The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
S. B. No. 5As Introduced
As Introduced
125th General Assembly | Regular Session | 2003-2004 |
| |
SENATORS Jacobson, Amstutz, Austria, Coughlin, Randy Gardner, Goodman, Harris, Hottinger, Spada, Stivers
A BILLTo amend sections 2152.82, 2152.83, 2152.84, 2152.85, 2929.13, 2929.19, 2929.21, 2950.01, 2950.02, 2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.09, 2950.10, 2950.11, 2950.12, 2950.13, and 2950.99 and to enact section 2950.111 of the Revised Code to modify the Sex Offender Registration and Notification Law by adopting most of the recommendations of the Governor's Sex Offender Registration and Notification Task Force, generally conforming the Law to federal guidelines, providing a penalty for failing to send a notice of intent to reside, clarifying that habitual sex offenders in another jurisdiction are habitual sex offenders under Ohio law, clarifying the Law's community notification provisions as applied to multi-resident buildings, specifying that convictions in courts of foreign nations are sexually oriented offenses under the Law, and making other changes in that Law, and to amend the versions of sections 2929.13 and 2929.19 of the Revised Code that are scheduled to take effect on January 1, 2004, to continue the provisions of this act on and after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.82, 2152.83, 2152.84, 2152.85, 2929.13, 2929.19, 2929.21, 2950.01, 2950.02, 2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.09, 2950.10, 2950.11, 2950.12, 2950.13, and 2950.99 be amended and section 2950.111 of the Revised Code be enacted to read as follows:
Sec. 2152.82. (A)
The court that adjudicates a child
a
delinquent
child
shall issue
as part of the dispositional order an
order that
classifies the child a juvenile sex offender registrant
and
specifies that the child has a duty to register under section comply with sections
2950.04, 2950.05, and 2950.06 of the Revised Code if
all of the following
apply: (1) The act for which the child is adjudicated a delinquent
child is a sexually oriented offense that the child committed on
or after January 1, 2002. (2) The child was fourteen,
fifteen, sixteen, or seventeen
years of
age at the time of
committing the offense. (3) The court has determined that the
child previously was
convicted of, pleaded guilty to, or was
adjudicated a delinquent
child for committing
any sexually
oriented offense, regardless of
when the prior
offense was
committed and regardless of the
child's
age
at the time
of committing the offense. (B) An order required under division (A)
of this section
shall be issued
at the time the judge makes
the orders of
disposition for the
delinquent child. Prior to issuing the order
required by division (A) of this section,
the judge shall
conduct
the hearing and make the determinations
required by
division (B)
of
section 2950.09 of
the Revised Code
to determine if the
child
is to be classified a
sexual predator, shall make the
determinations required by
division (E) of that section to
determine if the child is to be
classified a habitual sex
offender, and shall otherwise comply
with those divisions. When a
judge issues an order
under division
(A) of this section, all of
the following apply: (1) The judge shall include in the order any determination
that the delinquent child is, or is not, a sexual predator or is, or is not, a habitual
sex offender that the judge makes pursuant to division (B) or (E)
of section 2950.09 of the Revised Code and any related information
required or authorized under the division under which the
determination is made, including, but not limited to, any
requirement imposed by the court subjecting a child who is a
habitual sex offender to community notification provisions as
described in division (E) of that section. (2) The judge shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense upon which the order is
based, a hearing will be conducted, and the order and any
determinations included in the order are subject to
modification
or termination
pursuant to sections 2152.84 and 2152.85 of the
Revised Code. (3) The judge shall provide a copy of the order to the
delinquent child and to the delinquent child's parent, guardian,
or custodian, as part of the notice provided required under divisions (A)
and (B) of section 2950.03 of the Revised Code and shall provide as part of that notice a copy of the order. (4) The judge shall include the order in the delinquent
child's dispositional order and shall specify in the dispositional
order that the order issued under division (A) of this
section was
made pursuant to this section. (C) An order issued under division (A) of this
section and
any determinations included in the order shall remain in effect
for
the period of time specified in
section 2950.07 of the Revised
Code, subject to a modification or
termination of the order under
section 2152.84 or 2152.85 of the
Revised Code. If an order is
issued under division (A) of
this section, the child's attainment
of eighteen or twenty-one
years of age does not affect or
terminate the order, and the order
remains in effect for the
period of time described in this
division.
