic area to which the restriction applies or
purposely fail to return to that geographic area following a temporary leave
granted for a specific purpose or for a limited period of time. (B) Irregularity in bringing about or maintaining
detention, or lack of jurisdiction of the committing or detaining
authority, is not a defense to a charge under this section if the
detention is pursuant to judicial order or in a detention
facility. In the case of any other detention, irregularity or
lack of jurisdiction is an affirmative defense only if either of
the following occurs: (1) The escape involved no substantial risk of harm to the
person or property of another. (2) The detaining authority knew or should have known
there was no legal basis or authority for the detention. (C) Whoever violates this section is guilty of escape. (1) If the offender, at the time of the commission of the
offense, was under detention as an alleged or adjudicated
delinquent child or unruly child and if the act for which the
offender was under detention would not be a felony if committed
by an adult, escape is a misdemeanor of the first degree. (2) If the offender, at the time of the commission of the
offense, was under detention in any other manner or was adjudicated a
sexually violent predator for whom the requirement that the entire prison term
imposed pursuant to division (A)(3) of section 2971.03 of the Revised Code be served
in a state correctional institution has been modified
pursuant to section 2971.05 of the Revised Code, escape is one
of the following: (a) A felony of the second
degree, when the
most serious offense for which the person was under detention or
adjudicated a sexually violent predator is
aggravated murder, murder, or a felony of the first
or second degree or, if the person was under detention
as an alleged or adjudicated delinquent child, when the most
serious act for which the person was under detention would be
aggravated murder, murder, or a felony of the first
or second degree if committed by an adult; (b) A felony of the
third degree, when the most serious offense for which the
person was under detention or adjudicated a sexually violent predator
is a felony of the third, fourth, or fifth degree or an
unclassified felony or, if the person was under detention as an
alleged or adjudicated delinquent child, when the most serious
act for which the person was under detention would be a felony of the
third, fourth, or fifth degree or an unclassified felony if committed
by an adult; (c) A felony of the fifth degree, when any of the following applies: (i) The most serious offense for which the person was under detention is
a misdemeanor. (ii) The person was found not guilty by reason of insanity, and the person's
detention consisted of hospitalization,
institutionalization, or confinement in a facility under an order made
pursuant to or under authority of section 2945.40, 2945.401, or 2945.402 of
the Revised Code. (d) A misdemeanor of the first degree, when the most serious
offense for which the person was under detention is a misdemeanor and when the
person fails to return to detention at a specified time following
temporary leave granted for a specific purpose or limited period or at the
time required when serving a sentence in intermittent confinement.
(D) As used in this section: (1) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section. (2) "Sexually violent offense" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2929.01. As used in this chapter: (A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria: (a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation. (b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service. (2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison. (B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act. (C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision. (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code. (E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.56 of the
Revised Code. (F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not a jail term and that is described in
section 2929.26,
2929.27, or 2929.28 of the Revised Code.
"Community control
sanction" includes probation if the sentence involved was
imposed
for a felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004. (G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code. (H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place. (I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other 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. (J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code. (K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs. (L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment. (M) "Economic loss" means any
economic detriment suffered by
a victim as a direct and proximate result of the commission of an offense 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 commission of the
offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages. (N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent. (O)
"Firearm" has the same meaning as
in section 2923.11 of
the Revised Code. (P) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders. (Q) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code and during which all of
the
following apply: (1) The
offender is required to remain in the
offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the
offender is at the
offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board. (2) The
offender is required
to report periodically
to a person designated by the
court or parole board. (3) The
offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board. (R) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision. (S) "Jail" means a jail, workhouse,
minimum security
jail,
or other residential facility
used for the confinement of
alleged
or convicted offenders that
is operated by a political
subdivision
or a combination of
political subdivisions of this
state. (T) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction. (U) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section 2903.06 or division (D) of section 2903.08 of the Revised Code, division (E) of section 2929.24 of the Revised Code, division (B)
of section
4510.14 of the Revised Code, or division
(G) of section 4511.19 of
the Revised Code or pursuant to any other provision of the
Revised
Code that requires a term in a jail for a misdemeanor
conviction. (V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code. (W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended. (X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance. (Y) "Mandatory prison term" means any of the
following: (1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense. (2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section 2929.13 of the Revised Code. (3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code. (Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life. (AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor. (BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. (CC) "Prison term" includes any of the following
sanctions
for an offender: (1) A stated prison term; (2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code; (3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code. (DD) "Repeat violent offender" means
a person about whom
both of the following apply: (1) The person has been convicted of or has pleaded
guilty
to, and is being sentenced for committing, for
complicity in
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a
felony of the first degree set forth in Chapter
2925. of the
Revised Code that involved an attempt
to cause serious physical
harm to a person or that resulted in serious
physical harm to a
person, or a
felony of the second degree that involved an attempt
to cause serious physical
harm to a person
or that resulted in
serious physical harm to a person. (2) Either of the following applies: (a) The person previously was convicted of or pleaded
guilty
to, and
previously served
or, at the time of the offense was
serving, a prison term for, any of the following: (i) Aggravated murder, murder, involuntary manslaughter,
rape, felonious
sexual penetration as it existed under
section
2907.12 of the Revised Code prior to September 3,
1996, a felony
of the first or second degree that resulted in the death
of a
person or in physical harm to a person, or complicity in or an
attempt
to commit any of those offenses; (ii) An offense under an existing or
former law of this
state, another state, or the
United States that is or was
substantially equivalent to an offense listed
under division
(DD)(2)(a)(i) of this section and that
resulted in the death of a
person or in physical harm to a person. (b) The person previously was adjudicated a delinquent child
for
committing an act that if committed by an adult would have
been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth
services for that
delinquent act. (EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18
or
2929.24 to 2929.28 of the
Revised Code. (FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense. (GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or
house arrest
with electronic monitoring imposed after
earning credits pursuant to
section 2967.193 of the Revised Code. (HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense. (II) "Fourth degree felony
OVI offense" means a
violation
of division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section, is a felony of the fourth
degree. (JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code. (KK) "Designated homicide, assault, or kidnapping
offense," "violent sex offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code. (LL) "Habitual sex offender," "sexually oriented
offense,"
"sexual predator," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the same meanings as in section 2950.01
of the Revised Code. (MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense. (NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code. (OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code. (PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code. (QQ) "Third degree felony
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree. (RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code. (SS) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code. (TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code. (UU) "Electronic monitoring" means monitoring through the
use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(1) of this section and that conforms with all of the
following: (a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved. (WW) "Non-economic loss" means nonpecuniary harm suffered by a victim of an offense as a result of or related to the commission of the offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss. (XX) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code. (WW)(YY) "Continuous alcohol monitoring" means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored.
(ZZ) A person is "adjudicated a sexually violent predator" if the person is convicted of or pleads guilty to a violent sex 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 that violent sex offense or if the person is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that designated homicide, assault, or kidnapping offense.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources. If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code. If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory
prison term required for
the offense by
division (G)(1)
or (2) of
this section, the
court shall impose upon the offender a
mandatory
fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is
applicable: (1) For a fourth degree felony OVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code. If the court imposes upon the offender a community control sanction and the offender violates any condition of the community control sanction, the court may take any action prescribed in division (B) of section 2929.15 of the Revised Code relative to the offender, including imposing a prison term on the offender pursuant to that division. (2) For a third or fourth degree felony OVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code or a community control sanction as described in division (G)(2) of this section. (B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply: (a) In committing the offense, the offender caused
physical
harm to a person. (b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon. (c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person. (d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others. (e) The offender committed the offense for hire or as part
of an organized criminal activity. (f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code. (g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term. (h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance. (i) The offender committed the offense while in possession
of a firearm. (2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender. (b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender. (C) Except as provided in division (E), (F), or (G) of this
section, in
determining whether to impose a prison
term as a
sanction for a felony of the
third degree or a felony drug offense
that is a
violation of a provision of
Chapter 2925. of the
Revised
Code and that is specified as
being subject to this division for
purposes of sentencing, the
sentencing court shall comply with the
purposes and principles
of sentencing under section 2929.11 of the
Revised
Code and with section 2929.12
of the Revised Code. (D) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree and for a
felony drug offense that is a violation
of any provision of
Chapter 2925., 3719., or 4729. of the
Revised Code for which a
presumption in favor of
a prison term is specified as being
applicable, it is presumed
that a prison term is necessary in
order to comply
with the purposes and principles of sentencing
under section 2929.11 of the
Revised Code. Notwithstanding the
presumption established
under this division, the sentencing court
may
impose a community control sanction or a combination of
community control
sanctions instead of a prison term on an
offender for a felony of the first or
second degree or for a
felony drug offense that is a violation of any
provision of
Chapter 2925., 3719., or 4729. of the Revised Code for which a
presumption in favor of a prison term is specified as being
applicable if
it makes both of
the following findings: (1) A community control sanction or a combination of
community control
sanctions would
adequately punish the offender
and protect the public from future
crime, because the applicable
factors
under section 2929.12
of the Revised Code indicating a
lesser
likelihood of recidivism
outweigh the applicable factors
under that section
indicating a
greater likelihood of recidivism. (2) A community control sanction or a combination of
community control
sanctions would not
demean the seriousness of
the offense, because one or more
factors under section 2929.12 of
the Revised
Code that indicate that the offender's conduct was
less serious than
conduct normally constituting the offense are
applicable, and they outweigh
the applicable factors under that
section that indicate that the
offender's conduct was more
serious
than conduct normally constituting the offense. (E)(1) Except as provided in division
(F) of this section,
for any drug offense that is a
violation of any provision of
Chapter 2925.
of the Revised Code and that is a felony of the
third, fourth, or fifth degree, the applicability of a
presumption
under division (D) of this section in favor of a prison
term or of
division (B) or (C) of this section in
determining
whether to
impose a prison term for the offense shall be
determined as
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the
Revised Code,
whichever is applicable regarding the
violation. (2) If an offender who was convicted of or pleaded guilty to
a felony
violates the conditions of a community
control sanction
imposed for the offense solely by
reason of producing positive
results on a drug test,
the court, as punishment for the violation
of the sanction, shall not order
that the offender be imprisoned
unless the court
determines on the record either of the following: (a) The offender had been ordered as a sanction for the
felony to
participate in a drug treatment program, in a drug
education program,
or in narcotics anonymous or a
similar program,
and the offender continued to use illegal drugs after a
reasonable
period of participation in the program. (b) The imprisonment of the offender for the violation is
consistent with the
purposes and principles of sentencing set
forth in section 2929.11 of the
Revised Code. (F) Notwithstanding divisions (A) to
(E) of this section,
the court shall impose a prison
term or terms under sections
2929.02 to 2929.06, section 2929.14, or section
2971.03 of the
Revised Code and except as specifically provided in
section
2929.20 or 2967.191 of the Revised Code or when parole is
authorized for the offense under section 2967.13 of the Revised
Code shall not reduce the terms pursuant to section 2929.20,
section
2967.193, or any other provision of
Chapter 2967. or
Chapter 5120. of
the Revised Code for any of the following
offenses: (1) Aggravated murder when death is not imposed or murder; (2) Any rape, regardless of whether force was involved and
regardless of the age of the victim, or an attempt to commit rape
if, had
the offender completed the rape that was
attempted, the
offender
would have been subject to a sentence of
life
imprisonment or life
imprisonment without parole for the
rape; (3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age, if the offender previously was
convicted of or pleaded guilty to
rape, the former offense of
felonious sexual penetration, gross sexual
imposition, or sexual
battery,
and if the victim of the previous offense was under
thirteen years of age; (4) A felony violation of section 2903.04, 2903.06,
2903.08,
2903.11, 2903.12, or
2903.13 of the Revised Code if the section
requires the
imposition of a prison term; (5) A first, second, or third degree felony drug
offense for
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or
4729.99 of the Revised Code, whichever is
applicable regarding the
violation, requires the imposition of a
mandatory prison term; (6) Any offense that is a first or second degree felony
and
that is not set forth in division (F)(1), (2), (3), or (4)
of this
section, if the offender previously was convicted of or
pleaded
guilty to aggravated murder, murder, any first or
second degree
felony, or an offense under an existing or former law
of this
state, another state, or the United States that is
or was
substantially equivalent to one of those offenses; (7) Any offense that is a third degree felony and that is
listed in division
(DD)(1) of section 2929.01 of the Revised Code
if the offender previously was
convicted of or pleaded guilty to
any offense that is listed in division
(DD)(2)(a)(i) or (ii) of
section 2929.01 of the Revised Code; (8) Any offense, other than a violation of section 2923.12
of the Revised
Code, that is a felony, if the offender had a
firearm on or about the offender's person or under the offender's
control
while committing the felony, with respect to a portion of
the
sentence imposed pursuant to division (D)(1)(a) of
section
2929.14 of the Revised Code for having the firearm; (9) Any offense of violence that is a felony, if the
offender wore or carried body armor while committing the felony
offense of violence, with respect to the portion of the sentence
imposed pursuant to division (D)(1)(d) of section 2929.14 of the
Revised Code for wearing or carrying the body armor; (10) Corrupt activity in violation of section 2923.32 of
the
Revised Code when the most serious offense in
the pattern of
corrupt activity that is the basis of the offense
is a felony of
the first degree; (11) Any sexually violent sex offense for which or designated homicide, assault, or kidnapping offense if, in relation to that offense, the offender
also is convicted
of or pleads guilty to adjudicated a sexually violent
predator
specification that was included in the indictment, count
in the indictment, or
information charging the sexually violent
offense; (12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, with respect to the portion of the sentence imposed pursuant to division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the offender has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, with respect to the portion of the sentence imposed pursuant to division (D)(6) of section 2929.14 of the Revised Code. (G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OVI
offense or for a third degree felony OVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following: (1) If the offender is being sentenced for a fourth degree
felony
OVI offense and if the offender has not been convicted of and has not pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days or one hundred
twenty days as specified
in division (G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall
not reduce the term pursuant
to
section 2929.20, 2967.193, or any
other provision of the
Revised
Code. The court that imposes a
mandatory term of local
incarceration
under this division shall
specify whether the term
is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility,
and the
offender shall serve the
term in the type of facility
specified
by the court. A mandatory
term of local incarceration
imposed
under division (G)(1) of this
section is not subject to
extension
under section 2967.11 of the
Revised Code, to a period
of post-release control
under section
2967.28 of the Revised Code,
or to any other Revised Code
provision that pertains to a prison
term except as provided in division (A)(1) of this section. (2) If the offender is being sentenced for a third
degree
felony OVI offense,
or if the offender is being sentenced for a
fourth degree felony OVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory prison term of one, two, three, four, or five years if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or shall impose upon the offender a mandatory
prison term of sixty days or one hundred twenty days as specified
in division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code if the offender has not been convicted of and has not pleaded guilty to a specification of that type. The
court shall not reduce the term pursuant
to section
2929.20,
2967.193, or any other provision of the Revised Code. The offender shall serve the one-, two-, three-, four-, or five-year mandatory prison term consecutively to and prior to the prison term imposed for the underlying offense and consecutively to any other mandatory prison term imposed in relation to the offense. In
no case
shall an offender who once has been sentenced to a
mandatory term
of local incarceration pursuant to division (G)(1)
of this section
for a
fourth degree felony OVI offense be
sentenced to another
mandatory
term of local incarceration under
that division for any
violation of division
(A) of section 4511.19
of the Revised Code.
In addition to the mandatory prison term described in division (G)(2) of this section, the court may sentence the
offender to
a
community control
sanction under section 2929.16 or 2929.17 of
the Revised
Code, but the offender shall serve the prison term prior to serving the community control sanction.
The department of rehabilitation and correction
may place an
offender
sentenced to a mandatory prison term under
this division
in an intensive
program prison established pursuant
to section
5120.033 of the Revised
Code if the department gave the
sentencing
judge prior notice of its intent to
place the offender
in an
intensive program prison established under that
section and
if the
judge did not notify the department that the judge
disapproved the
placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into under section
9.06
of the Revised Code,
both of the following apply: (a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison. (H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies: (1) The offense was a sexually violent sex offense, or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the
offender also was
convicted of or pleaded guilty to adjudicated a sexually
violent predator specification
that was included in the
indictment,
count in the indictment, or information charging the
sexually violent offense. (2) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator. (I) If an offender is being sentenced
for a sexually
oriented offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duties imposed under sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section. (J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted. (2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt. (K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
one or more
of
the following applies: (1) The offender was serving a prison term at the time of
the offense, or the offender previously had served a prison term. (2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven years upon the offender that shall not be
reduced pursuant
to section 2929.20, section 2967.193, or any
other provision of
Chapter 2967. or Chapter 5120. of
the Revised
Code. A court
shall
not impose more than one
additional prison
term on an
offender
under division (D)(1)(f) of
this section for
felonies
committed as
part of the same act or transaction.
If a
court
imposes an
additional prison term on an offender under
division
(D)(1)(f) of
this section relative to an offense,
the
court
shall not impose a
prison term under division (D)(1)(a)
or
(c)
of
this section
relative to the same offense. (2)(a) If an offender who is
convicted of or pleads guilty
to a felony also is convicted of or pleads
guilty to a
specification of the type described in section 2941.149 of the
Revised Code
that the
offender is a repeat
violent offender, the
court shall
impose a prison term from the range of terms
authorized for the offense
under division (A) of this section
that
may be the longest term in the range and that shall not be reduced
pursuant to section 2929.20, section 2967.193, or
any other
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code.
If the court finds that the
repeat violent offender, in committing
the offense, caused any
physical harm that carried a substantial
risk of death to a
person or that involved substantial permanent
incapacity or
substantial permanent disfigurement of a person,
the
court shall impose the longest prison term from the range of terms
authorized for the
offense under division (A) of this section. (b) If the court imposing a prison term on a
repeat violent
offender imposes the longest prison term
from the range of terms
authorized for the offense under division
(A) of this section, the
court may impose on the offender
an additional definite prison
term of one, two, three, four,
five, six, seven, eight, nine, or
ten years if the court finds
that both of the following apply with
respect to the prison terms
imposed on the offender pursuant to
division
(D)(2)(a) of this section and, if
applicable, divisions
(D)(1) and (3) of this section: (i) The terms so imposed are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (ii) The terms so imposed are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
if the court imposing sentence upon an offender for
a felony
finds
that the offender is guilty
of corrupt activity with the
most
serious offense in the pattern
of corrupt activity being a
felony
of the first degree, or if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall
impose upon
the offender for the felony violation a
ten-year
prison term that
cannot be reduced pursuant to section
2929.20 or
Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(b)(i) and (ii) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of section
2929.13
of the Revised
Code,
the sentencing court shall impose
upon the
offender a mandatory prison term in
accordance with that
division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one
hundred twenty days imposed upon the
offender
as the mandatory prison term.
The total of the
additional prison
term imposed under division (D)(4) of this
section
plus the sixty
or one hundred twenty days imposed as the
mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the
court also may sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section. (5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of division (A)
or (B) of section 4511.19 of the Revised Code or an equivalent
offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, the
court shall impose on the offender a prison term of three years.
If a court imposes a prison term on an offender under division
(D)(6) of this section, the prison term shall not be reduced
pursuant to section 2929.20, section 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A
court shall not impose more than one prison term on an offender
under division (D)(6) of this section for felonies committed as
part of the same act. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense. (b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section. If a mandatory prison
term is imposed upon an offender pursuant to division (D)(5) of
this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (D)(6) of this section in
relation to the same violation, the offender shall serve the
mandatory prison term imposed pursuant to division (D)(5) of this
section consecutively to and prior to the mandatory prison term
imposed pursuant to division (D)(6) of this section and
consecutively to and prior to any prison term imposed for the
underlying violation of division (A)(1) or (2) of section 2903.06
of the Revised Code pursuant to division (A) of this section. (6) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F) If a court imposes a prison term of a type
described in
division (B) of section 2967.28 of the
Revised Code, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court
imposes a prison term
of a type described in division (C) of that
section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. (G) If a person is convicted of or pleads guilty to a
sexually violent sex
offense or a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty
to, in relation to that offense, the offender is adjudicated a sexually violent
predator specification that was included in
the indictment, count in the
indictment, or information charging
that offense, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender. (2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced on or after January 1, 1997, for a
sexually oriented offense that was committed on or after
January
1, 1997, that is not a registration-exempt sexually oriented offense,
and that is not a sexually violent offense,
and before
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1,
1997,
and who was not
charged with a sexually violent
predator
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, and before imposing sentence on or after May 7, 2002, on an offender who is being sentenced for a sexually oriented offense that is not a registration-exempt sexually oriented offense and who was acquitted of a sexually violent predator specification included in the indictment, count in the indictment, or information charging the sexually oriented offense and who is in any category of offender described in division (B)(1)(a)(i), (ii), or (iii) of section 2950.09 of the Revised Code, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
sexually violent sex
offense, if a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense, and if or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender was convicted of or pleaded guilty to that adjudicated a sexually violent predator specification. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense that is not a registration-exempt sexually oriented offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code. Before imposing sentence on or after July 31, 2003, on an offender who is being sentenced for a child-victim oriented offense, regardless of when the offense was committed, the court shall conduct a hearing in accordance with division (B) of section 2950.091 of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 of the Revised Code. (B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code. (2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances: (a) Unless the offense is a sexually violent sex offense or designated homicide, assault, or kidnapping offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender. (b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code. (c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences; (d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term; (e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term. (3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following: (a) Impose a stated prison term; (b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term; (c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree in the commission of which
the
offender caused or threatened to cause physical harm to a person; (d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is being sentenced for a
felony of
the third, fourth, or fifth degree that is not subject to
division
(B)(3)(c) of this section; (e) Notify the offender that, if a
period of supervision is
imposed following
the
offender's release from prison, as described
in division
(B)(3)(c) or (d) of this
section, and if the offender
violates that supervision or a condition of
post-release control
imposed under division (B) of section 2967.131 of the
Revised
Code, the parole board may
impose a prison
term, as part of the
sentence, of up to one-half of the stated
prison term originally
imposed
upon the offender; (f) Require that the offender not ingest or be injected with
a drug of abuse
and submit to random drug testing as provided in
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever
is applicable to the offender who is
serving a prison term, and
require that the results of the drug test
administered under any
of those sections indicate that the offender did not
ingest or was
not injected with a drug of abuse. (4) If the offender is being sentenced for a sexually
violent sex offense or designated homicide, assault, or kidnapping offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to adjudicated a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent in relation to that offense, if the
offender is being sentenced
for
a
sexually oriented offense that is not a registration-exempt sexually oriented offense and that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator, if the offender is being sentenced on or after July 31, 2003, for a child-victim oriented offense and the court imposing the sentence has determined pursuant to division (B) of section 2950.091 of the Revised Code that the offender is a child-victim predator,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated a sexual
predator, has been adjudicated a child victim predator,
or has been convicted of or pleaded guilty
to an
aggravated sexually oriented offense, whichever is
applicable, and
shall
comply with the requirements of section
2950.03 of the
Revised
Code. Additionally, in the circumstances
described in
division
(G) of section 2929.14 of the Revised Code,
the court
shall impose
sentence on
the offender as described in
that
division. (5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code. (6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section
2929.32 of the
Revised
Code, the court shall consider the
offender's present and
future ability to
pay the amount of the
sanction or fine.
(7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section
2929.36 of the Revised
Code, and
if the local detention facility is covered by a policy
adopted
pursuant to section 307.93, 341.14, 341.19, 341.21,
341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the Revised Code, both of the
following
apply: (a) The court shall specify both of the following as part of
the sentence: (i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section. (ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
offender as described
in that section. (b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section. (C)(1) If the offender is being sentenced for a fourth
degree felony
OVI offense under division (G)(1) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
term
of
local
incarceration in accordance with that division,
shall impose
a mandatory fine
in accordance with division (B)(3)
of section
2929.18 of the Revised Code,
and, in addition, may
impose
additional sanctions as specified in sections
2929.15,
2929.16,
2929.17, and 2929.18 of the Revised Code. The court
shall
not
impose a prison term on the offender except that the court may impose a prison term upon the offender as provided in division (A)(1) of section 2929.13 of the Revised Code. (2) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
prison
term in accordance with that
division, shall impose a
mandatory
fine in accordance with division (B)(3) of
section
2929.18 of the
Revised Code, and, in addition, may impose an
additional prison
term as specified in section 2929.14 of the
Revised Code.
In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the
court also may impose a community control
sanction on the
offender, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval.
Sec. 2930.16. (A) If a defendant is incarcerated,
a victim in a case who has requested to receive notice under this section
shall be given notice of the incarceration of the defendant. If an alleged
juvenile offender
is committed to the temporary custody of a
school, camp, institution, or other facility operated for the
care of delinquent children or to the legal custody of the
department of youth services, a victim in a case who has
requested to receive notice under this section shall be given
notice of the commitment. Promptly after
sentence is imposed upon the defendant or the commitment of the alleged
juvenile offender
is ordered, the prosecutor in the
case shall notify the victim of the date on which the defendant
will be released from confinement or the prosecutor's
reasonable
estimate of that date or the date on which the alleged juvenile offender
will
have served the minimum period of commitment or the prosecutor's reasonable
estimate of that date. The prosecutor also shall notify the
victim of the name of the custodial agency of the defendant or alleged
juvenile offender and
tell the victim how to contact that custodial agency. If the custodial
agency is the department of youth
services, the prosecutor shall notify the victim of the services
provided by the office of victims' services within the release
authority of the department pursuant to section 5139.55 of the
Revised
Code and the victim's right
pursuant to section 5139.56 of the
Revised
Code to submit a written
request to the release authority to be notified of actions the
release authority takes with respect to the alleged juvenile
offender. The victim
shall keep the custodial agency informed of the victim's current
address and telephone number. (B)(1) Upon the victim's request, the prosecutor promptly shall
notify the
victim of any hearing for judicial release of the defendant pursuant to
section 2929.20 of the Revised Code or of any hearing for judicial release
or early release of the alleged juvenile offender pursuant to section 2151.38
of the
Revised Code and of the victim's right to make a
statement under those sections. The court shall
notify the victim of its ruling
in each of those hearings and on each of those
applications. (2) Upon the request of a victim of a crime that is If an offender is convicted of or pleads guilty to a
sexually violent sex offense and that is committed by or designated homicide, assault, or kidnapping offense, if the offender is adjudicated a sexually violent
predator who in relation to that crime, and if the offender is sentenced to a prison term for that crime pursuant to division
(A)(3) of section 2971.03 of the Revised Code, upon the request of the victim of the crime, the prosecutor promptly
shall notify the victim of any hearing to be conducted pursuant
to section 2971.05 of the Revised Code to determine whether to
modify the requirement that the offender serve the entire prison
term in a state correctional facility in accordance with
division (C) of that section,
whether to continue, revise, or revoke any existing modification
of that requirement, or whether to terminate the prison term in
accordance with division (D) of
that section. The court shall notify the victim of any order
issued at the conclusion of the hearing.
As used in this
division,: (a) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section. (b) "Designated homicide, assault, or kidnapping offense" and "sexually violent sex offense" and "sexually violent
predator" have the same meanings as in section 2971.01 of the Revised Code. (C) Upon the victim's request made at any time before the
particular notice would be due, the custodial agency of a
defendant or alleged juvenile offender shall give the victim any of
the following notices that is applicable: (1) At least three weeks before the adult parole authority
recommends a pardon or commutation of sentence for the
defendant or at least three weeks prior to a hearing before the
adult parole authority regarding a grant of parole to the
defendant, notice of the victim's right to submit a statement
regarding the impact of the defendant's release in accordance
with section 2967.12 of the Revised Code and, if applicable, of the
victim's right to appear at a full board hearing of the parole board to give
testimony as authorized by section 5149.101 of the Revised Code; (2) At least three weeks before the defendant is
transferred to transitional control under
section 2967.26 of
the Revised Code, notice of the pendency of the
transfer
and
of the victim's right under that section to
submit a statement regarding the impact of the transfer; (3) At least thirty days before the release authority of the
department of youth services holds a release review, release
hearing, or discharge review for the alleged juvenile offender, notice of the
pendency of the review or hearing, of the victim's right to make
an oral or written statement regarding the impact of the crime
upon the victim or regarding the possible release or discharge,
and, if the notice pertains to a hearing, of the victim's right
to attend and make statements or comments at the hearing as
authorized by section 5139.56 of the
Revised
Code; (4) Prompt notice of the defendant's or alleged juvenile offender's
escape
from a facility of the custodial agency in which the
defendant was incarcerated or in which the alleged juvenile offender was
placed after
commitment, of the defendant's or alleged juvenile offender's
absence without leave from a
mental health or mental
retardation and developmental disabilities facility or from other
custody, and of the capture of the defendant or alleged juvenile
offender after an
escape or absence; (5) Notice of the defendant's or alleged juvenile
offender's death while in
confinement or custody; (6) Notice of the defendant's or alleged juvenile
offender's release from confinement
or custody and
the terms and conditions of
the release.
Sec. 2941.148. (A) The application of Chapter 2971. of the Revised Code to
an offender is precluded unless the indictment, count in the
indictment, or information charging the sexually violent sex offense or
charging the designated homicide, assault, or kidnapping offense
also includes a specification that the offender is a sexually
violent predator, or the indictment, count in the indictment, or information charging the designated homicide, assault, or kidnapping offense also includes both a specification of the type described in section 2941.147 of the Revised Code and a specification that the offender is a sexually violent predator. The specification that the offender is a sexually violent predator shall be stated at the end
of the body of the indictment, count, or information and shall be
stated in substantially the following form: "Specification (or, specification to
the first count). The grand jury (or insert the person's or
prosecuting attorney's name when appropriate) further find and
specify that the offender is a sexually violent predator." (B) In determining for purposes of this section whether a person
is a sexually violent predator, all of the factors set forth in divisions
(H)(1) to (6) of section 2971.01 of the Revised Code that
apply regarding the person may be considered as evidence tending to indicate
that it is likely that the person will engage in the future in one or
more sexually violent offenses. (C) As used in this section, "designated homicide, assault, or
kidnapping offense," "sexually violent sex offense," and
"sexually violent predator" have the same meanings as in section 2971.01 of
the Revised Code.
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
or 2929.26
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
to whom both
of the following apply: (1) The person is convicted of or pleads guilty to a
sexually oriented offense that is not a registration-exempt sexually oriented offense, or the person is adjudicated a
delinquent
child for committing on or after
January 1, 2002, a
sexually oriented offense that is not a registration-exempt 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) One of the following applies to the person: (a) Regarding a person who is an offender, the person
previously
was convicted of or pleaded
guilty to one or
more
sexually oriented offenses or child-victim oriented offenses
or
previously
was adjudicated a
delinquent
child for
committing one or more
sexually oriented
offenses or child-victim oriented offenses
and was
classified a
juvenile offender registrant or
out-of-state
juvenile
offender registrant based on one or more
of those
adjudications,
regardless of when the offense was
committed and
regardless of the
person's age at the time of
committing the
offense. (b) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more sexually oriented offenses or child-victim oriented offenses,
regardless of when the offense was committed and regardless of the
person's age at the time of committing the offense. (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)
Any of
the
following
violations or offenses
committed by
a person
eighteen years of age or older: (a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the Revised
Code; (b) Any of the following offenses involving a minor, in
the
circumstances specified: (i) A violation of division (A)(4) of section 2905.01 or section 2907.04, 2907.06, or 2907.08 of the
Revised Code,
when the victim
of the offense is under eighteen
years of age; (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; (iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code; (iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code; (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; (vi) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, of section 2903.211, 2905.02, 2905.03, or 2905.05, or of former section 2905.04 of the Revised Code, when the victim of the offense is under eighteen years of age and the offense is committed with a sexual motivation. (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 sexual motivation; (d) A sexually violent sex offense, or a designated homicide, assault, or kidnapping offense if the offender also was convicted of or pleaded guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the designated homicide, assault, or kidnapping offense; (e) A violation of section 2907.06 or 2907.08 of the Revised Code when the victim of the offense is eighteen years of age or older, or a violation of section 2903.211 of the Revised Code when the victim of the offense is eighteen years of age or older and the offense is committed with a sexual motivation; (f) A violation of any former law of this state, any
existing or former municipal
ordinance
or law of another state or
the United States,
any existing or former law applicable in a
military court or
in an
Indian tribal court, or any existing or former law of any nation other than the United States, that
is or was
substantially equivalent to any
offense listed in
division
(D)(1)(a),
(b), (c),
(d), or (e) of this
section; (g) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(b), (c), (d),
(e), or (f) of this section. (2) An act committed by a person under eighteen years of age
that is
any of the following: (a)
Subject to
division (D)(2)(i) of this section,
regardless of the age of the
victim of the
violation, a violation
of section 2907.02, 2907.03,
2907.05, or 2907.07 of
the Revised Code; (b) Subject to division (D)(2)(i) of this section, any of
the following acts involving a minor in the circumstances
specified: (i) A violation of division (A)(4) of section 2905.01 or section 2907.06 or 2907.08 of the
Revised
Code,
when the
victim of the violation is under eighteen years of age; (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; (iii) A violation of division (B)(5) of section 2919.22 of
the Revised Code when the child who is involved in the violation
is under eighteen years of age; (iv) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, section 2903.211, or former section 2905.04 of the Revised Code, when the victim of the violation is under eighteen years of age and the offense is committed with a sexual motivation. (c) Subject to division (D)(2)(i) of this section, any
sexually of the following: (i) Any violent sex offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(ii) Any designated homicide, assault, or kidnapping offense if that offense, if committed by an adult, would be a felony of the first, second, third, or fourth degree and if the court determined that, if the child was an adult, the child would be guilty of a sexual motivation specification regarding that offense.
(d) Subject to division (D)(2)(i) 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
sexual motivation;
(e) Subject to division (D)(2)(i) 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
violation; (f) Subject to division (D)(2)(i) of this section, a violation of section 2907.06 or 2907.08 of the Revised Code when the victim of the violation is eighteen years of age or older, or a violation of section 2903.211 of the Revised Code when the victim of the violation is eighteen years of age or older and the offense is committed with a sexual motivation; (g) Subject to division (D)(2)(i) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
any existing or former law applicable in a military court or in
an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to
any offense listed in division (D)(2)(a), (b), (c), (d), (e), or (f) of
this section and that, if committed by an adult, would be a felony
of the first, second, third, or fourth degree; (h) Subject to division (D)(2)(i) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (D)(2)(a), (b), (c),
(d), (e), (f), or (g) of this section; (i) 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
to whom either of
the
following applies: (1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense that is not a registration-exempt 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 that is not a registration-exempt sexually oriented offense, was fourteen years of age
or older at
the time of committing the offense, was classified a
juvenile
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,
under a community control sanction, 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"
or "adjudicated a sexual predator" if any of
the following applies
and if, regarding a delinquent child, 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 that is not a registration-exempt sexually oriented offense and also is convicted
of or pleads guilty to, the sexually oriented offense is a violent sex offense or a designated homicide, assault, or kidnapping offense, and the offender is adjudicated a sexually violent predator specification
that was included in the indictment, count in the indictment, or
information that charged the sexually violent in relation to that 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 that is not a registration-exempt 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 that is not a registration-exempt sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has been
classified a juvenile 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
section
2152.82, 2152.83,
2152.84,
or
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 that is not a registration-exempt 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. (5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
has been convicted of or pleaded guilty to,
or
is adjudicated a
delinquent child for committing a sexually
oriented offense that is not a registration-exempt sexually oriented offense in
another state, in a federal court, military
court, or Indian
tribal court, or in a court in any nation other than the United States, as a result of that conviction,
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, on or after July 1, 1997,
for offenders or
January 1, 2002, 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 five days or the offender is required under section 2950.04 of the Revised Code to register a school, institution of higher education, or place of employment address in this state,
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," "sexual motivation specification," designated homicide, assault, or kidnapping offense," and "violent sex 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 offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim 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
a
juvenile
offender registrant and
specifies has a duty to
comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code if the child committed a sexually oriented offense or with sections 2950.041, 2950.05, and 2950.06 of the Revised Code if the child committed a child-victim oriented offense. "Juvenile offender registrant" includes a person who, prior to July 31, 2003, was a "juvenile sex offender registrant" under the former definition of that former term. (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 offender registrant" means a
person who is adjudicated a delinquent child in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, who on or after
January 1,
2002, moves to and
resides in this
state or temporarily is
domiciled in this state
for more than
five days, and who has a duty under
section 2950.04 of the
Revised Code to register in this
state and the duty to otherwise comply with that section and sections 2950.05 and 2950.06 of the Revised Code if the child committed a sexually oriented offense or has a duty under section 2950.041 of the Revised Code to register in this state and the duty to otherwise comply with that section and sections 2950.05 and 2950.06 of the Revised Code if the child committed a child-victim oriented offense. "Out-of-state juvenile offender registrant" includes a person who, prior to July 31, 2003, was an "out-of-state juvenile sex offender registrant" under the former definition of that former term.