Sec. 2152.83. (A)(1) The court that adjudicates a
child a
delinquent child shall issue as part of the dispositional
order
or, if the court commits the child for the delinquent act to
the
custody of a secure facility, shall issue at the time of the
child's release from the secure facility, an order that classifies
the child a juvenile sex offender registrant and specifies that
the child has a duty to register under section comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code if all of the following apply: (a) The act for which the child is
or was adjudicated a
delinquent
child
is a sexually oriented offense
that the child
committed on or after January 1, 2002. (b) The child was sixteen or
seventeen years of age at the
time of committing the offense. (c) The court
was not required to classify the child
a
juvenile sex offender registrant under section 2152.82 of the
Revised Code.
(2) Prior to issuing the order
required by division (A)(2) of
this section, the judge shall conduct
the hearing and make the
determinations required by
division (B)
of section 2950.09 of the
Revised Code
to
determine if the child is to be classified as a
sexual predator,
shall make the determinations required by
division (E) of that
section to determine if the child is to be
classified as a
habitual sex offender, and shall otherwise comply
with those
divisions. When a judge issues an order under division
(A)(1) of
this section, the judge shall include in the order
all
of the
determinations and information identified in division
(B)(1) of
section 2152.82 of the Revised Code that are relevant.
(B)(1) The court that adjudicates a child a delinquent
child, on the judge's own motion, may conduct at the time of
disposition of the child or, if the court commits the child for
the delinquent act to the custody of a secure facility, may
conduct at the time of the child's release from the secure
facility, a hearing for the purposes described in division (B)(2)
of this section if all of the following apply: (a) The act for which the child is adjudicated a delinquent
child
is a
sexually oriented offense
that the
child committed on
or after January 1, 2002. (b) The child was fourteen or
fifteen years of age at the
time of committing the offense. (c) The court
was not required to classify the child a
juvenile sex offender registrant under section 2152.82 of the
Revised Code. (2) A judge shall conduct a hearing under division (B)(1) of
this section
to review the effectiveness of the disposition
made
of the child
and of any treatment provided for the child placed
in
a secure
setting and to determine whether the child should be
classified a
juvenile sex offender registrant. The judge may
conduct the
hearing on the judge's own initiative or based upon a
recommendation of an officer or employee of the department of
youth services, a probation officer, an employee of the court, or
a prosecutor or law enforcement officer. If the judge conducts
the hearing, upon completion of the hearing, the judge, in the
judge's discretion and after consideration of the factors listed
in division (E) of this section, shall do either of the following:
(a) Decline to issue an order that classifies the child a
juvenile sex offender registrant and specifies that the child has
a duty to register under section comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code;
(b) Issue an order that classifies the child a juvenile
sex
offender registrant and specifies that the child has a duty to
register under section comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code and, if the
judge determines conducts a hearing as described in division (C) of this section that to determine whether
the child is a sexual predator or a habitual sex offender, include
in the order a statement that the judge has determined that the
child is, or is not, a sexual predator or a habitual sex offender, whichever
is applicable.
(C) A judge may issue an order under division (B) of this
section that contains a determination that a delinquent child is a
sexual predator only if the judge, in accordance with the
procedures specified in division (B) of section 2950.09 of the
Revised Code, determines at the hearing by clear and convincing
evidence that the child is a sexual predator. A judge may issue
an order under division (B) of this section that contains a
determination that a delinquent child is a habitual sex offender
only if the judge
at the hearing
determines as
described in
division (E) of section 2950.09 of the Revised Code
that the child
is a habitual sex offender. If the judge issues an
order under
division (B) of this section that contains a
determination that a
delinquent child is a habitual sex offender,
the judge may impose
a requirement subjecting the child to
community notification
provisions as described in division (E) of
section 2950.09 of the
Revised Code. If the court conducts a hearing as described in this division to determine whether the child is a sexual predator or a habitual sex offender, the judge shall comply with division (B) or (E) of section 2950.09 of the Revised Code, whichever is applicable, in all regards.
(D) If a judge issues an order under division (A) or (B) of
this section, the judge shall provide to the delinquent child and
to the delinquent child's parent, guardian, or custodian a copy of
the order and a notice containing the information described in
divisions (A) and (B) of section 2950.03 of the Revised Code. The
judge shall provide the notice at the time of the issuance of the
order, shall provide the notice as described in division (B)(1)(c)
of that section, and shall comply with divisions (B)(1), (B)(2),
and (C) of that section regarding that notice and the provision of it.