(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.
(N) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense. (O) "Aggravated sexually oriented offense" means a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after June 13, 2002, or a violation of division (A)(2) of that section committed on or after July 31, 2003. (P)(1) "Presumptive registration-exempt sexually oriented offense" means any of the following sexually oriented offenses described in division (P)(1)(a), (b), (c), (d), or (e) of this section, when the offense is committed by a person who previously has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section, any other sexually oriented offense, or any child-victim oriented offense and when the victim or intended victim of the offense is eighteen years of age or older: (a) Any sexually oriented offense listed in division (D)(1)(e) or (D)(2)(f) of this section committed by a person who is eighteen years of age or older or, subject to division (P)(1)(e) of this section, committed by a person who is under eighteen years of age;
(b) Any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is committed by a person who is eighteen years of age or older and that is or was substantially equivalent to any sexually oriented offense listed in division (P)(1)(a) of this section;
(c) Subject to division (P)(1)(e) of this section, any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is committed by a person who is under eighteen years of age, that is or was substantially equivalent to any sexually oriented offense listed in division (P)(1)(a) of this section, and that would be a felony of the fourth degree if committed by an adult;
(d) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (P)(1)(a) or (b) of this section if the person is eighteen years of age or older or, subject to division (P)(1)(e) of this section, listed in division (P)(1)(a) or (c) of this section if the person is under eighteen years of age.
(e) Regarding an act committed by a person under eighteen years of age, if the child's case has been transferred for criminal prosecution under section 2152.12 of the Revised Code, the act is any sexually oriented offense listed in division (P)(1)(a), (b), or (d) of this section.
(2) "Presumptive registration-exempt sexually oriented offense" does not include any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section that is committed by a person who previously has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section or any other sexually oriented offense.
(Q)(1) "Registration-exempt sexually oriented offense" means any presumptive registration-exempt sexually oriented offense, if a court does not issue an order under section 2950.021 of the Revised Code that removes the presumptive exemption and subjects the offender who was convicted of or pleaded guilty to the offense to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense or that removes the presumptive exemption and potentially subjects the child who was adjudicated a delinquent child for committing the offense to classification as a juvenile offender registrant under section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense.
(2) "Registration-exempt sexually oriented offense" does not include a presumptive registration-exempt sexually oriented offense if a court issues an order under section 2950.021 of the Revised Code that removes the presumptive exemption and subjects the offender or potentially subjects the delinquent child to the duties and responsibilities described in division (Q)(1) of this section. (R)
"School" and "school premises" have the same meanings as in section 2925.01 of the Revised Code. (S)(1) "Child-victim oriented offense" means any of the following:
(a) Subject to division (S)(2) of this section, any of the following violations or offenses committed by a person eighteen years of age or older, when the victim of the violation is under eighteen years of age and is not a child of the person who commits the violation:
(i) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of former section 2905.04 of the Revised Code;
(ii) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (S)(1)(a)(i) of this section;
(iii) An attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (S)(1)(a)(i) or (ii) of this section.
(b) Subject to division (S)(2) of this section, an act committed by a person under eighteen years of age that is any of the following, when the victim of the violation is under eighteen years of age and is not a child of the person who commits the violation:
(i) Subject to division (S)(1)(b)(iv) of this section, a violation of division (A)(1), (2), (3), or (5) of section 2905.01 or of former section 2905.04 of the Revised Code;
(ii) Subject to division (S)(1)(b)(iv) of this section, any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (S)(1)(b)(i) of this section and that, if committed by an adult, would be a felony of the first, second, third, or fourth degree;
(iii) Subject to division (S)(1)(b)(iv) of this section, any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (S)(1)(b)(i) or (ii) of this section;
(iv) 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 (S)(1)(a)(i), (ii), or (iii) of this section or would be any offense listed in any of those divisions if committed by an adult.
(2) "Child-victim oriented offense" does not include any offense identified in division (S)(1)(a) or (b) of this section that is a sexually violent offense. An offense identified in division (S)(1)(a) or (b) of this section that is a sexually violent offense is within the definition of a sexually oriented offense.
(T)(1) "Habitual child-victim 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 to whom both of the following apply:
(a) The person is convicted of or pleads guilty to a child-victim oriented offense, or the person is adjudicated a delinquent child for committing on or after January 1, 2002, a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, and is classified a juvenile offender registrant based on that adjudication.
(b) One of the following applies to the person:
(i) Regarding a person who is an offender, the person previously was convicted of or pleaded guilty to one or more child-victim oriented offenses or previously was adjudicated a delinquent child for committing one or more child-victim oriented offenses and was classified a juvenile offender registrant or out-of-state juvenile offender registrant based on one or more of those adjudications, regardless of when the offense was committed and regardless of the person's age at the time of committing the offense.
(ii) Regarding a delinquent child, the person previously was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing one or more child-victim oriented offenses, regardless of when the offense was committed and regardless of the person's age at the time of committing the offense.
(2) "Habitual child-victim offender" includes a person who has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and who, on and after the effective date of this amendment July 31, 2003, is automatically classified a habitual child-victim offender pursuant to division (E) of section 2950.091 of the Revised Code.
(U) "Child-victim predator" means a person to whom either of the following applies:
(1) The person has been convicted of or pleaded guilty to committing a child-victim oriented offense and is likely to engage in the future in one or more child-victim oriented offenses.
(2) The person has been adjudicated a delinquent child for committing a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, was classified a juvenile offender registrant based on that adjudication, and is likely to engage in the future in one or more child-victim oriented offenses.
(V) An offender or delinquent child is "adjudicated as being a child-victim predator" or "adjudicated a child-victim predator" if any of the following applies and if, regarding a delinquent child, that status has not been removed pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised Code:
(1) The offender or delinquent child has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and, on and after July 31, 2003, is automatically classified a child-victim predator pursuant to division (A) of section 2950.091 of the Revised Code.
(2) Regardless of when the child-victim oriented offense was committed, on or after July 31, 2003, the offender is sentenced for a child-victim oriented offense, and the sentencing judge determines pursuant to division (B) of section 2950.091 of the Revised Code that the offender is a child-victim predator.
(3) The delinquent child is adjudicated a delinquent child for committing a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, and has been classified a juvenile 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 section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the delinquent child is a child-victim predator.
(4) Prior to the effective date of this section July 31, 2003, the offender was convicted of or pleaded guilty to a child-victim oriented offense, at the time of the conviction or guilty plea, the offense was considered a sexually oriented offense, on or after July 31, 2003, the offender is serving a term of imprisonment in a state correctional institution, and the court determines pursuant to division (C) of section 2950.091 of the Revised Code that the offender is a child-victim predator.
(5) Regardless of when the child-victim oriented offense was committed, the offender or delinquent child is convicted, pleads guilty, has been convicted, pleaded guilty, or adjudicated a delinquent child in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a child-victim oriented offense, as a result of that conviction, 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 child-victim offender or sex offender until the offender's or delinquent child's death, and, on or after July 1, 1997, for offenders or January 1, 2002, 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 five days or the offender is required under section 2950.041 of the Revised Code to register a school, institution of higher education, or place of employment address in this state, unless a court of common pleas or juvenile court determines that the offender or delinquent child is not a child-victim predator pursuant to division (F) of section 2950.091 of the Revised Code.
(W) "Residential premises" means the building in which a residential unit is located and the grounds upon which that building stands, extending to the perimeter of the property. "Residential premises" includes any type of structure in which a residential unit is located, including, but not limited to, multi-unit buildings and mobile and manufactured homes.
(X) "Residential unit" means a dwelling unit for residential use and occupancy, and includes the structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or two or more persons who maintain a common household. "Residential unit" does not include a halfway house or a community-based correctional facility.
(Y) "Multi-unit building" means a building in which is located more than twelve residential units that have entry doors that open directly into the unit from a hallway that is shared with one or more other units. A residential unit is not considered located in a multi-unit building if the unit does not have an entry door that opens directly into the unit from a hallway that is shared with one or more other units or if the unit is in a building that is not a multi-unit building as described in this division. (Z) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(AA) "Halfway house" and "community-based correctional facility" have the same meanings as in section 2929.01 of the Revised Code.
(BB) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section.
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 that is not a registration-exempt sexually oriented offense and who has a duty to register pursuant
to section 2950.04
of the Revised Code, each person who is
adjudicated a delinquent child for
committing a
sexually oriented
offense that is not a registration-exempt sexually oriented offense and who is classified a juvenile
offender registrant based on
that adjudication, each person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a child-victim oriented offense and has a duty to register pursuant to section 2950.041 of the Revised Code, and each person who is adjudicated a delinquent child for committing a child-victim oriented offense and who is classified a juvenile offender registrant based on that adjudication shall be
provided
notice in accordance with
this section of the offender's
or
delinquent child's duties imposed under sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and of the offender's duties to similarly register, provide notice of a change, and verify addresses in another state if the offender resides, is temporarily domiciled, attends a school or institution of higher education, or is employed in a state other than this state. A person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a sexually oriented offense that is a registration-exempt sexually oriented offense, and a person who is or has been adjudicated a delinquent child for committing a sexually oriented offense that is a registration-exempt sexually oriented offense, does not have a duty to register under section 2950.04 of the Revised Code based on that conviction, guilty plea, or adjudication, and no notice is required to be provided to that person under this division based on that conviction, guilty plea, or adjudication. The following
official shall
provide the notice required under this division to the specified person at the
following time: (1) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the
person is an offender
who is sentenced
for the sexually
oriented offense or child-victim 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. This division applies to a child-victim oriented offense if the offender is sentenced for the offense on or after the effective date of this amendment July 31, 2003, or if, prior to the effective date of this amendment July 31, 2003, the child-victim oriented offense was a sexually oriented offense and the offender was sentenced as described in this division for the child-victim oriented offense when it was designated a sexually oriented offense. If a person was provided notice under this division prior to the effective date of this amendment July 31, 2003, in relation to an offense that, prior to the effective date of this amendment July 31, 2003, was a sexually oriented offense but that, on and after the effective date of this amendment July 31, 2003, is a child-victim oriented offense, the notice provided under this division shall suffice for purposes of this section as notice to the offender of the offender's duties under sections 2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a result of the conviction of or plea of guilty to the child-victim oriented offense.
(2) Regardless of when the person committed the sexually
oriented offense or child-victim oriented offense, if the
person is an offender
who is sentenced
for
the sexually oriented offense on
or after January 1,
1997, or who is sentenced for the child-victim oriented offense on or after the effective date of this amendment July 31, 2003,
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. If a person was provided notice under this division prior to the effective date of this amendment July 31, 2003, in relation to an offense that, prior to the effective date of this amendment July 31, 2003,, was a sexually oriented offense but that, on and after the effective date of this amendment July 31, 2003,, is a child-victim oriented offense, the notice so provided under this division shall suffice for purposes of this section as notice to the offender of the offender's duties under sections 2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a result of the conviction of or plea of guilty to the child-victim oriented offense. (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 offender's duties imposed under sections 2950.04, 2950.05, and 2950.06 of the Revised Code. (4) If the
person is an offender of the type
described in neither
division (A)(1), (2), nor (3) of this section applies and if, subsequent to
release, the
offender is adjudicated a sexual predator
pursuant to
division (C) of section 2950.09 of the Revised Code or a child-victim predator pursuant to division (C) of section 2950.091 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
a
juvenile offender
registrant, the judge
shall
provide the
notice to the delinquent child at the time specified in division (B) of section 2152.82, division (D) of section 2152.83, division (C) of section 2152.84, or division (E) of section 2152.85 of the Revised Code, whichever is applicable. If a delinquent child was provided notice under this division prior to the effective date of this amendment July 31, 2003, in relation to an offense that, prior to the effective date of this amendment July 31, 2003, was a sexually oriented offense but that, on and after the effective date of this amendment July 31, 2003, is a child-victim oriented offense, the notice so provided under this division shall suffice for purposes of this section as notice to the delinquent child of the delinquent child's duties under sections 2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a result of the adjudication as a delinquent child for the child-victim oriented offense. (6) If the person is an offender in any category described in division (A)(1), (2), (3), or (4) of this section and if, prior to the effective date of this amendment July 31, 2003, the offender was provided notice of the offender's duties in accordance with that division, not later than ninety days after the effective date of this amendment July 31, 2003, the sheriff with whom the offender most recently registered or verified an address under section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code shall provide notice to the offender of the offender's duties imposed on and after the effective date of this amendment July 31, 2003, pursuant to any of those sections to register a school, institution of higher education, or place of employment address, provide notice of a change of that address, and verify that address. The sheriff may provide the notice to the offender at the time the offender registers, provides notice of a change in, or verifies a residence, school, institution of higher education, or place of employment address under any of those sections within the specified ninety-day period. If the offender does not so register, provide notice of a change in, or verify an address within the specified ninety-day period, the sheriff shall provide the notice to the offender by sending it to the offender at the most recent residence address available for the offender. If the offender was required to register prior to the effective date of this amendment July 31, 2003, and failed to do so, the failure to register constitutes a waiver by the offender of any right to notice under this division. If the offender has not registered prior to the effective date of this amendment July 31, 2003, the offender is presumed to have knowledge of the law and of the duties referred to in this division that are imposed on and after the effective date of this amendment July 31, 2003. If an offender does not receive notice under this division, the offender is not relieved of any of the duties described in this division. (7) If the person is an offender or delinquent child who has a duty to register in this state pursuant to division (A)(3) of section 2950.04 or 2950.041 of the Revised Code, the offender or delinquent child is presumed to have knowledge of the law and of the offender's or delinquent child's duties imposed under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. (B)(1) The notice provided under division (A) of this
section shall inform the offender
or delinquent child of the offender's or delinquent child's
duty
to register, to provide notice of a change in the
offender's
or
delinquent child's residence address or in the offender's school, institution of higher education, or place of employment address, as applicable, and register
the new
address, to periodically verify the offender's or delinquent child's residence address
or the offender's school, institution of higher education, or place of employment address, as applicable, and, if applicable, to provide notice of the offender's or delinquent child's intent to reside, pursuant to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code. The notice shall specify that, for an offender, it applies regarding residence addresses or school, institution of higher education, and place of employment addresses and that, for a delinquent child, it applies regarding residence addresses. Additionally, it shall inform the offender of the offender's duties to similarly register, provide notice of a change in, and verify those addresses in states other than this state as described in division (A) of this section. A notice provided under division (A)(6) of this section shall state the new duties imposed on the offender on and after the effective date of this amendment July 31, 2003, to register, provide notice of a change in, and periodically verify, a school, institution of higher education, or place of employment address and specify that the new duties are in addition to the prior duties imposed upon the offender. A notice provided under division (A)(1), (2), (3), (4), or (5) of this section shall
comport
with the following: (a) If the notice is provided
to an offender under division
(A)(3) of this
section, the notice shall state the offender's duties to register, to file a notice of intent to reside, if applicable,
to register a new
residence address or new school, institution of higher education, or place of employment address, and to periodically verify those addresses, the offender's duties in other states as described in division (A) of this section,
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 stating
that the offender's duties to register, to file a notice of intent to reside, if applicable, to
register a new
residence address or new school, institution of higher education, or place of employment address, and to periodically verify those addresses, and the offender's duties in other states as described in division (A) of this section
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 stating
that the
delinquent child's duties to
register, to file a notice of intent to reside, if applicable, to register a new
residence
address, and to periodically
verify that
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. (2) The notice provided under divisions (A)(1) to (6) of this
section shall be on a form prescribed by the bureau of criminal identification and investigation and shall contain all of the information specified in division (A) of this section and all of the information
required by the bureau. The notice provided under divisions (A)(1) to (5) of this section shall include, but is not limited to,
all of the following: (a) For any notice provided under division (A)(1) to (5) of this section, a statement as to
whether
the offender
or delinquent
child has been adjudicated a
sexual predator or a child-victim predator relative to
the sexually oriented offense or child-victim oriented offense
in
question, a statement as to
whether the offender
or delinquent
child has been determined to be
a habitual sex offender or habitual child-victim offender,
a statement as to whether the offense for
which the offender has the duty to register is an aggravated
sexually oriented offense, an
explanation of the offender's periodic residence address or periodic school, institution of higher education, or place of employment
address verification process
or of the delinquent child's periodic residence address verification process, an explanation of the frequency with which the
offender
or delinquent child
will be required to verify those addresses under that
process, a statement that the
offender
or delinquent child
must verify those addresses at
the times specified under
that process or face criminal
prosecution
or a delinquent child
proceeding, and an explanation of the offender's duty to similarly register, verify, and reregister those addresses in another state if the offender resides in another state, attends a school or institution of higher education in another state, or is employed in another state. (b) If the notice is provided under division (A)(4) of
this
section,
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 or 2950.041 of the
Revised Code,
the offender must register
again pursuant to
division (A)(6) of
that section; (c) If the notice is provided under division (A)(5) of this section, a statement that the delinquent child has been classified by the adjudicating juvenile court judge or the judge's successor in office a juvenile offender registrant and has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code; (d) If the notice is provided under division (A)(5) of this
section, a statement that, if the delinquent
child fails to comply with the requirements of sections 2950.04, 2950.041,
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. (3)(a) After an offender described in division (A)(1), (2),
or (4) of this section has signed the form described in divisions
(B)(1) and (2) of this section or the official, official's designee, or
judge has certified on
the form that
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. (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 divisions (B)(1) and (2) 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 divisions (A)(1) to (5) of this section
shall do all of the following: (1) If the notice is provided under division (A)(1), (2),
(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 in this state or any other state, 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. Regarding an offender, the official, designee, or judge also shall obtain from the offender the offender's current or expected future school, institution of higher education, or place of employment address in this state, if any. If the notice
is provided by a judge under division (A)(2), (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, to the sheriff
of the county in which the offender
or delinquent child expects to
reside, and, regarding an offender, to the sheriff of the county, if any, in which the offender attends or will attend a school or institution of higher education or is or will be employed.