The judge also shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense upon which the order is
based, a hearing will be conducted and the order is subject to
modification or termination pursuant to section 2152.84 of the
Revised Code.
(E) In making a decision under division (B) of this section
as to whether a delinquent child should be classified a juvenile
sex offender registrant and, if so, whether the child also is a
sexual predator or a habitual sex offender, a judge shall consider
all relevant factors, including, but not limited to, all of the
following:
(1) The nature of the sexually oriented offense committed by
the child;
(2) Whether the child has shown any genuine remorse or
compunction for the offense;
(3) The public interest and safety;
(4) The factors set forth in division (B)(3) of section
2950.09 of the Revised Code;
(5) The factors set forth in divisions (B) and (C) of
section
2929.12 of the Revised Code as those factors apply
regarding the
delinquent child, the offense, and the victim;
(6) The results of any treatment provided to the child and
of
any follow-up professional assessment of the child.
(F) An order issued under division (A) or (B) of this
section
shall remain in effect for the period of time specified in
section
2950.07 of the Revised Code, subject to a modification or
termination of the order under section 2152.84 of the Revised
Code. The child's attainment of eighteen or twenty-one years of
age does not affect or terminate the order, and the order remains
in effect for the period of time described in this division.
(G) As used in the section, "secure facility" has the same
meaning as in section 2950.01 of the Revised Code.
Sec. 2152.84.
(A)(1) When a juvenile court judge issues an
order under section 2152.82 or division (A) or (B) of section
2152.83 of the Revised
Code that classifies a delinquent child a
juvenile sex offender
registrant and specifies that the child has
a duty to register
under section comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code, upon
completion of the
disposition of that
child
made for the
sexually
oriented offense on which the juvenile
sex offender
registrant
order was based, the judge or the judge's
successor in
office
shall conduct a hearing to
review the effectiveness of the
disposition and
of any
treatment provided for the child, to
determine the risks that the child
might re-offend, and to
determine whether
the
prior classification
of
the child as a
juvenile
sex offender
registrant
and, if
applicable, as a sexual
predator or habitual sex offender should
be
continued, modified,
or
terminated
as provided under division
(A)(2) of this section. (2) Upon completion of a hearing under division (A)(1) of
this section, the judge, in the judge's discretion and after
consideration of the factors listed in division (E) of
section
2152.83 of the Revised Code, shall do one of the
following, as
applicable: (a) Enter an order that continues the classification of the
delinquent child made in the
prior order issued under section
2152.82 or
division (A) or
(B) of section 2152.83 of the Revised
Code, and
any sexual
predator or habitual sex offender
determination
included in the
order; (b) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and includes a
determination by the
judge that the delinquent child is a sexual
predator, enter an
order that contains a determination that the
delinquent child no
longer is a sexual predator, the reason or reasons for that determination, and that also
contains either a
determination that the delinquent child is a
habitual sex offender
or a determination that the delinquent child
remains a juvenile
sex offender registrant but is not a sexual
predator or habitual
sex offender; (c) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and does not
include a sexual
predator
determination as described in division
(A)(2)(b) of this
section
but includes a determination by the
judge that the
delinquent
child is a habitual sex offender, enter
an order that
contains a
determination that the delinquent child
no longer is a
habitual
sex offender and that also contains a
determination that
the
delinquent child remains a juvenile sex
offender registrant
but is
not a habitual sex offender; (d) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and includes a determination
by the
judge that the delinquent child is a sexual predator, enter
an
order that contains a determination that the delinquent child
no
longer is a sexual predator, the reason or reasons for that determination, and that also contains a
determination
that the delinquent child is a habitual sex
offender, a
determination that the delinquent child remains a
juvenile sex
offender registrant but is not a sexual predator or
habitual sex
offender, or a determination that specifies that the
delinquent
child no longer is a juvenile sex offender registrant
and no
longer has a duty to register under section comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised
Code; (e) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and does not include a sexual
predator
determination as described in division (A)(2)(d) of this
section
but includes a determination by the judge that the
delinquent
child is a habitual sex offender, enter an order that
contains a
determination that the child no longer is a habitual
sex offender
and that also contains either a determination that
the child