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 in this state or any other state, 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.
Regarding an offender, the chief or sheriff also shall obtain from the offender the offender's current or expected future school, institution of higher education, or place of employment address in this state, if any. 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, and, regarding an offender, to the sheriff of the county, if any, in which the offender attends or will attend a school or institution of higher education or is or will be employed. 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. 2950.031. (A) No person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to either a
sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense shall establish a residence or occupy
residential premises within one thousand feet of any school
premises. (B) An owner or lessee of real property that is located
within one thousand feet of any school premises has a cause of
action for injunctive relief against If a person who to whom division (A) of this section applies violates
division (A) of this section by establishing a residence or
occupying residential premises within
one thousand feet of those any
school premises, an owner or lessee of real property that is located within one thousand feet of those school premises, or the prosecuting attorney, village solicitor, city or township director of law, similar chief legal officer of a municipal corporation or township, or official designated as a prosecutor in a municipal corporation that has jurisdiction over the place at which the person establishes the residence or occupies the residential premises in question, has a cause of action for injunctive relief against the person. The owner or lessee plaintiff
shall not be required to
prove irreparable harm in order to obtain
the relief.
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
that is not a registration-exempt sexually oriented offense shall
register
personally with
the sheriff of the
county
within
five days of
the offender's coming into a county in which the
offender resides
or temporarily is domiciled for more than five
days, shall register personally with the sheriff of the county immediately upon coming into a county in which the offender attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender resides or has a temporary domicile in this state or another state, shall register personally with the sheriff of the county in which the offender is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year, shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state more than fourteen days or for an aggregate period of thirty or more days in that calendar year, and shall register with the sheriff or other appropriate person of the other state immediately upon entering into any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or upon being employed in any state other than this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has a temporary domicile in this state, the other state, or a different state: (a) Regardless of when the sexually oriented offense was
committed,
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, on or after July 1, 1997,
is released in
any manner from the prison term, term of
imprisonment, or
confinement; (b) Regardless of when the sexually oriented offense was
committed,
an offender
who is sentenced for a sexually
oriented
offense on or after July 1, 1997, and
to whom division
(A)(1)(a)
of
this section does not apply;
(c) If the sexually oriented offense was committed prior
to
July 1, 1997,
and neither division (A)(1)(a) nor division
(A)(1)(b) of this section applies,
an offender who,
immediately
prior to
July 1, 1997,
was a habitual sex
offender who was
required to register under Chapter 2950. of the
Revised Code. (2)
Each child who is adjudicated a delinquent
child
for
committing
a sexually oriented offense that is not a registration-exempt sexually oriented offense and who is
classified a
juvenile offender
registrant
based on that adjudication shall
register
personally with the sheriff of the county within five
days of the
delinquent child's coming into a county in which the
delinquent
child resides or temporarily is domiciled for more than
five
days.
If the delinquent child is committed for the
sexually
oriented offense that is not a registration-exempt 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. (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 five 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 five days, and each following type of offender shall register personally with the sheriff of the county immediately upon coming into a county in which the offender attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender resides or has a temporary domicile in this state or another state, shall register personally with the sheriff of the county in which the offender is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than fourteen days or for an aggregate period of thirty days or more in that calendar year, and shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year: (a)
Regardless of when the sexually oriented offense was
committed,
a person who is convicted, pleads
guilty, or
adjudicated a delinquent child in a court in another state, in a federal court,
military court, or
Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense, if, on or after July 1,
1997,
for
offenders, or
January 1,
2002, 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
five days, the offender enters this state to attend any school or institution of higher education on a full-time or part-time basis, or the offender is employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year,
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 five days, the offender enters this state to attend the school or institution of higher education, or the offender is employed in this state for more than the specified period of time,
the offender
or delinquent
child has a
duty to register as a sex
offender or child-victim offender under
the law of
that other
jurisdiction as a result of
the conviction, guilty
plea,
or
adjudication. (b) Regardless of when the sexually oriented offense was
committed,
a person who is convicted of, pleads
guilty to, or is
adjudicated a delinquent child in a court in another state, in a federal court,
military court, or
Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense, if, on or after July 1,
1997,
for
offenders, or
January 1,
2002, for
delinquent
children, the
offender
or delinquent child is
released
from
imprisonment,
confinement,
or detention imposed for
that
offense,
and if, on or
after July 1,
1997,
for
offenders, or
January 1, 2002, 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
five days, the offender enters this state to attend any school or institution of higher education on a full-time or part-time basis, or the offender is employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year.
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 five
days, at the time of entering into this state to attend the school or institution of higher education, or at the time of being employed in this state for the specified period of time, has a duty to
register as a
sex
offender or child-victim 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 five
days, has a duty to
register as a sex offender or child-victim 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
offender registrant pursuant to
section 2152.82 or
division (A) of
section 2152.83 of the Revised
Code. (4) If neither division (A)(1)(a), (2), nor (3) of this section applies and if,
subsequent to the offender's release, the offender is adjudicated
a sexual predator under division (C) of section 2950.09 of
the Revised Code, the offender shall register within five days of
the adjudication with the sheriff of the county in which the
offender resides or temporarily is domiciled for more than five
days, shall register with the sheriff of any county in which
the offender subsequently resides or temporarily is domiciled for
more than five days within five days of coming into that county, shall register within five days of the adjudication with the sheriff of the county in which the offender attends any school or institution of higher education on a full-time or part-time basis or in which the offender is employed if the offender has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has temporary domicile in this state or another state, and shall register within five days of the adjudication with the sheriff or other appropriate person of any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or in which the offender then is employed if the offender has been employed in that state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year regardless of whether the offender resides or has temporary domicile in this state, the other state, or a different state.
(5) A person who is adjudicated a delinquent child for
committing a sexually oriented offense that is not a registration-exempt 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
January 1, 2002, is classified
a juvenile 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. (6) A person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a sexually oriented offense that is a registration-exempt sexually oriented offense, and a person who is or has been adjudicated a delinquent child for committing a sexually oriented offense that is a registration-exempt sexually oriented offense, does not have any duty to register under this section based on that conviction, guilty plea, or adjudication. The exemption of an offender or delinquent child from registration under this division for a conviction of, plea of guilty to, or delinquent child adjudication for a registration-exempt sexually oriented offense does not limit, affect, or supersede any duties imposed upon the offender or delinquent child under this chapter or sections 2152.82 to 2152.85 of the Revised Code for a conviction of, plea of guilty to, or delinquent child adjudication for any other sexually oriented offense or any child-victim oriented offense. (B) An offender
or delinquent child who is required by
division (A) of this section to register in this state 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 include the photograph of the offender or delinquent child who is registering and shall contain all of the following: (1) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1), (2), (3), or (4) of this section as a result of the offender or delinquent child residing in this state or temporarily being domiciled in this state for more than five days, 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, the name and address of the offender's school or institution of higher education if the offender attends one at the time of registration or if the offender knows at the time of registration that the offender will be commencing attendance at that school or institution subsequent to registration, and any other information required by the bureau of
criminal identification and investigation. (2) Regarding an offender who is registering under a duty imposed under division (A)(1), (3), or (4) of this section as a result of the offender attending a school or institution of higher education in this state on a full-time or part-time basis or being employed in this state or in a particular county in this state, whichever is applicable, for more than fourteen days or for an aggregate of thirty or more days in any calendar year, the current address of the school, institution of higher education, or place of employment of the offender who is registering and any other information required by the bureau of criminal identification and investigation. (3) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1), (2), (3), or (4) of this section for any reason, if the
offender
has been adjudicated a
sexual predator relative to the sexually oriented offense in
question, if the delinquent child has been adjudicated a sexual predator relative to the sexually oriented offense in question and the court has not subsequently determined pursuant to
section
2152.84 or
2152.85 of
the Revised Code that the
delinquent child
no longer
is a sexual predator, if
the
judge
determined
pursuant to division (C) of
section 2950.09 or pursuant to
section
2152.82,
2152.83, 2152.84, or 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, or if the offender has the duty to register as a result of the conviction of or plea of guilty to an aggravated sexually oriented offense, the
offender
or
delinquent child
also shall include on the signed, written
registration
form all of the
following information: (a) A specific declaration that the person has been
adjudicated a sexual predator, has been determined to
be a habitual sex offender, or was convicted of or pleaded guilty to an aggravated sexually oriented offense, whichever is applicable; (b) If the offender
or delinquent child has been adjudicated
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. If an offender registers a school, institution of higher education, or place of employment address, or provides a school or institution of higher education address under division (C)(1) of this section, the sheriff also shall provide notice to the law enforcement agency with jurisdiction over the premises of the school, institution of higher education, or place of employment of the offender's name and that the offender has registered that address as a place at which the offender attends school or an institution of higher education or at which the offender is employed. The bureau shall include the information and
materials forwarded to it under this division in the state
registry of sex offenders and child victim 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, and no person who is required to send a notice of intent to reside pursuant to division (G) of this section, shall fail to register or send the notice of intent 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.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is adjudicated a sexual
predator or a habitual sexual offender subject to community
notification under division (C)(2) or (E) of section 2950.09 of
the Revised Code,
or if an offender who is required by division
(A) of this section to register has that duty as a result of a
conviction of or plea of guilty to an aggravated sexually oriented
offense, the offender or delinquent child also shall send
the
sheriff of the county in which the offender or delinquent
child
intends to reside written notice of the offender's or
delinquent
child's intent to reside in the county. The offender or
delinquent
child shall send the notice of intent to reside at
least twenty
days prior to the date the offender or delinquent
child begins to
reside in the county. The notice of intent to
reside shall contain
the following information: (1) The offender's or delinquent child's name; (2) The address or addresses at which the offender or
delinquent child intends to reside; (3) The sexually oriented offense of which the offender was
convicted, to which the offender pleaded guilty, or for which the
child was adjudicated a delinquent child; (4) A statement that the offender has
been adjudicated a sexual predator, a statement that the delinquent child has been adjudicated a sexual predator and that, as of the
date of the notice, the court has not entered a determination that
the delinquent child no longer is a sexual predator,
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, or a statement that the offender was convicted of or
pleaded
guilty to an aggravated sexually oriented offense. (H) If, immediately prior to the effective date of this amendment July 31, 2003, an offender or delinquent child who was convicted of, pleaded guilty to, or adjudicated a delinquent child for committing a sexually oriented offense was required by division (A) of this section to register and if, on or after the effective date of this amendment July 31, 2003, that offense no longer is a sexually oriented offense but instead is designated a child-victim oriented offense, division (A)(1)(c) or (2)(b) of section 2950.041 of the Revised Code applies regarding the offender or delinquent child and the duty to register that is imposed pursuant to that division shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty imposed upon the offender prior to the effective date of this amendment July 31, 2003, under this section.
Sec. 2950.041. (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 child-victim oriented offense shall register personally with the sheriff of the county within five days of the offender's coming into a county in which the offender resides or temporarily is domiciled for more than five days, shall register personally with the sheriff of the county immediately upon coming into a county in which the offender attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender resides or has a temporary domicile in this state or another state, shall register personally with the sheriff of the county in which the offender is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year, shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year, and shall register personally with the sheriff or other appropriate person of the other state immediately upon entering into any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or upon being employed in any state other than this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has a temporary domicile in this state, the other state, or a different state:
(a) Regardless of when the child-victim oriented offense was committed, an offender who is sentenced for the child-victim oriented offense to a prison term, a term of imprisonment, or any other type of confinement and, on or after the effective date of this section July 31, 2003, is released in any manner from the prison term, term of imprisonment, or confinement;
(b) Regardless of when the child-victim oriented offense was committed, an offender who is sentenced for a child-victim oriented offense on or after the effective date of this section July 31, 2003, and to whom division (A)(1)(a) of this section does not apply;
(c) If the child-victim oriented offense was committed prior to the effective date of this section July 31, 2003, if the offense was considered prior to that date to be a sexually oriented offense, and if neither division (A)(1)(a) nor division (A)(1)(b) of this section applies, an offender who, immediately prior to the effective date of this section July 31, 2003, was required to register as a result of conviction of or plea of guilty to the commission of that offense under section 2950.04 of the Revised Code. For any offender who is described in this division, the duty imposed under this division shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty imposed upon the offender prior to the effective date of this section July 31, 2003, under section 2950.04 of the Revised Code.
(2) Each of the following types of delinquent children shall register personally with the sheriff of the county within five days of the delinquent child's coming into a county in which the delinquent child resides or temporarily is domiciled for more than five days:
(a) Regardless of when the child-victim oriented offense was committed, a child who on or after the effective date of this section July 31, 2003, is adjudicated a delinquent child for committing a child-victim oriented offense and who is classified a juvenile offender registrant based on that adjudication. If the delinquent child is committed for the child-victim 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.
(b) If the child-victim oriented offense was committed prior to the effective date of this section July 31, 2003, if the offense was considered prior to that date to be a sexually oriented offense, and if division (A)(2)(a) of this section does not apply, a delinquent child who, immediately prior to the effective date of this section July 31, 2003, was classified a juvenile sex offender registrant and required to register as a result of a delinquent child adjudication for the commission of that offense under section 2950.04 of the Revised Code. For any delinquent child who is described in this division, the duty imposed under this division shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty imposed upon the delinquent child prior to the effective date of this section July 31, 2003, under section 2950.04 of the Revised Code. If the delinquent child is committed for the child-victim oriented offense to the department of youth services or to a secure facility that is not operated by the department, the provisions of division (A)(2)(a) of this section regarding the beginning, and tolling, of a duty imposed under that division also apply regarding the beginning, and tolling, of the duty imposed under this division.
(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 five 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 five days, and each following type of offender shall register personally with the sheriff of the county immediately upon coming into a county in which the offender attends a school or institution of higher education on a full-time or part-time basis regardless of whether the offender resides or has a temporary domicile in this state or another state, shall register personally with the sheriff of the county in which the offender is employed if the offender resides or has a temporary domicile in this state and has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year, and shall register personally with the sheriff of the county in which the offender then is employed if the offender does not reside or have a temporary domicile in this state and has been employed at any location or locations in this state for more than fourteen days or for an aggregate period of thirty or more days in that calendar year:
(a) Regardless of when the child-victim oriented offense was committed, a person who is convicted, pleads guilty, or adjudicated a delinquent child in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a child-victim oriented offense, if, on or after the effective date of this section July 31, 2003, the offender or delinquent child moves to and resides in this state or temporarily is domiciled in this state for more than five days, the offender enters this state to attend any school or institution of higher education on a full-time or part-time basis, or the offender is employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year, 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 five days, the offender enters this state to attend the school or institution of higher education, or the offender is employed in this state for more than the specified period of time, the offender or delinquent child has a duty to register as a child-victim offender or sex offender under the law of that other jurisdiction as a result of the conviction, guilty plea, or adjudication.
(b) Regardless of when the child-victim oriented offense was committed, a person who is convicted, pleads guilty, or adjudicated a delinquent child in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a child-victim oriented offense, if, on or after the effective date of this section July 31, 2003, the offender or delinquent child is released from imprisonment, confinement, or detention imposed for that offense, and if, on or after the effective date of this section July 31, 2003, the offender or delinquent child moves to and resides in this state or temporarily is domiciled in this state for more than five days, the offender enters this state to attend any school or institution of higher education on a full-time or part-time basis, or the offender is employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year. 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 five days, at the time of entering into this state to attend the school or institution of higher education, or at the time of being employed in this state for more than the specified period of time, has a duty to register as a child-victim offender or 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 five days, has a duty to register as a child-victim offender or 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 offender registrant pursuant to section 2152.82 or division (A) of section 2152.83 of the Revised Code.
(4) If neither division (A)(1)(a), (2), nor (3) of this section applies and if, subsequent to the offender's release, the offender is adjudicated a child-victim predator under division (C) of section 2950.09 2950.091 of the Revised Code, the offender shall register within five days of the adjudication with the sheriff of the county in which the offender resides or temporarily is domiciled for more than five days, shall register with the sheriff of any county in which the offender subsequently resides or temporarily is domiciled for more than five days within five days of coming into that county, shall register within five days of the adjudication with the sheriff of the county in which the offender attends any school or institution of higher education on a full-time or part-time basis or in which the offender is employed if the offender has been employed in that county for more than fourteen days or for an aggregate period of thirty or more days in that calendar year regardless of whether the offender resides or has temporary domicile in this state or another state, and shall register within five days of the adjudication with the sheriff or other appropriate person of any state other than this state in which the offender attends a school or institution of higher education on a full-time or part-time basis or in which the offender then is employed if the offender has been employed in this state for more than fourteen days or for an aggregate period of thirty or more days in any calendar year regardless of whether the offender resides or has temporary domicile in this state, the other state, or a different state.
(5) A person who is adjudicated a delinquent child for committing a child-victim 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 section July 31, 2003, is classified a juvenile 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 in this state personally shall do so in the manner described in division (B) of section 2950.04 of the Revised Code, and the registration is complete as described in that division.
(C) The registration form to be used under divisions (A) and (B) of this section shall include the photograph of the offender or delinquent child who is registering and shall contain all of the following:
(1) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1), (2), (3), or (4) of this section as a result of the offender or delinquent child residing in this state or temporarily being domiciled in this state for more than five days, all of the information described in division (C)(1) of section 2950.04 of the Revised Code;
(2) Regarding an offender who is registering under a duty imposed under division (A)(1), (3), or (4) of this section as a result of the offender attending a school or institution of higher education on a full-time or part-time basis or being employed in this state or in a particular county in this state, whichever is applicable, for more than fourteen days or for an aggregate of thirty or more days in any calendar year, all of the information described in division (C)(2) of section 2950.04 of the Revised Code;
(3) Regarding an offender or delinquent child who is registering under a duty imposed under division (A)(1), (2), (3), or (4) of this section, if the offender has been adjudicated a child-victim predator relative to the child-victim oriented offense in question, if the delinquent child has been adjudicated a child-victim predator relative to the child-victim oriented offense in question and the court has not subsequently determined pursuant to section 2152.84 or 2152.85 of the Revised Code that the delinquent child no longer is a child-victim predator, if the offender or delinquent child is automatically classified a habitual child-victim offender under division (E) of section 2950.091 of the Revised Code, or if the judge determined pursuant to division (C) or (E) of section 2950.091 or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the offender or delinquent child is a habitual child-victim 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 information described in division (C)(3) of section 2950.04 of the Revised Code.
(D) Division (D) of section 2950.04 of the Revised Code applies when an offender or delinquent child registers with a sheriff pursuant to this section.
(E) No person who is required to register pursuant to divisions (A) and (B) of this section, and no person who is required to send a notice of intent to reside pursuant to division (G) of this section, shall fail to register or send the notice 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.
(G) If an offender or delinquent child who is required by division (A) of this section to register is adjudicated a child-victim predator or a habitual child-victim offender subject to community notification under division (C)(2) or (E) of section 2950.09 2950.091 of the Revised Code, the offender or delinquent child also shall send the sheriff of the county in which the offender or delinquent child intends to reside written notice of the offender's or delinquent child's intent to reside in the county. The offender or delinquent child shall send the notice of intent to reside at least twenty days prior to the date the offender or delinquent child begins to reside in the county. The notice of intent to reside shall contain all of the following information:
(1) The information specified in divisions (G)(1) and (2) of section 2950.04 of the Revised Code;
(2) The child-victim oriented offense of which the offender was convicted, to which the offender pleaded guilty, or for which the child was adjudicated a delinquent child;
(3) A statement that the offender has been adjudicated a child-victim predator, a statement that the delinquent child has been adjudicated a child-victim predator and that, as of the date of the notice, the court has not entered a determination that the delinquent child no longer is a child-victim predator, or a statement that the sentencing or reviewing judge has determined that the offender or delinquent child is a habitual child-victim 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. Sec. 2950.05. (A) If an offender
or delinquent child is
required to
register
pursuant to section 2950.04 or 2950.041 of the Revised
Code, the offender
or delinquent
child,
at least
twenty days
prior
to
changing the offender's
or delinquent child's residence
address, or the offender, at least twenty days prior to changing the address of the offender's school or institution of higher education and not later than five days after changing the address of the offender's place of employment,
during
the period during which the
offender
or delinquent
child is
required to register, shall provide
written
notice of the
residence, school, institution of higher education, or place of employment address change, as applicable, to the sheriff
with whom the offender
or
delinquent child most recently registered the address
under section 2950.04 or 2950.041 of
the
Revised Code or under division (B) of this section. If a residence address change is not to a fixed address, the offender or delinquent child shall include in that notice a detailed description of the place or places at which the offender or delinquent child intends to stay and, not later than the end of the first business day immediately following the day on which the person obtains a fixed residence address, shall provide that sheriff written notice of that fixed residence address. If a person whose residence address change is not to a fixed address describes in a notice under this division the place or places at which the person intends to stay, for purposes of divisions (C) to (H) of this section, sections 2950.06 to 2950.13 of the Revised Code, and sections 311.171 and 2919.24 of the Revised Code, the place or places so described in the notice shall be considered the person's residence address and registered residence address, until the person provides the written notice of a fixed residence address as described in this division. (B) If an offender
is required to
provide notice of a residence, school, institution of higher education, or place of employment address change under division
(A) of
this section, or a delinquent child is required to provide notice of a residence address change under that division, the offender
or delinquent child, at least
twenty
days prior to
changing the residence, school, or institution of higher education address and not later than five days after changing the place of employment address, as applicable, also shall
register
the new address in the manner described in
divisions (B)
and (C) of section 2950.04 or 2950.041 of the
Revised Code, whichever is applicable, with
the sheriff of
the county in
which the offender's
or delinquent
child's new
address is
located, subject to division (C)
of this
section. If a residence address change is not to a fixed address, the offender or delinquent child shall include in the registration a detailed description of the place or places at which the offender or delinquent child intends to stay and, not later than the end of the first business day immediately following the day on which the person obtains a fixed residence address, shall register with that sheriff that fixed residence address. If a person whose residence address change is not to a fixed address describes in a registration under this division the place or places at which the person intends to stay, for purposes of divisions (C) to (H) of this section, sections 2950.06 to 2950.13 of the Revised Code, and sections 311.171 and 2919.24 of the Revised Code, the place or places so described in the registration shall be considered the person's residence address and registered residence address, until the person registers a fixed residence address as described in this division. (C) Divisions (A) and (B) of this section apply
to a person
who is required to register pursuant to
section 2950.04 or 2950.041 of the
Revised Code regardless of whether the new residence, school, institution of higher education, or place of employment
address is in
this state or in another state. If the new 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 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
residence, school, institution of higher education, or place of employment address or the delinquent child's residence address, a sheriff
promptly
shall
forward the new 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 address is in another state or,
if the new
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 and child-victim 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, school, institution of higher education, or place of employment address, as applicable, to
the appropriate officials in the
other state. (2) When an offender
registers a new
residence, school, institution of higher education, or place of employment
address or a 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 or 2950.041 of the Revised Code, whichever is applicable. (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, school, institution of higher education, or place of employment
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)(1) It is an affirmative defense to a charge of a violation of division (E)(1) of this section that it was impossible for the person to provide the written notice to the sheriff as required under division (A) of this section because of a lack of knowledge, on the date specified for the provision of the written notice, of a residence, school, institution of higher education, or place of employment address change, and that the person provided notice of the residence, school, institution of higher education, or place of employment address change to the sheriff specified in division (A) of this section as soon as possible, but not later than the end of the first business day, after learning of the address change by doing either of the following: (a) The person provided notice of the address change to the sheriff specified in division (A) of this section by telephone immediately upon learning of the address change or, if the person did not have reasonable access to a telephone at that time, as soon as possible, but not later than the end of the first business day, after learning of the address change and having reasonable access to a telephone, and the person, as soon as possible, but not later than the end of the first business day, after providing notice of the address change to the sheriff by telephone, provided written notice of the address change to that sheriff.
(b) The person, as soon as possible, but not later than the end of the first business day, after learning of the address change, provided written notice of the address change to the sheriff specified in division (A) of this section.
(2) It is an affirmative defense to a charge of a violation of division (E)(2) of this section that it was impossible for the person to register the new address with the sheriff or the official of the other state as required under division (B) or (C) of this section because of a lack of knowledge, on the date specified for the registration of the new address, of a residence, school, institution of higher education, or place of employment address change, and that the person registered the new residence, school, institution of higher education, or place of employment address with the sheriff or the official of the other state specified in division (B) or (C) of this section as soon as possible, but not later than the end of the first business day, after learning of the address change by doing either of the following:
(a) The person provided notice of the new address to the sheriff or official specified in division (B) or (C) of this section by telephone immediately upon learning of the new address or, if the person did not have reasonable access to a telephone at that time, as soon as possible, but not later than the end of the first business day, after learning of the new address and having reasonable access to a telephone, and the person, as soon as possible, but not later than the end of the first business day, after providing notice of the new address to the sheriff or official by telephone, registered the new address with that sheriff or official in accordance with division (B) or (C) of this section.
(b) The person, as soon as possible, but not later than the end of the first business day, after learning of the new address, registered the new address with the sheriff or official specified in division (B) or (C) of this section, in accordance with that division.
(G) 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. (H) As used in this section, and in all other sections of the Revised Code that refer to the duties imposed on an offender or delinquent child under this section relative to a change in the offender's or delinquent child's residence, school, institution of higher education, or place of employment address, "change in address" includes any circumstance in which the old address for the person in question no longer is accurate, regardless of whether the person in question has a new address.
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 not a registration-exempt sexually oriented offense, and that if the sexually oriented offense is a sexually violent sex offense and also is
convicted of or pleads guilty to or a designated homicide, assault, or kidnapping offense and the offender is adjudicated a sexually violent predator
specification that was included in the indictment, count in the
indictment, or information charging the sexually violent in relation to that offense,
the conviction of or plea of guilty to the specification offense and the adjudication as a sexually violent predator
automatically classifies the offender as a sexual predator for
purposes of this chapter. If a person is convicted, pleads
guilty, or
adjudicated a delinquent child, in a court in another state, in a federal court,
military court,
or Indian tribal court, or in a court of any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense, and if, as a result of
that conviction,
plea of guilty,
or adjudication, the person is
required, under the
law of the jurisdiction in which the person
was convicted, pleaded
guilty,
or was adjudicated, to register
as
a sex offender until
the person's death, that
conviction, plea of
guilty, or adjudication
automatically
classifies the
person as a
sexual predator
for the purposes of
this chapter, but the
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,
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)(a)
The judge who is to impose sentence on a person who
is
convicted of or pleads guilty to a sexually oriented offense that is not a registration-exempt sexually oriented offense
shall
conduct a hearing to
determine whether the
offender
is a
sexual
predator if
any of the
following
circumstances
apply: (i) 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 not a registration-exempt sexually oriented offense and that is not a
sexually
violent offense. (ii) 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 not a registration-exempt sexually oriented offense, and that either of the following applies: the sexually oriented offense is a sexually violent sex
offense, and a sexually violent predator specification was not
included in the indictment, count in the indictment, or
information charging the sexually violent sex offense; or the sexually oriented offense is a designated homicide, assault, or kidnapping offense and either a sexual motivation specification or a sexually violent predator specification, or both such specifications, were not included in the indictment, count in the indictment, or information charging the designated homicide, assault, or kidnapping offense.
(iii) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after May 7,
2002, for a sexually oriented offense that is not a registration-exempt sexually oriented offense, and that offender was
acquitted of a sexually violent predator specification that was
included in the indictment, count in the indictment, or
information charging the sexually oriented offense. (b) The
judge who is to impose or has
imposed an order of
disposition upon a child who is adjudicated a
delinquent child for
committing on or after January 1, 2002, a
sexually oriented
offense that is not a registration-exempt sexually oriented offense shall conduct a hearing as provided in
this division to
determine whether the child is to be classified
as a sexual
predator if either of the following applies: (i) The judge is required by
section 2152.82 or division
(A) of
section 2152.83 of the Revised Code
to classify the
child a
juvenile offender registrant. (ii) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile offender registrant. (2)
Regarding an offender, the judge shall conduct the
hearing
required by division (B)(1)(a) of this section
prior to
sentencing
and, if the
sexually oriented offense
for which sentence is to be imposed is a felony
and
if the
hearing is being
conducted under division
(B)(1)(a)
of this
section, the
judge may conduct it as part
of the
sentencing
hearing required by
section 2929.19 of the
Revised
Code.
Regarding
a delinquent child, the judge may conduct the
hearing required by
division (B)(1)(b) of this section at the same
time as, or
separate from, the dispositional hearing, as specified
in the
applicable provision of section 2152.82 or 2152.83 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. (3) In making a determination under divisions (B)(1) and
(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, 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. (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)(3) of this section, the
court shall determine by clear and convincing evidence
whether the
subject offender
or delinquent child is a sexual
predator. If
the
court determines that the
subject offender
or delinquent child
is
not a sexual predator, the
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
court has
determined that the offender
or delinquent
child is not a sexual
predator and the reason or reasons why the court determined that the subject offender or delinquent child is not a sexual predator. If the
court
determines by clear
and convincing
evidence that the
subject offender
or
delinquent
child is a sexual
predator, the
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
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.
In any
case in which the sexually oriented offense in question is an
aggravated sexually oriented offense, the court shall specify in the
offender's sentence and the judgment of conviction that contains
the sentence that the offender's offense is an aggravated sexually
oriented offense. 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
court's determination under
this division as to
whether
the offender
or delinquent child is,
or is not, a sexual
predator. (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, if the
indictment, count in the indictment, or
information charging the
offense also included a
sexually violent predator specification,
and if the offender is convicted of or pleads guilty to that
sexually violent predator specification. (C)(1) If a person was convicted of or pleaded guilty to a
sexually oriented offense that is not a registration-exempt 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 do whichever of the following is applicable: (a) If the sexually oriented offense was an offense described in division (D)(1)(c) of section 2950.01 of the Revised Code or was a violent sex offense, the department shall notify the court that sentenced the offender of this fact, and the court shall conduct a hearing to determine whether the offender is a sexual predator. (b) If division (C)(1)(a) of this section does not apply, the department shall determine whether to
recommend that the offender be adjudicated a sexual
predator. In making a determination under this division as to
whether to recommend that the offender be adjudicated a
sexual predator, the department shall consider all relevant
factors, including, but not limited to, all of the factors
specified in divisions (B)(2) and (3) of this section. If the department
determines that it will recommend that the offender be adjudicated
a sexual predator, it immediately shall send the
recommendation to the court that sentenced the offender. If the department determines that it will not recommend that the offender be adjudicated a sexual predator, it immediately shall send its determination to the court that sentenced the offender. In all cases, the department 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 the department of rehabilitation and correction sends to a court a notice under division (C)(1)(a) of this section, the court shall conduct a hearing to determine whether the subject offender is a sexual predator. If, pursuant to division (C)(1)(b) of this section, the
department sends to a court a
recommendation that an offender be adjudicated a sexual predator, the court is not bound by the
department's recommendation, and the court shall conduct a hearing
to determine whether the offender is a sexual predator. In any case, the court
shall not make a
determination as to whether the offender is, or is not, a sexual predator
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. (b) If, pursuant to division (C)(1)(b) of this section, the department sends to the court a determination that it is not recommending that an offender be adjudicated a sexual predator, the court shall not make any determination as to whether the offender is, or is not, a sexual predator but 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 department made its determination or previously has been convicted of or pleaded guilty to a child-victim oriented offense. The court may conduct a hearing to determine whether the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense or a child-victim oriented offense but may make the determination without a hearing. However, 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 contained in sections 2950.10 and 2950.11 of
the Revised Code without a hearing. In determining whether to impose the community notification requirement, the court, in the circumstances described in division (E)(2) of this section, shall apply the presumption specified in that division. 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 or child-victim oriented offense, and, as such,
whether the offender is a habitual sex offender. (c) Upon scheduling a hearing under division
(C)(2)(a) or (b) 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 scheduled under division (C)(2)(a) of this section to
determine whether the offender is a sexual predator, the prosecutor who is given the notice may contact the department of rehabilitation and correction and request that the department provide to the prosecutor all information the department possesses regarding the offender that is relevant and necessary for use in making the determination as to whether the offender is a sexual predator and that is not privileged or confidential under law. If the prosecutor makes a request for that information, the department promptly shall provide to the prosecutor all information the department possesses regarding the offender that is not privileged or confidential under law and that is relevant and necessary for making that determination. A hearing scheduled under division (C)(2)(a) of this section to determine whether the offender is a sexual predator 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 divisions (B)(2) and (3) of this section. After
reviewing all testimony and evidence presented at the sexual
predator hearing and the factors specified in divisions (B)(2) and (3) of
this section, the court shall determine by clear and convincing
evidence whether the offender is a sexual predator. If the court
determines at the sexual predator hearing 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 sexual predator hearing, the court
shall proceed as follows: (i) 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 and previously has not been convicted of or pleaded guilty to a child-victim oriented offense, it shall include in the offender's
institutional record its determinations and the reason or reasons why it determined that the offender is not a sexual predator. (ii) 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 or previously has been convicted of or pleaded guilty to a child-victim oriented offense, it shall include in the
offender's institutional record its determination that the offender is not a sexual predator but is a habitual sex offender and the reason or reasons why it determined that the offender is not a sexual predator, shall attach the determinations and the reason or reasons
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 and the reason or reasons 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 contained in sections 2950.10 and 2950.11 of
the Revised Code. In determining whether to impose the community notification requirements, the court, in the circumstances described in division (E)(2) of this section, shall apply the presumption specified in that division. 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
that requirement, the offender may appeal
the judge's determination that the offender is a habitual sex
offender. (iii) 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
divisions (C)(2)(a) and (c) of this section as to whether the offender is, or is not, a sexual
predator. If the hearing is scheduled under division (C)(2)(b) of this section to determine whether the offender previously has been convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense or whether to subject the offender to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code, upon making the determination, the court shall attach the determination or determinations to the offender's sentence, shall provide a copy 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. In determining whether to impose the community notification requirements, the court, in the circumstances described in division (E)(2) of this section, shall apply the presumption specified in that division. The offender shall not be subject to the 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 that requirement, the offender may appeal the judge's determination that the offender is a habitual sex offender. (3) The changes made in divisions (C)(1) and (2) of this section that take effect on the effective date of this amendment July 31, 2003, do not require a court to conduct a new hearing under those divisions for any offender regarding a sexually oriented offense if, prior to the effective date of this amendment July 31, 2003, the court previously conducted a hearing under those divisions regarding that offense to determine whether the offender was a sexual predator. The changes made in divisions (C)(1) and (2) of this section that take effect on the effective date of this amendment July 31, 2003, do not require a court to conduct a hearing under those divisions for any offender regarding a sexually oriented offense if, prior to the effective date of this amendment July 31, 2003, and pursuant to those divisions, the department of rehabilitation and correction recommended that the offender be adjudicated a sexual predator regarding that offense, and the court denied the recommendation and determined that the offender was not a sexual predator without a hearing, provided that this provision does not apply if the sexually oriented offense in question was an offense described in division (D)(1)(c) of section 2950.01 of the Revised Code. (D)(1)
Division (D)(1) of this section does not apply to
any person who
has been convicted of or pleaded guilty to a sexually
oriented
offense. Division (D) of this section applies only to delinquent children as provided in Chapter 2152. of
the
Revised Code. A person who has been adjudicated
a delinquent
child for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense and
who has been
classified by a juvenile court judge a juvenile
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. A judge who is reviewing a sexual predator determination for a delinquent child under section 2152.84 or 2152.85 of the Revised Code shall comply with this section. At the hearing, the judge shall consider all relevant
evidence and
information, including, but not limited to, the
factors set forth
in division (B)(3) of this section. The
judge
shall not
enter a determination
that the
delinquent child no
longer is a sexual
predator unless the
judge
determines by clear
and convincing
evidence that the
delinquent child is
unlikely to
commit a
sexually oriented offense in the
future. If
the judge
enters a
determination under this division
that the
delinquent child no longer is a
sexual predator, the judge shall
notify
the bureau of criminal
identification and investigation of the
determination and shall include in the notice a statement of the reason or reasons why it determined that the delinquent child no longer is a sexual predator. Upon receipt of the
notification, the bureau
promptly shall notify the sheriff with
whom the delinquent child most
recently registered under section 2950.04
or
2950.05 of the
Revised Code of the determination that the
delinquent child no longer is
a sexual predator.