remains a juvenile sex offender registrant but is not a
sexual
predator or habitual sex offender or a determination that
specifies that the child no longer is a juvenile sex offender
registrant and no longer has a duty to register under section comply with sections
2950.04, 2950.05, and 2950.06 of the Revised Code; (f) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and
does not include
a
sexual
predator determination or a habitual sex offender
determination as
described in divisions (A)(2)(d) and (e) of this
section, enter an
order
that contains a
determination that the
delinquent child no
longer
is a juvenile
sex offender registrant
and no longer has a
duty to
register under
section comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code. (B) If a judge issues an order under division (A)(2)(a) of
this section that continues the prior classification of the
delinquent child as a juvenile sex offender registrant and any
sexual predator or habitual sex offender determination included in
the order, the prior classification and the prior determination,
if applicable, shall remain in effect. A judge may issue an order under division (A)(2) of this
section that contains a determination that a child no longer is a
sexual predator only if the judge, in accordance with the
procedures specified in division (D)(1) of section 2950.09 of the
Revised Code, determines at the hearing by clear and convincing
evidence that the delinquent child is unlikely to commit a
sexually oriented offense in the future. If the judge issues an
order of that type, the judge shall provide the notifications
described in division (D)(1) of section 2950.09 of the Revised
Code, and the recipient of the notification shall comply with the
provisions of that division.
If a judge issues an order under division (A)(2) of this
section that otherwise reclassifies the delinquent child, the
judge shall provide a copy of the order to the bureau of criminal
identification and investigation, and the bureau, upon receipt of
the copy of the order, promptly shall notify the sheriff with whom
the child most recently registered under section 2950.04 of the
Revised Code of the reclassification. (C) If a judge issues an order under any provision of
division (A)(2) of this section, the judge shall provide
to the
delinquent child and to the delinquent child's parent,
guardian,
or custodian a copy of the order and a notice containing
the
information described in divisions (A) and
(B) of section 2950.03
of the Revised Code. The judge shall
provide the notice at the
time of the issuance of the order, shall
provide the notice as
described in division (B)(1)(c) of that
section, and shall comply
with divisions (B)(1), (B)(2),
and (C)
of that section regarding
that notice and the provision of it. (D) In making a decision under division (A) of this section,
a judge shall consider all
relevant factors, including,
but not
limited to,
the factors listed in division (E) of section 2152.83
of
the Revised Code. (E) An order issued under division (A)(2) of this
section
and any determinations included in the order shall remain in
effect for the period of time specified in
section 2950.07 of the
Revised Code, subject to a modification or
termination of the
order under section 2152.85 of the Revised
Code. If an order is
issued under division (A)(2) of
this section, the child's
attainment of eighteen or twenty-one
years of age does not affect
or terminate the order, and the order
remains in effect for the
period of time described in this
division.
Sec. 2152.85. (A) Upon the expiration of the applicable
period of time specified in division (B)(1) or (2) of this
section, a delinquent child who has been classified pursuant to
this section or section 2152.82
or 2152.83 of
the Revised Code a
juvenile sex
offender
registrant may
petition
the judge who made
the classification, or that judge's
successor
in office, to do one
of the following: (1) If the order containing the juvenile sex offender
registrant classification also includes a determination by the
juvenile court judge that the delinquent child is a sexual
predator relative to the sexually oriented offense in the manner
described in
section 2152.82 or 2152.83 of the Revised Code and
that
determination remains in effect, to enter an order that
contains a
determination that the child no longer is a sexual
predator, the reason or reasons for that determination, and
that also contains either a determination that the
child is a
habitual sex offender or a determination that the child
remains a
juvenile sex offender registrant but is not a sexual
predator or
habitual sex offender; (2) If the order containing the juvenile sex offender
registrant classification under section 2152.82 or 2152.83 of the
Revised Code or under division (C)(2) of this section pursuant to
a petition filed under division (A) of this section does not
include a sexual predator
determination as described in division
(A)(1) of this section but
includes a determination by the
juvenile court judge that the
delinquent child is a habitual sex
offender relative to the sexually oriented
offense in the manner
described in section 2152.82 or 2152.83 of
the Revised Code, or in
this section, and that determination
remains in effect, to enter
an order that contains a determination
that the child no longer is
a habitual sex offender and that also
contains either a