(2) If an offender
who has been convicted of or pleaded guilty to a sexually oriented offense is classified
a sexual predator pursuant to division (A) of
this section or has been adjudicated a sexual predator relative to the offense as described in division (B) or (C) of this section, subject to division (F) of this section, the
classification or adjudication of the offender as a sexual
predator is permanent and continues in effect until the offender's death and in no case shall the classification or adjudication be removed or terminated. (E)(1) If a person is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is not a registration-exempt 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, or adjudicated a
delinquent child for committing, a sexually oriented
offense or a child-victim oriented offense
and
is a habitual sex
offender. The judge who is to impose or has
imposed an order of
disposition upon a child who is adjudicated a
delinquent child for
committing on or after January 1, 2002, a
sexually oriented
offense that is not a registration-exempt sexually oriented offense shall
determine, prior to entering the
order classifying
the delinquent
child a juvenile offender
registrant,
whether
the delinquent
child previously has been
convicted of or pleaded
guilty to, or adjudicated a
delinquent
child for
committing, a
sexually oriented offense or a child-victim oriented offense
and is a
habitual sex offender,
if either of the following applies: (a) The judge is required by section 2152.82 or division
(A)
of section 2152.83 of the Revised Code to classify the child a
juvenile offender registrant; (b) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile offender registrant. (2) If, under division (E)(1) of this section,
the judge
determines that the
offender
or delinquent child previously has
not been
convicted of or pleaded guilty to, or been
adjudicated a
delinquent child for
committing, a sexually oriented
offense or a child-victim oriented offense
or
that the offender otherwise does not satisfy the
criteria for
being a habitual sex offender, the
judge shall
specify in
the
offender's
sentence
or in the
order classifying the
delinquent
child a juvenile offender registrant that the
judge
has
determined that the offender
or delinquent child is not
a
habitual
sex offender. If, under division (E)(1) of this section, the judge determines that the
offender
or
delinquent child
previously has been convicted of or
pleaded
guilty to, or been
adjudicated a delinquent child for
committing,
a sexually oriented
offense or a child-victim oriented offense
and that the offender
satisfies all
other criteria for being a habitual sex offender,
the offender or delinquent child is a habitual sex offender or habitual child-victim offender and the court shall determine whether to impose a requirement that the offender or delinquent child be subject to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code. In making the determination regarding the possible imposition of the community notification requirement, if at least two of the sexually oriented offenses or child-victim oriented offenses that are the basis of the habitual sex offender or habitual child-victim offender determination were committed against a victim who was under eighteen years of age, it is presumed that subjecting the offender or delinquent child to the community notification provisions is necessary in order to comply with the determinations, findings, and declarations of the general assembly regarding sex offenders and child-victim offenders that are set forth in section 2950.02 of the Revised Code. When a judge determines as described in this division that an offender or delinquent child is a habitual sex offender or a habitual child-victim offender, 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 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
contained in
sections 2950.10
and 2950.11 of
the Revised Code.
Unless the
habitual sex offender
also has been
adjudicated a sexual
predator relative to
the sexually
oriented offense
in question
or the habitual sex offender was
convicted of or pleaded guilty to an aggravated sexually oriented
offense,
the offender
or
delinquent child
shall
be subject
to
those
community
notification provisions
only
if the court
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 offender
registrant. If the court determines pursuant to this division or division (C)(2) of this section that an offender is a habitual sex offender, the determination is permanent and continues in effect until the offender's death, and in no case shall the determination be removed or terminated. If a court in another state, a federal court, military court, or Indian tribal court, or a court in any nation other than the United States determines a person to be a habitual sex offender in that jurisdiction, the person is considered to be determined to be a habitual sex offender in this state. If the court in the other state, the federal court, military court, or Indian tribal court, or the court in the nation other than the United States subjects the habitual sex offender to community notification regarding the person's place of residence, the person, as much as is practicable, is subject to the community notification provisions regarding the person's place of residence that are contained in sections 2950.10 and 2950.11 of the Revised Code, unless the court that so subjected the person to community notification determines that the person no longer is subject to community notification. (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 registration and other
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,
pleaded guilty to, or was adjudicated a delinquent child for
committing, a sexually oriented offense that is not a registration-exempt sexually oriented offense in another state, in a
federal court, a military court, or Indian tribal court, or in a court of any nation other than the United States. (b) As a result of the conviction, 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, pleaded guilty, or was adjudicated to register as a
sex
offender until the offender's
or delinquent child's death. (c) The offender
or delinquent child was automatically
classified a sexual predator under division (A) of this section
in relation to the conviction, 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 registration and other 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
is not substantially similar to a classification as a sexual
predator for purposes of this chapter. If the court enters a determination that the offender or delinquent child is not an adjudicated sexual predator in this state for those purposes, the court shall include in the determination a statement of the reason or reasons why it so determined. (G) If, prior to the effective date of this section, an offender or delinquent child was adjudicated a sexual predator or was determined to be a habitual sex offender under this section or section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and if, on and after the effective date of this amendment July 31, 2003, the sexually oriented offense upon which the classification or determination was based no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, notwithstanding the redesignation of that offense, on and after the effective date of this amendment July 31, 2003, all of the following apply:
(1) Divisions (A)(1) or (2) or (E)(1) and (2) of section 2950.091 of the Revised Code apply regarding the offender or child, and the judge's classification or determination made prior to the effective date of this amendment July 31, 2003, shall be considered for all purposes to be a classification or determination that classifies the offender or child as described in those divisions.
(2) The offender's or child's classification or determination under divisions (A)(1) or (2) or (E)(1) and (2) of section 2950.091 of the Revised Code shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the classification or determination made prior to the effective date of this amendment July 31, 2003.
(3) The offender's or child's duties under this chapter relative to that classification or determination shall be considered for all purposes to be a continuation of the duties related to that classification or determination as they existed prior to the effective date of this amendment July 31, 2003.
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, either a sexually
oriented offense
that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, or a person is
adjudicated a delinquent child for committing either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is classified a juvenile
offender registrant or is
an out-of-state juvenile offender registrant based on that
adjudication, and if the offender
or
delinquent child
is in any
category specified in division (F)(1)(a), (b), or (c) of this
section, the
sheriff
with whom the
offender
or delinquent
child
has
most recently
registered under
section
2950.04, 2950.041, or
2950.05 of
the
Revised Code
and the sheriff to whom the offender or
delinquent child most
recently sent a notice of intent to reside
under section 2950.04
or 2950.041 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
persons described in divisions (A)(1) to (9) of this section. If the sheriff has sent a notice to the persons described in those divisions as a result of receiving a notice of intent to reside and if the offender or delinquent child registers a residence address that is the same residence address described in the notice of intent to reside, the sheriff is not required to send an additional notice when the offender or delinquent child registers. The sheriff shall provide the notice to all of the following persons: (1)(a) Any occupant of each residential unit that is located within one
thousand feet of
the offender's
or delinquent
child's residential premises, that
is located within
the county served by the sheriff,
and that is not located in a multi-unit building. Division (D)(3) of this section applies regarding notices required under this division. (b) If the offender or delinquent child resides in a multi-unit building, any occupant of each residential unit that is located in that multi-unit building and that shares a common hallway with the offender or delinquent child. For purposes of this division, an occupant's unit shares a common hallway with the offender or delinquent child if the entrance door into the occupant's unit is located on the same floor and opens into the same hallway as the entrance door to the unit the offender or delinquent child occupies. Division (D)(3) of this section applies regarding notices required under this division.
(c) The building manager, or the person the building owner or condominium unit owners association authorizes to exercise management and control, of each multi-unit building that is located within one thousand feet of the offender's or delinquent child's residential premises, including a multi-unit building in which the offender or delinquent child resides, and that is located within the county served by the sheriff. In addition to notifying the building manager or the person authorized to exercise management and control in the multi-unit building under this division, the sheriff shall post a copy of the notice prominently in each common entryway in the building and any other location in the building the sheriff determines appropriate. The manager or person exercising management and control of the building shall permit the sheriff to post copies of the notice under this division as the sheriff determines appropriate. In lieu of posting copies of the notice as described in this division, a sheriff may provide notice to all occupants of the multi-unit building by mail or personal contact; if the sheriff so notifies all the occupants, the sheriff is not required to post copies of the notice in the common entryways to the building. Division (D)(3) of this section applies regarding notices required under this division.
(d) All additional
persons who are within
any
category
of neighbors of the offender or delinquent child 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 of the offender's residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's residence address or addresses; (3) The sexually oriented offense or child-victim oriented offense of which the offender was
convicted,
to which the offender pleaded guilty,
or for which
the
child was
adjudicated a delinquent child; (4) All of the following statements that are applicable: (a) A statement that the offender
has
been
adjudicated a sexual
predator, a statement that the offender has been convicted of or pleaded guilty to an aggravated sexually oriented offense, a statement that the delinquent child has been adjudicated a sexual predator and that, as of the
date of the notice, the court has not entered a
determination that
the 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
regarding a delinquent child has not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code; (b) A statement that the offender has been adjudicated a child-victim predator, a statement that the delinquent child has been adjudicated a child-victim predator and that, as of the date of the notice, the court has not entered a determination that the delinquent child no longer is a child-victim predator, or a statement that the sentencing or reviewing judge has determined that the offender or delinquent child is a habitual child-victim offender and that, as of the date of the notice, the determination regarding a delinquent child 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, 2950.041, or 2950.05 of the Revised Code
or
to whom the offender or delinquent child most recently sent a
notice of intent to reside under section 2950.04 or 2950.041 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 specified 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
are
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 as soon as practicable, but no later than
five days after the
offender sends the notice of intent to reside to the sheriff and
again no later than five days 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
five days 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 as soon as practicable, but not later
than seven days 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 five days 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, school, institution of higher education, or place of employment
address, as applicable, 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. (3) A sheriff may provide notice under division (A)(1)(a) or (b) of this section, and may provide notice under division (A)(1)(c) of this section to a building manager or person authorized to exercise management and control of a building, by mail, by personal contact, or by leaving the notice at or under the entry door to a residential unit. For purposes of divisions (A)(1)(a) and (b) of this section, and the portion of division (A)(1)(c) of this section relating to the provision of notice to occupants of a multi-unit building by mail or personal contact, the provision of one written notice per unit is deemed as providing notice to all occupants of that unit. (E) All information that a sheriff possesses regarding a
sexual predator, a
habitual sex offender, a child-victim predator, or a habitual child-victim 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. The sheriff shall not cause to be publicly disseminated
by means of the internet any of the information described in this division that is provided by a sexual predator, habitual sex offender, child-victim predator, or habitual child-victim offender who is a juvenile offender registrant, except when the act that is the basis of
the child's classification as a juvenile 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)(1) The duties to provide the notices described in
divisions (A) and (C) of this section apply regarding any offender
or delinquent child who is in any of the following categories, if
the other criteria set forth in division (A) or (C) of this
section, whichever is applicable, are satisfied: (a) The offender or delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code or has been adjudicated a child-victim predator relative to the child-victim oriented offense for which the offender or child has the duty to register under section 2950.041 of the Revised Code, and the court has not
subsequently determined pursuant to section 2152.84 or 2152.85 of the Revised Code
regarding a delinquent child that the delinquent child no longer is a sexual
predator or no longer is a child-victim predator, whichever is applicable. (b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender or a habitual child-victim offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender or habitual child-victim offender to this section, and the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code regarding a delinquent child. (c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender. (2) The notification provisions of this section do not apply
regarding a
person who is convicted of or pleads guilty to,
has
been convicted of or
pleaded guilty to,
or is adjudicated a
delinquent child for committing, a sexually oriented
offense or a child-victim oriented offense, who
is not
in the category specified in either
division (F)(1)(a) or
(c) of this section, and who
is determined
pursuant to
division
(C)(2) or
(E) of section 2950.09 or 2950.091, division
(B) of section
2152.83,
section 2152.84, or section 2152.85 of the
Revised Code
to be a
habitual sex
offender
or habitual child-victim 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 or 2950.091 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. (H)(1) Upon the motion of the offender or the prosecuting attorney of the county in which the offender was convicted of or pleaded guilty to the sexually oriented offense or child-victim oriented offense for which the offender is subject to community notification under this section, or upon the motion of the sentencing judge or that judge's successor in office, the judge may schedule a hearing to determine whether the interests of justice would be served by suspending the community notification requirement under this section in relation to the offender. The judge may dismiss the motion without a hearing but may not issue an order suspending the community notification requirement without a hearing. At the hearing, all parties are entitled to be heard, and the judge shall consider all of the factors set forth in division (B)(3) of section 2950.09 of the Revised Code. If, at the conclusion of the hearing, the judge finds that the offender has proven by clear and convincing evidence that the offender is unlikely to commit in the future a sexually oriented offense or a child-victim oriented offense and if the judge finds that suspending the community notification requirement is in the interests of justice, the judge may suspend the application of this section in relation to the offender. The order shall contain both of these findings. The judge promptly shall serve a copy of the order upon the sheriff with whom the offender most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon the bureau of criminal identification and investigation.
An order suspending the community notification requirement does not suspend or otherwise alter an offender's duties to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and does not suspend the victim notification requirement under section 2950.10 of the Revised Code.
(2) A prosecuting attorney, a sentencing judge or that judge's successor in office, and an offender who is subject to the community notification requirement under this section may initially make a motion under division (H)(1) of this section upon the expiration of twenty years after the offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code begins in relation to the offense for which the offender is subject to community notification. After the initial making of a motion under division (H)(1) of this section, thereafter, the prosecutor, judge, and offender may make a subsequent motion under that division upon the expiration of five years after the judge has entered an order denying the initial motion or the most recent motion made under that division.
(3) The offender and the prosecuting attorney have the right to appeal an order approving or denying a motion made under division (H)(1) of this section.
(4) Division (H) of this section does not apply to any of the following types of offender:
(a) A sexually violent predator person who is convicted of or pleads guilty to a violent sex offense or designated homicide, assault, or kidnapping offense and who, in relation to that offense, is adjudicated a sexually violent predator;
(b) A habitual sex offender or habitual child-victim oriented offender who is subject to community notification who, subsequent to being subjected to community notification, has pleaded guilty to or been convicted of a sexually oriented offense or a child-victim oriented offense;
(c) A sexual predator or child-victim predator who is not adjudicated a sexually violent predator who, subsequent to being subjected to community notification, has pleaded guilty to or been convicted of a sexually oriented offense or child-victim oriented offense.
Sec. 2950.99.
(A)(1)(a) Except as otherwise provided in division (A)(1)(b) of this section, whoever violates a prohibition in section
2950.04, 2950.041, 2950.05,
or 2950.06 of the Revised Code shall be punished as follows: (i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, or third degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the third degree. (ii) If the most serious sexually oriented
offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony of the fourth or fifth degree
if committed by an
adult or a comparable category of offense committed in another jurisdiction,
or if the most serious
sexually oriented offense or child-victim oriented offense
that was the basis of the registration, notice of intent to reside,
change of address
notification, or address verification
requirement that was
violated under the prohibition is a
misdemeanor
if committed by an
adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree or a misdemeanor of the same degree as the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition or, if the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition was a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the same degree or a misdemeanor of the same degree as that offense committed in the other jurisdiction would constitute or would have constituted if it had been committed in this state. (b) If the offender previously has been convicted of or pleaded guilty to, or previously has been adjudicated a delinquent child for committing, a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, whoever violates a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code shall be punished as follows:
(i) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is aggravated murder, murder, or a felony of the first, second, third, or fourth degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the third degree.
(ii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a felony of the fifth degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the fourth degree. (iii) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor of the first degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a felony of the fifth degree.
(iv) If the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated under the prohibition is a misdemeanor other than a misdemeanor of the first degree if committed by an adult or a comparable category of offense committed in another jurisdiction, the offender is guilty of a misdemeanor that is one degree higher than the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, change of address, or address verification requirement that was violated under the prohibition or, if the most serious sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address, or address verification requirement that was violated under the prohibition was a comparable category of offense committed in another jurisdiction, the offender is guilty of a misdemeanor that is one degree higher than the most serious sexually oriented offense or child-victim oriented offense committed in the other jurisdiction would constitute or would have constituted if it had been committed in this state. (2) In addition to
any penalty
or sanction imposed under division (A)(1) of this section or any other provision of law for a violation of a prohibition in section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code, if the
offender
or
delinquent child is
subject to a community control sanction, is on
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
community control sanction, parole, post-release control
sanction, or other
type of supervised release.
(3) As used in division (A)(1) of this section, "comparable category of offense committed in another jurisdiction" means a sexually oriented offense or child-victim oriented offense that was the basis of the registration, notice of intent to reside, change of address notification, or address verification requirement that was violated, that is a violation of an existing or former law of another state or the United States, an existing or former law applicable in a military court or in an Indian tribal court, or an existing or former law of any nation other than the United States, and that, if it had been committed in this state, would constitute or would have constituted aggravated murder, murder, or a felony of the first, second, or third degree for purposes of division (A)(1)(a)(i) of this section, a felony of the fourth or fifth degree or a misdemeanor for purposes of division (A)(1)(a)(ii) of this section, aggravated murder, murder, or a felony of the first, second, third, or fourth degree for purposes of division (A)(1)(b)(i) of this section, a felony of the fifth degree for purposes of division (A)(1)(b)(ii) of this section, a misdemeanor of the first degree for purposes of division (A)(1)(b)(iii) of this section, or a misdemeanor other than a misdemeanor of the first degree for purposes of division (A)(1)(b)(iv) of this section. (B) If a person violates a prohibition in section 2950.04, 2950.041,
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 offender registrant or as an
out-of-state juvenile 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.