determination that the child remains a juvenile
sex
offender
registrant or a determination that the child no longer is a
juvenile sex offender registrant and no longer has a duty to
register under section comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code; (3) If the order containing the juvenile sex offender
registrant classification under section 2152.82 or 2152.83 of the
Revised Code or under division (C)(2) of this section pursuant to
a petition filed under division (A) of this section does not
include a sexual predator or
habitual sex offender determination
as described in division
(A)(1) or (2) of this section, to enter
an order that contains a
determination that the child no longer is
a juvenile sex offender
registrant and no longer has a duty to
register under section comply with sections
2950.04, 2950.05, and 2950.06 of the Revised Code. (B) A delinquent child who has been adjudicated a delinquent
child for committing on or after
the effective date of this
section
January 1, 2002, a sexually oriented offense and who has been classified
a
juvenile sex offender registrant relative to that sexually
oriented offense may file a petition under
division (A) of this
section requesting reclassification or
declassification as
described in that division after the
expiration of one of the
following periods of time: (1) The delinquent child initially may file a petition not
earlier than three years after the entry of the juvenile court
judge's order after the mandatory hearing conducted under section
2152.84 of the Revised Code. (2) After the delinquent child's initial filing of a
petition under division (B)(1) of this section, the child may file
a second petition not earlier than three years after the judge has
entered an order deciding the petition under division (B)(1) of
this section. (3) After the delinquent child's filing of a petition under
division (B)(2) of this section, thereafter, the delinquent child
may file a petition under this division upon the expiration of
five years after the judge has entered an order deciding the
petition under division (B)(2) of this section or the most recent
petition the delinquent child has filed under this division. (C) Upon the filing of a petition under divisions (A) and
(B) of this section, the judge may review the prior classification
or determination in question and, upon consideration of all
relevant factors and information, including, but not limited to
the factors listed in division (E) of section 2152.83 of the
Revised Code, the judge, in the judge's discretion, shall do one
of the following: (1) Enter an order denying the petition; (2) Issue an order that reclassifies or declassifies the
delinquent child, in the requested manner specified in division
(A)(1), (2), or (3) of this section.
(D) If a judge issues an order under division (C) of this
section that denies a petition, the prior classification of the
delinquent child as a juvenile sex offender registrant, and the
prior determination that the child is a sexual predator or
habitual sex offender, if applicable, shall remain in effect. A judge may issue an order under division (C) of this section
that contains a determination that a child no longer is a sexual
predator only if the judge conducts a hearing and, in accordance
with the procedures specified in division (D)(1) of section
2950.09 of the Revised Code, determines at the hearing by clear
and convincing evidence that the delinquent child is unlikely to
commit a sexually oriented offense in the future. If the judge
issues an order of that type, the judge shall provide the
notifications described in division (D)(1) of section 2950.09 of
the Revised Code, and the recipient of the notification shall
comply with the provisions of that division. A judge may issue an order under division (C) of this section
that contains a determination that a delinquent child is a
habitual sex offender only if the judge conducts a hearing and
determines at the hearing as described in division (E) of section
2950.09 of the Revised Code that the child is a habitual sex
offender. If the judge issues an order that contains a
determination that a delinquent child is a habitual sex offender,
the judge may impose a requirement subjecting the child to
community notification provisions as described in that division. (E) If a judge issues an order under division (C) of this
section, the judge shall provide to the delinquent child and to
the delinquent child's parent, guardian, or custodian a copy of
the order and a notice containing the information described in
divisions (A) and (B) of section 2950.03 of
the Revised Code. The
judge shall provide the notice at the time
of the issuance of the
order, shall provide the notice as
described
in division (B)(1)(c)
of section 2950.03 of the Revised
Code, and
shall comply with
divisions (B)(1), (B)(2), and (C) of
that section regarding that
notice and the provision of it. (F) An order issued under division (C) of this section shall
remain in effect for the period of time specified in section
2950.07 of the Revised Code, subject to a further modification or
a termination of the order under this section. If an order is
issued under division (C) of this section, the child's attainment
of eighteen or twenty-one years of age does not affect or
terminate the order, and the order remains in effect for the
period of time described in this division.