(C) Whoever violates division (C) of section 2950.13 of the Revised Code is guilty of a misdemeanor of the first degree.
Sec. 2953.08. (A) In addition to any other
right to appeal and except as provided in division (D) of
this section, a defendant who is convicted of or pleads guilty to
a felony may appeal as a matter of right the sentence imposed
upon the defendant on one of the following grounds: (1) The sentence consisted of or included the maximum prison term allowed for
the offense by division (A) of section 2929.14 of the Revised Code, the
sentence was not
imposed pursuant to division
(D)(3)(b) of section 2929.14 of the Revised Code, the maximum prison term
was not required for the offense pursuant to Chapter 2925. or any
other provision of the Revised Code, and the court imposed
the sentence under one of the following circumstances: (a) The sentence was imposed for only one offense. (b) The sentence was imposed for two or more
offenses arising out of a single incident, and the court imposed
the maximum prison term for the offense of the highest degree. (2) The sentence consisted of or included a prison term, the offense for
which it was imposed is a felony of the fourth or fifth degree or is a felony
drug offense that is a violation of a provision of
Chapter 2925. of the Revised Code and that is specified as being subject to
division (B) of section 2929.13 of the Revised Code for purposes of
sentencing, and the court did not specify at sentencing that it found one or
more factors specified
in divisions (B)(1)(a) to (i) of
section 2929.13 of the Revised Code to apply
relative to the
defendant. If the court specifies that it found
one or more of those factors to apply relative to the defendant,
the defendant is not entitled under this division to appeal as a
matter of right the sentence imposed upon the offender. (3) The person was convicted of or pleaded guilty to a sexually violent sex
offense or a designated homicide, assault, or kidnapping offense, was adjudicated as being a sexually violent predator in relation to that offense, and was
sentenced pursuant to division (A)(3) of
section 2971.03 of the Revised Code, if the minimum
term of the indefinite term imposed pursuant to division (A)(3) of
section 2971.03 of the Revised Code is the longest term available for the
offense from among
the range of terms listed in section 2929.14 of the Revised Code. As used in
this division,
"designated homicide, assault, or kidnapping offense" and "sexually violent sex offense" and "sexually violent predator" have the same
meanings as in section 2971.01 of the Revised Code. As used in this division, "adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section. (4) The sentence is contrary to law. (5) The sentence consisted of an additional prison term of ten years
imposed pursuant to division (D)(2)(b) of section
2929.14 of the Revised Code. (6) The sentence consisted of an additional prison term of
ten years imposed pursuant to division (D)(3)(b) of section 2929.14 of the
Revised Code. (B) In addition to any other right to appeal
and except as provided in division (D) of this section, a
prosecuting attorney, a city director of law, village solicitor, or
similar chief legal officer of a municipal corporation, or the
attorney general, if one of those persons prosecuted the case, may appeal as a
matter of right a sentence
imposed upon a defendant who is convicted of or pleads guilty to
a felony or, in the circumstances described in division (B)(3) of
this section the modification of a sentence imposed upon such a defendant, on
any of the following grounds: (1) The sentence did not include a prison
term despite a presumption favoring a prison term for the offense
for which it was imposed, as set forth in section 2929.13
or Chapter 2925. of the Revised Code. (2) The sentence is contrary to law. (3) The sentence is a modification under section 2929.20 of the Revised Code
of a sentence that was imposed for a felony of the first or second degree. (C) In addition to the right to appeal a sentence
granted under division (A) or (B) of this
section, a defendant who is convicted of or pleads guilty to a
felony may seek leave to appeal a sentence imposed upon the
defendant on the basis that the sentencing judge has imposed
consecutive sentences under division (E)(3) or (4) of
section 2929.14 of the Revised Code and that the
consecutive sentences exceed the maximum prison term allowed by
division (A) of that section for the most serious offense
of which the defendant was convicted. Upon the filing of a
motion under this division, the court
of appeals may grant leave to appeal the sentence if the court
determines that the allegation included as the basis of the
motion is true. (D) A sentence imposed upon a defendant is not
subject to review under this section if the sentence is
authorized by law, has been recommended jointly by the defendant
and the prosecution in the case, and is imposed by a sentencing
judge. A sentence imposed for aggravated murder or murder
pursuant to sections 2929.02 to 2929.06 of the Revised
Code is not subject to review under this section. (E) A defendant, prosecuting attorney, city
director of law, village solicitor, or chief municipal legal
officer shall file an appeal of a sentence under this section to
a court of appeals within the time limits specified in
Rule 4(B) of the Rules of
Appellate Procedure, provided that if the appeal is pursuant
to division (B)(3) of this section, the time limits specified in that
rule shall not commence running until the court grants the motion that makes
the sentence modification in question. A sentence appeal under
this section shall be consolidated with any other appeal in the
case. If no other appeal is filed, the court of appeals may
review only the portions of the trial record that pertain to
sentencing. (F) On the appeal of a sentence under this
section, the record to be reviewed shall include all of the
following, as applicable: (1) Any presentence, psychiatric, or other
investigative report that was submitted to the court in writing
before the sentence was imposed. An appellate court that
reviews a presentence investigation report prepared pursuant to section
2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 in connection
with the appeal of a sentence under this section shall comply with division
(D)(3) of section 2951.03 of the Revised Code when the appellate court is not
using the presentence investigation report, and the appellate court's use of a
presentence investigation report of that nature in connection with the appeal
of a sentence under this section does not affect the otherwise confidential
character of the contents of that report as described in division
(D)(1) of section 2951.03 of the Revised Code and does not cause that report
to become a public record, as defined in section 149.43 of the Revised Code,
following the appellate court's use of the report. (2) The trial record in the case in which the sentence
was imposed; (3) Any oral or written statements made to or by the
court at the sentencing hearing at which the sentence was
imposed; (4) Any written findings that the court was required to
make in connection with the modification of the sentence pursuant
to a judicial release under division (H) of section
2929.20 of the Revised Code. (G)(1) If the sentencing court was required to make the findings required
by division (B) or (D) of section 2929.13, division
(E)(4) of section 2929.14, or division (H) of section 2929.20 of the
Revised Code relative to the imposition or modification of the sentence,
and if the sentencing court failed to state the required findings on the
record, the court hearing
an appeal under division (A), (B), or (C) of this
section shall
remand the case to the sentencing court and instruct the sentencing court
to state, on the record, the required findings. (2)
The court hearing an appeal under division (A), (B), or (C) of this section
shall review the record, including the findings underlying the
sentence or modification given by the sentencing court. The appellate court
may
increase, reduce, or otherwise modify a sentence that is appealed
under this section or may vacate the sentence and remand the
matter to the sentencing court for resentencing.
The appellate court's standard for review is not
whether
the sentencing court abused its discretion. The appellate court may
take any action authorized by this
division
if it clearly
and convincingly finds either of the following: (a) That the record does not support the
sentencing court's findings under division (B) or
(D) of section
2929.13, division (E)(4) of section 2929.14, or division (H)
of
section 2929.20 of the Revised Code, whichever, if any, is
relevant; (b) That the sentence is otherwise contrary to law. (H) A judgment or final order of a court of
appeals under this section may be appealed, by leave of court, to
the supreme court. (I)(1) There is hereby
established the felony sentence appeal cost oversight committee,
consisting of eight members. One member shall be the chief
justice of the supreme court or a representative of the court
designated by the chief justice, one member shall be a member of
the senate appointed by the president of the senate, one member
shall be a member of the house of representatives appointed by
the speaker of the house of representatives, one member shall be
the director of budget and management or a representative of the office of
budget and management designated
by the director, one member shall be a judge of a court of
appeals, court of common pleas, municipal court, or county court
appointed by the chief justice of the supreme court, one member
shall be the state public defender or a representative of the
office of the state public defender designated by the state
public defender, one member shall be a prosecuting attorney
appointed by the Ohio prosecuting attorneys association, and one member shall
be a county commissioner appointed by the county commissioners
association of Ohio. No more than three of the appointed members of the
committee may be members of the same political party. The president of the senate, the speaker of the house of
representatives, the chief justice of the supreme court, the
Ohio prosecuting attorneys association, and the county commissioners
association of Ohio shall make the initial
appointments to the committee of the appointed members no later
than ninety days after July 1, 1996. Of
those initial appointments to the committee, the members
appointed by the speaker of the house of representatives and the
Ohio prosecuting attorneys
association shall serve a term ending two years after July 1, 1996, the member
appointed by
the chief justice of the supreme court shall serve
a term ending three years after July 1, 1996, and the members appointed by the
president of the
senate and the county commissioners association of
Ohio shall serve terms ending
four years after July 1, 1996. Thereafter, terms of office of the appointed
members shall be
for four years, with each term ending on the same day of the
same month as did the term that it succeeds. Members may be
reappointed. Vacancies shall be filled in the same
manner provided for original appointments. A member appointed
to fill a vacancy occurring prior to the expiration of the term
for which that member's predecessor was appointed shall hold
office as a member for the remainder of the predecessor's term. An appointed
member shall continue in office subsequent to the
expiration date of that member's term until that member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. If the chief justice of the supreme court, the director of
the office of budget and management, or the state public
defender serves as a member of the committee, that person's term
of office as a member shall continue for as long as that person
holds office as chief justice, director of the office of budget
and management, or state public defender. If the chief justice
of the supreme court designates a representative of the court to
serve as a member, the director of budget and management
designates a representative of the office of budget and
management to serve as a member, or the state public
defender designates a representative of the office of the state
public defender to serve as a member, the person so designated
shall serve as a member of the commission for as long as the
official who made the designation holds office as chief justice,
director of the office of budget and management, or state public
defender or until that official revokes the designation. The chief justice of the supreme court or the
representative of the supreme court appointed by the chief
justice shall serve as chairperson of the committee. The committee
shall meet within two weeks after all appointed members have
been appointed and shall organize as necessary. Thereafter, the
committee shall meet at least once every six months or more
often upon the call of the chairperson or the written request of
three or more members, provided that the committee shall not meet unless
moneys have been appropriated to the judiciary budget administered by the
supreme court specifically for the purpose of providing financial assistance
to counties under division (I)(2) of this section and the moneys so
appropriated then are available for that purpose. The members of the committee shall serve without
compensation, but, if moneys have been appropriated to the judiciary
budget administered by the supreme court specifically for the purpose of
providing financial assistance to counties under division (I)(2) of
this section, each member shall be reimbursed out of the moneys so
appropriated that then are available for actual and
necessary expenses incurred in the performance of official
duties as a committee member. (2) The state criminal sentencing commission periodically shall provide to
the felony sentence appeal cost oversight committee all data the commission
collects pursuant to division
(A)(5) of section 181.25 of
the Revised Code. Upon receipt of the
data from the state criminal sentencing commission, the
felony sentence appeal cost oversight committee periodically
shall review the data; determine whether any money has been
appropriated to the judiciary budget administered by the supreme court
specifically for the purpose of providing state financial assistance to
counties in accordance with this division for the increase in expenses
the counties experience as a result of the felony sentence
appeal provisions set forth in this section or as a result of a postconviction
relief proceeding brought under division (A)(2) of section 2953.21
of the Revised Code or an appeal of a judgment in that proceeding; if it
determines that any money has been so appropriated, determine the total amount
of moneys that have been so appropriated specifically for
that purpose and that then are available for that
purpose; and develop a recommended method of distributing those
moneys to the counties. The committee shall send a copy of its
recommendation to the supreme court. Upon receipt of the
committee's recommendation, the supreme court shall distribute
to the counties, based upon that recommendation, the moneys that
have been so appropriated specifically for the purpose of providing
state financial assistance to counties under this
division and that then are available for that purpose.
Sec. 2971.01. As used in this chapter: (A) "Mandatory prison term" has the same meaning as in
section 2929.01 of the Revised Code. (B) "Designated homicide, assault, or
kidnapping offense" means any of the following: (1) A violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code
or a violation of division (A) of section 2903.04 of the Revised Code; (2) An attempt to commit or complicity in committing
a violation listed in division (B)(1) of this section,
if the attempt or complicity is a felony. (C) "Examiner" has the same meaning
as in section 2945.371 of the Revised Code. (D) "Peace officer" has the same
meaning as in section 2935.01 of the Revised
Code. (E) "Prosecuting attorney" means the prosecuting attorney who
prosecuted the case of the offender in question or the successor in office to
that prosecuting attorney. (F) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in
section 2950.01 of the Revised Code. (G) "Sexually violent offense" means
a any of the following: (1) A violent sex offense, or a; (2) A designated homicide, assault, or
kidnapping offense for which that the offender also was convicted of or pleaded
guilty to commits with a sexual motivation specification. (H)(1) "Sexually violent predator"
means a person who has been convicted of or pleaded guilty to committing, on
or after January
1, 1997, commits a sexually violent offense and is
likely to engage in the future in one or more sexually violent offenses. (2) For purposes of division (H)(1) of this section, any of the
following factors may be considered as
evidence tending to indicate that there is a
likelihood that the person will engage in the future in one or
more sexually violent offenses: (a) The person has been convicted two or more times, in separate
criminal
actions, of a sexually oriented offense or a child-victim oriented offense.
For purposes of this division, convictions that result from or are connected
with the same act or result from offenses committed at the same
time are one
conviction, and a conviction set aside pursuant to law is not a
conviction. (b) The person has a documented history from
childhood, into the juvenile developmental years, that exhibits
sexually deviant behavior. (c) Available information or evidence suggests
that the person chronically commits offenses with a sexual
motivation. (d) The person has committed one or more
offenses in which the person has tortured or engaged in
ritualistic acts with one or more victims. (e) The person has committed one or more
offenses in which one or more victims were physically harmed to
the degree that the particular victim's life was in jeopardy. (f) Any other relevant evidence. (I) "Sexually violent predator
specification" means a specification, as described in
section 2941.148 of the Revised Code, charging that charges that a
person charged with being a violent sex offense, or a person charged with a designated homicide, assault, or kidnapping offense and a sexual motivation specification, is a sexually violent predator. (J) "Sexual motivation" means a
purpose to gratify the sexual needs or desires of the offender. (K) "Sexual motivation specification"
means a specification, as described in section 2941.147 of the
Revised Code, that charges that a person charged
with a designated homicide, assault, or kidnapping offense
committed the offense with a sexual motivation. (L) "Violent sex offense" means any
of the following: (1) A violation of section 2907.02, 2907.03,
or 2907.12 or of division (A)(4) of section 2907.05 of the
Revised Code; (2) A felony violation of a former law of this
state that is substantially equivalent to a violation listed in
division (L)(1) of this section or of an existing or
former law of the United States or of
another state that is substantially equivalent to a violation
listed in division (L)(1) of this section; (3) An attempt to commit or complicity in committing
a violation listed in division (L)(1) or (2) of this
section if the attempt or complicity is a felony.
Sec. 2971.02. In any case in which a sexually violent predator specification
is included in the indictment, count in the indictment, or
information charging a sexually violent sex offense or a designated homicide, assault, or kidnapping offense and in which the
defendant is tried by a jury, the defendant may elect to have the court
instead of the jury determine the sexually violent predator specification. If If the defendant does not
elect to have the court determine the sexually violent predator specification, the defendant shall
be tried before the jury on the charge of the offense, and,
following if the offense is a designated homicide, assault, or kidnapping offense, on the sexual motivation specification that is included in the indictment, count in the indictment, or information charging the offense. Following a verdict of guilty on the charge of the offense and, if the offense is a designated homicide, assault, or kidnapping offense, on the related sexual motivation specification, the
defendant shall be tried before the jury on the sexually violent predator
specification. If If the defendant elects
to have the court determine the sexually violent predator specification, the defendant
shall be tried on the charge of the offense before the jury, and,
following on the charge of the offense and, if the offense is a designated homicide, assault, or kidnapping offense, on the sexual motivation specification that is included in the indictment, count in the indictment, or information charging the offense. Following a verdict of guilty on the charge of the offense and, if the offense if a designated homicide, assault, or kidnapping offense, on the related sexual motivation specification, the
court shall conduct a proceeding at which it shall determine the sexually violent predator
specification.
Sec. 2971.03. (A) Notwithstanding divisions (A),
(B), (C), and (F) of section 2929.14, section
2929.02, 2929.03, 2929.06, 2929.13, or another section of the
Revised Code, other than divisions (D) and
(E) of section 2929.14 of the Revised Code, that authorizes or
requires a specified prison term or a mandatory prison term
for a person who is convicted of or pleads guilty
to a felony or that specifies the manner and place of service of
a prison term or term of imprisonment, the court shall
impose a sentence upon a person who is convicted of or pleads
guilty to a sexually violent sex offense and who 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 that offense, and upon a person who is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, as follows: (1) If the offense for which the sentence is being imposed is aggravated murder and if the court does not
impose upon the offender a sentence of death, it shall impose
upon the offender a term of life imprisonment without
parole. If the court sentences the offender to death and
the sentence of death is vacated, overturned, or otherwise set aside,
the court shall impose upon the offender a term of life
imprisonment without parole. (2) If the offense for which the sentence is being imposed is murder or an offense other than aggravated murder or
murder for which a term of life imprisonment may be imposed, it shall impose
upon the offender a term of life imprisonment without parole. (3)(a) Except as otherwise provided in division (A)(3)(b), (c), or (d) or (A)(4) of this
section, if the offense for which the sentence is being imposed is an offense other than aggravated murder, murder, or
an offense for which a term of life imprisonment may be imposed, it shall
impose an
indefinite prison term consisting of a minimum term
fixed by the court from among the range of terms available as a
definite term for the offense, but not less than two years, and a maximum term
of life imprisonment. (b) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the first degree, it shall impose an
indefinite prison term consisting of a minimum term fixed by the court that is not less
than ten years, and a maximum term of life imprisonment.
(c) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the second degree, it shall impose an indefinite prison term consisting of a minimum term fixed by the court that is not less than eight years, and a maximum term of life imprisonment. (d) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is rape for which a term of life
imprisonment is not imposed under section 2907.02 of the Revised
Code or division (A)(2) of this section, it shall impose an indefinite prison term consisting of a
minimum term fixed by the court that is not less than ten years, and a maximum term of
life imprisonment. (4) For any offense for which the sentence is being imposed, if the offender previously has been convicted of or
pleaded guilty to a sexually violent sex offense and also to a sexually violent
predator specification that was included in the indictment, count in the
indictment, or information charging that offense, or previously has been convicted of or pleaded guilty to a designated homicide, assault, or kidnapping offense and also to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, it shall impose upon the
offender a term of life imprisonment without parole. (B) If the offender is sentenced to a prison term
pursuant to division (A)(3) of this
section, the parole board shall have control over the offender's
service of the term during the entire term unless the parole
board terminates its control in accordance with section 2971.04
of the Revised Code. (C)(1) Except as provided in division (C)(2) of
this section, an offender sentenced to a prison term or term of life
imprisonment without parole pursuant to division (A) of this section
shall serve the entire prison term or term of life imprisonment in a state
correctional institution. The offender is not eligible for judicial release
under section 2929.20 of the Revised Code. (2) For a prison term imposed pursuant to division (A)(3) of this
section, the court, in accordance with section 2971.05 of the Revised Code,
may terminate the prison term or modify the requirement that the offender
serve the entire term in a state correctional institution
if all of the following apply: (a) The offender has served at least the
minimum term imposed as part of that prison term. (b) The parole board, pursuant to section
2971.04 of the Revised Code, has terminated its
control over the offender's service of that prison term. (c) The court has held a hearing and found, by clear and
convincing evidence, one of the following: (i) In the case of termination of the prison term,
that the offender is unlikely to commit a sexually violent
offense in the future; (ii) In the case of modification of the requirement, that the
offender does not represent a substantial risk of physical
harm to others. (3) An offender who has been sentenced to a term of life imprisonment
without parole pursuant to division (A)(1), (2), or (4) of this
section shall not be released from the
term of life imprisonment or be permitted to serve a
portion of it in a place other than a state correctional
institution. (D) If a court sentences an offender
to a prison term or term of life imprisonment without parole pursuant to
division (A) of this section and the court also imposes on the offender one or
more additional prison terms pursuant to division
(D) of section 2929.14 of the Revised Code, all of the additional prison terms
shall be served consecutively with, and prior to,
the prison term or term of life imprisonment without parole imposed upon the
offender pursuant to division (A) of this section. (E) If the offender is convicted of or
pleads guilty to two or more offenses for which a prison term or term of life
imprisonment without parole is
required to be imposed pursuant to division (A) of this
section, divisions (A) to (D) of this section
shall be applied for each offense. All minimum terms
imposed upon the offender pursuant to division
(A)(3) of this section for those offenses shall be
aggregated and served consecutively, as if they were a single
minimum term imposed under that division. (F) If an offender is convicted of or pleads guilty to a sexually violent sex
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 that offense, or is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, the conviction of or plea of guilty to the offense and the sexually violent predator
specification automatically classifies the offender as a sexual
predator for purposes of Chapter 2950. of the Revised Code. The
classification of the offender as a sexual predator for purposes
of that chapter is terminated only if the offender was sentenced
to a prison term pursuant to division
(A)(3) of section 2971.03 of the Revised Code and the court terminates
the offender's prison term as provided in division
(D) of section 2971.05 of the Revised Code, or as otherwise permanent and continues until the offender's death as described
in division (D)(2) of section 2950.09 of the Revised Code.
Sec. 2971.04. (A) If an offender is
serving a prison term imposed under division
(A)(3) of section 2971.03 of the Revised
Code, at any time after the offender has served the
minimum term imposed under that sentence, the parole board may
terminate its control over the offender's service of the prison term. The
parole board initially shall determine whether to terminate its control over
the offender's service of the prison term upon the completion of the
offender's service of the minimum term under the sentence and shall make
subsequent
determinations at least once every two years after that first determination.
The parole board shall not terminate its control over the offender's service
of the
prison term unless it finds at a hearing that the offender does not represent
a substantial risk of physical harm to others. Prior to determining
whether to terminate its control over the offender's service of the prison
term, the
parole board shall request the department of rehabilitation and correction to
prepare pursuant to section 5120.61 of the Revised Code an update of the most
recent risk
assessment and report relative to the offender. The offender has the right to
be present at any hearing
held under this section. At the hearing, the offender and the
prosecuting attorney may make a statement and present evidence
as to whether the parole board should terminate its control over
the offender's service of the prison term. In making its determination as to
whether to terminate its control over the offender's service of
the prison term, the parole board may follow the standards and
guidelines adopted by the department of rehabilitation and
correction under section 5120.49 of the Revised
Code and shall consider the updated risk assessment and report
relating to the offender
prepared by the department pursuant to section 5120.61 of the
Revised Code in response to the request made under this division
(A)(1) of this section and any statements or evidence submitted by
the offender or the prosecuting attorney. If the parole board terminates its
control
over an offender's service of a prison term imposed under division
(A)(3) of section 2971.03 of the Revised Code, it shall recommend to the court
modifications to the requirement that the offender serve the entire term in a
state correctional institution. The court is not bound by the
recommendations submitted by the parole board. (B) If the parole board terminates its control over an offender's
service of a prison
term imposed pursuant to division (A)(3) of section
2971.03 of the Revised Code, the parole board immediately shall provide
written notice of its termination of control to the department of
rehabilitation
and correction, the court, and the prosecuting attorney, and, after the
board's termination of its control, the court shall have control over the
offender's service of that prison term. After the transfer, the court shall have control over the offender's
service
of that prison term for the offender's entire life, subject to the court's
termination of the term pursuant to section 2971.05 of the Revised Code. (C) If control over the offender's service of the prison term
is transferred to the court, all of the following apply: (1) The offender shall not be released solely as a
result of the transfer of control over the service of that prison term. (2) The offender shall not be permitted solely as a
result of the transfer to serve a portion of that term in a
place other than a state correctional institution. (3) The offender shall continue serving that term in a
state correctional institution, subject to the following: (a) A release pursuant to a pardon, commutation, or reprieve; (b) A modification or termination of the term by the court
pursuant to this chapter.
Sec. 2971.05. (A)(1) After control over an offender's service
of a prison term imposed pursuant to division (A)(3) of section
2971.03 of the Revised Code has been
transferred pursuant to section 2971.04 of the Revised Code to the court, the
court shall
schedule, within thirty
days of any of the following, a hearing on whether to modify in accordance
with
division (C) of this section the requirement that the offender serve
the entire prison term in a state correctional
institution or to terminate the
prison term in
accordance with division (D) of this section: (a) Control over the offender's service of a prison term
is transferred pursuant to section 2971.04 of the Revised Code to the court,
and no hearing
to modify the
requirement has been held; (b) Two years elapse after the most recent prior hearing held
pursuant to division (A)(1) or (2) of this section; (c) The prosecuting attorney, the department of rehabilitation
and
correction, or the adult parole authority requests the hearing, and recommends
that the requirement be modified or that the offender's prison
term be terminated. (2) After control over the offender's service of a prison term
has been transferred pursuant to section 2971.04 of the Revised Code to the court, the court,
within thirty days of either of the following, shall conduct a hearing on
whether
to modify in accordance with division (C) of this section the
requirement that the offender serve the entire prison term in a state
correctional
institution, whether to continue, revise, or revoke an existing modification
of
that requirement, or whether to terminate the term in accordance with division
(D)
of this section: (a) The requirement that the offender serve the entire prison
term in a state correctional institution has been modified, and the offender
is taken into custody for any reason. (b) The
department of rehabilitation and correction or the prosecuting attorney
notifies the court pursuant to section 2971.06 of the Revised Code regarding a known or
suspected violation of a term or condition of the
modification or a belief that there is a substantial likelihood that the
offender has committed or is about to commit a sexually violent offense. (3) After control over the offender's service of a prison term
has been transferred pursuant to section 2971.04 of the Revised Code to the court, the court,
in any of the following circumstances, may conduct a hearing within thirty
days to determine whether to modify in accordance with division (C)
of this section the requirement that the offender serve the entire prison term
in a state correctional institution, whether to continue, revise, or revoke an
existing modification of that requirement, or whether to terminate the
sentence in accordance
with division (D) of this section: (a) The offender requests the hearing; (b) Upon the court's own motion; (c) One or more examiners who have conducted a psychological
examination and assessment of the offender file a statement that states that
there no longer is a likelihood that the offender will engage in the future in
a sexually violent offense. (B)(1) Before a court holds a hearing pursuant to division
(A) of this section, the court shall provide notice of the date,
time,
place, and purpose of the hearing to the offender, the prosecuting attorney,
the department of rehabilitation and correction, and the adult parole
authority
and shall request the department to prepare
pursuant to section 5120.61 of the Revised Code an update of the most recent risk assessment
and report relative to the offender.
The offender
has the right to be present at any hearing held under this section.
At the hearing, the
offender and the prosecuting attorney may make a statement
and present evidence as to whether the requirement should
or should not be modified, whether the existing modification of the
requirement should be continued, revised, or revoked, and whether the prison
term should or should not be terminated. (2) At a hearing held pursuant to division (A) of this section,
the court may and, if the hearing is held pursuant to division
(A)(1)(a), (1)(b), or (3)(c)
of this section, shall determine by clear and convincing evidence whether
the offender is unlikely to commit a sexually violent
offense in the future. (3) At the conclusion of the hearing held pursuant to division
(A)
of this section, the court may order that the requirement that the offender
serve the entire prison term in a state correctional institution be continued,
that the requirement be modified pursuant to division (C) of this
section, that an existing modification be continued, revised, or revoked
pursuant to division (C) of this section, or that the prison term be
terminated pursuant to division (D) of this section. (C)(1) If, at the conclusion of a hearing held pursuant to
division
(A) of this section, the court determines by clear and convincing
evidence that the offender will not represent a substantial
risk of physical harm to others, the court may modify the requirement that the
offender serve the entire prison term in a state correctional institution in a
manner that the court considers appropriate. (2) The modification of the requirement does not terminate the prison term
but serves
only to suspend the requirement that the offender serve the entire term in a
state correctional institution. The prison term shall remain in
effect for the offender's entire life unless the court terminates the prison
term pursuant to division (D) of this section. The offender shall
remain under the jurisdiction of the court for the offender's entire life
unless the court so terminates the prison term. The modification of the
requirement does not terminate the
classification of the offender, as described in division
(F) of section 2971.03 of the Revised Code, as a sexual predator for
purposes of Chapter 2950. of the Revised Code. (3) If the court revokes the modification under consideration, the court
shall order that the offender be returned to the custody of the department of
rehabilitation and correction to continue serving the prison term to which the
modification applied, and section 2971.06 of the Revised Code applies regarding the offender. (D)(1) If, at the conclusion of a hearing held pursuant to
division (A) of this section, the court determines by clear and
convincing evidence that the offender is unlikely to commit a
sexually violent offense in the future, the court may
terminate the offender's prison term imposed under division
(A)(3) of section 2971.03 of the Revised Code, subject to the offender
satisfactorily
completing the period of conditional release required by this division. If
the court terminates the prison term, the court shall place the offender on
conditional release for five years, notify the adult parole authority of its
determination and of the termination of the prison term, and order the adult
parole authority to supervise the offender during the five-year period of
conditional release. Upon receipt of a notice from a court pursuant to this
division, the
adult parole authority shall supervise the offender who is the subject of the
notice during the five-year period of conditional release, periodically notify
the court of the offender's activities
during that five-year period of conditional release, and file with the court
no later than thirty days prior to the expiration of the five-year period of
conditional release a written recommendation as to whether the termination of
the offender's prison term should be finalized, whether the period of
conditional release should be extended, or whether another type of action
authorized pursuant to this chapter should be taken. Upon receipt of a recommendation of the adult parole authority filed
pursuant to this division, the court shall hold a
hearing to determine whether to finalize the termination of the offender's
prison term, to
extend the period of conditional release, or to take another
type of action authorized pursuant to this chapter. The court shall hold the
hearing no later than the date on which the five-year period of conditional
release terminates and shall provide notice of the date, time, place, and
purpose of the hearing to the offender and to the prosecuting attorney. At
the hearing, the offender, the prosecuting attorney, and the adult
parole authority employee who supervised the offender during the period of
conditional release may make a statement and present evidence. (2) If the court determines to extend an offender's period of conditional
release, it may do so for additional periods of one year in the same manner
as the original period of conditional release, and except as otherwise
described in this division, all procedures and requirements that applied to
the original period of conditional release apply to the additional period of
extended conditional release unless the court modifies a procedure or
requirement. If an offender's period of conditional release is extended as
described in this division, all references to a five-year period of
conditional release that are contained in division (D)(1) of this
section shall be construed, in applying the provisions of that division to the
extension, as being references to the one-year period of the extension of the
conditional release. If the court determines to take another type of action authorized pursuant
to this chapter, it may do so in the same manner as if the action had been
taken at any other stage of the proceedings under this chapter.
As used in this division, "another type of action" includes the revocation of
the conditional release and the return of the offender to a state correctional
institution to continue to serve the prison term. If the court determines to finalize the termination of the offender's
prison term,
it shall notify the department of rehabilitation and
correction, the department shall enter into its records a final release and
issue to the offender a certificate of final release, and the prison term
thereafter shall be considered completed and terminated in every
way. The termination of the offender's prison term pursuant to
division (D)(1) or (2) of this
section automatically terminates does not affect the classification of the
offender, as described in division
(F) of section 2971.03 of the Revised Code, as a sexual predator for
purposes of Chapter 2950. of the Revised Code, and the court shall
comply with. The classification of the offender as a sexual predator is permanent and continues until the offender's death as described in division (D)(2) of section 2950.09 of the Revised Code.
Sec. 5120.49. The department of rehabilitation and
correction, by rule adopted under Chapter 119. of the
Revised Code, shall prescribe standards and
guidelines to be used by the parole board in determining,
pursuant to section 2971.04 of the Revised Code,
whether it should terminate its control over an offender's
service of a prison term imposed upon the offender for a sexually violent
offense under
division (A)(3) of section 2971.03 of the
Revised Code for conviction of a violent sex offense and a sexually violent predator specification or for conviction of a designated homicide, assault, or kidnapping offense and both a sexual motivation specification and a sexually violent predator specification. The rules shall include
provisions that specify that the parole board may not terminate
its control over an offender's service of a prison term
imposed upon the offender under that division until after the offender has
served the
minimum term imposed as part of that prison term and until the parole board
has determined that the offender does not represent a
substantial risk of physical harm to others.
Sec. 5120.61. (A)(1) Not later than ninety days after the
effective date of this section, the department of rehabilitation and
correction shall adopt standards that it will use under this section to assess
a criminal offender who is convicted of or pleads guilty to
a sexually violent sex offense or designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to is adjudicated a
sexually violent predator specification that was included in the indictment,
count in the indictment, or information charging in relation to that offense. The department
may periodically revise the standards. (2) When the department is requested by the parole board or the court to
provide a risk assessment report of the offender under section 2971.04 or
2971.05 of the Revised Code, it shall assess the offender
and complete the assessment as soon as possible after
the offender has commenced serving the prison term or term of life
imprisonment without parole imposed
under division (A) of section 2971.03 of the Revised Code. Thereafter, the
department shall update a risk assessment report pertaining to
an offender as follows: (a) Periodically, in the discretion of the department, provided that
each report shall be updated no later than two years after its initial
preparation or most recent update; (b) Upon the request of the parole board for use in determining
pursuant to section 2971.04 of the Revised Code whether it should terminate
its control over an offender's service of a prison term imposed upon
the offender under division (A)(3) of section 2971.03 of the Revised Code; (c) Upon the request of the court. (3) After the department of rehabilitation and correction
assesses an offender pursuant to division (A)(2) of this section, it shall
prepare a report that contains its risk assessment for the offender or, if a
risk assessment report previously has been prepared, it shall update the risk
assessment report. (4) The department of rehabilitation and correction shall provide each
risk assessment report that it
prepares or updates pursuant to this section regarding an offender to
all of the following: (a) The parole board for its use in determining pursuant to
section 2971.04 of the Revised Code whether it
should terminate its control over an offender's
service of a prison term imposed upon the offender under division
(A)(3) of section 2971.03 of the Revised Code, if the parole board has not
terminated its control over the offender; (b) The court for use in determining, pursuant to section 2971.05
of the Revised Code, whether to modify the requirement that the offender serve
the entire prison term
imposed upon the offender under division (A)(3) of section 2971.03
of the Revised Code in a state correctional institution, whether to revise any
modification previously made, or whether to terminate the prison term; (c) The prosecuting attorney who prosecuted the case, or the
successor in office to that prosecuting attorney; (d) The offender. (B) When the department of rehabilitation and correction
provides a risk assessment report regarding an offender to the
parole board or court pursuant to division
(A)(4)(a) or (b) of this section, the department,
prior to the parole board's or court's hearing, also shall
provide to the offender or to the offender's attorney of record
a copy of the report and a copy of any other relevant documents
the department possesses regarding the offender that the
department does not consider to be confidential. (C) As used in this section,:
(1) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section.
(2) "Designated homicide, assault, or kidnapping offense" and "sexually violent sex offense" and
"sexually violent predator specification" have the same meanings as
in section 2971.01 of the Revised Code.
SECTION 2. That existing sections 109.42, 2921.34, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.09, 2950.11, 2950.99, 2953.08, 2971.01, 2971.02, 2971.03, 2971.04, 2971.05, 5120.49, and 5120.61 of the Revised Code is hereby repealed. SECTION 3. Section 2921.34 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Am.
Sub. H.B. 180 and Am. Sub. S.B. 285 of the 121st General Assembly. Sections 2929.01, 2929.13, and 2929.14 of the Revised Code are presented in
this act as composites of the sections as amended by both Sub. H.B. 52 and Am. Sub. H.B. 163 of
the 125th General Assembly. Section 2953.08 of the Revised Code is presented
in this act
as a composite of the section as amended by both
Sub.
H.B. 331 and Am. Sub. S.B. 107 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 composites are the resulting
versions of the sections in effect prior to the effective date of
the sections as presented in this act.
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