Sec. 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
OMVI offense or for a third degree felony OMVI 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 OMVI 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; (2) For a third or fourth degree felony OMVI 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. (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 offense for which the offender
also is convicted
of or pleads guilty to a sexually violent
predator
specification that was included in the indictment, count
in the indictment, or
information charging the sexually violent
offense; (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. (G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OMVI
offense or for a third degree felony OMVI 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
OMVI offense, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days as specified
in division (A)(4) of section 4511.99 of
the Revised Code or a
mandatory term of local incarceration of one hundred
twenty days
as specified in division (A)(8) of that section. 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. (2) If the offender is being sentenced for a third
degree
felony OMVI offense,
or if the offender is being sentenced for a
fourth degree felony OMVI
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 sixty days as specified in division (A)(4)
of
section 4511.99 of the Revised Code
or a mandatory prison term of
one hundred twenty days as specified in division
(A)(8) of that
section. The court shall not reduce the term pursuant
to section
2929.20, 2967.193, or any other provision of the Revised Code. 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 OMVI 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. The court shall not sentence the
offender to
a
community control sanction under section 2929.16 or 2929.17 of
the Revised
Code. 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 offense, and the
offender also was
convicted of or pleaded guilty to 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 committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duty to
register pursuant to section duties imposed under sections 2950.04 of the Revised Code,
the
offender's duty to provide notice of a change in residence address
and
register the new residence address pursuant to section, 2950.05
of the Revised
Code, the offender's duty to periodically verify
the offender's current
residence address pursuant to section, 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. 2929.19. (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 for a
sexually oriented offense that was committed on or after
January
1, 1997,
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, 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
offense and a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense,
the court also shall comply with division (E) of section
2950.09 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 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 offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent offense, if the
offender is being sentenced
for
a
sexually oriented offense 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,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code that the
offender committed on or after
the effective date of this
amendment, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated as
being a sexual
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 2929.25 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 2929.35 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
OMVI 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. (2) If the offender is being sentenced for a third or fourth
degree felony
OMVI 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.
The court shall not impose any community control
sanction on the offender. (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. 2929.21. (A) Except as provided in division (G) of
this
section or in section 2929.23
of the Revised Code, whoever is
convicted of or pleads guilty to
a misdemeanor other than a minor
misdemeanor shall be imprisoned
for a definite term or fined, or
both, which term of imprisonment
and fine shall be fixed by the
court as provided in this section. Whoever is convicted of or pleads guilty to committing,
attempting to commit, or complicity in committing a violation of
section 2909.03 of the Revised Code that is a misdemeanor, or a
violation of division (A)(2) of section 2909.06 of the Revised
Code when the means used are fire or explosion, shall be required
to reimburse agencies for their investigation or prosecution
costs
in accordance with section 2929.28 of the Revised Code. (B) Except as provided in division (G) of this
section,
terms of imprisonment for misdemeanor shall be imposed as
follows: (1) For a misdemeanor of the first degree, not more than
six
months; (2) For a misdemeanor of the second degree, not more than
ninety days; (3) For a misdemeanor of the third degree, not more than
sixty days; (4) For a misdemeanor of the fourth degree, not more than
thirty days. (C) Fines for misdemeanor shall be imposed as follows: (1) For a misdemeanor of the first degree, not more than
one
thousand dollars; (2) For a misdemeanor of the second degree, not more than
seven hundred fifty dollars; (3) For a misdemeanor of the third degree, not more than
five hundred dollars; (4) For a misdemeanor of the fourth degree, not more than
two hundred fifty dollars. (D) Whoever is convicted of or pleads guilty to a minor
misdemeanor shall be fined not more than one hundred dollars. (E) The court may require a person who is convicted of or
pleads guilty to a misdemeanor to make restitution for all or
part
of the property damage that is caused by the offense
and for all
or part of the value of the property that is the subject of
any
theft offense, as defined in division (K) of section 2913.01
of
the Revised Code, that the person committed. If the court
determines that the victim of the offense was sixty-five years of
age or older or permanently or totally disabled at the time of
the
commission of the offense, the court, regardless of whether
the
offender knew the age of victim, shall consider this fact in
favor
of imposing restitution, but this fact shall not control
the
decision of the court. (F)(1) If a person is sentenced to a term of imprisonment
pursuant to this section and the term of imprisonment is to be
served in a county jail in a county that has established a county
jail industry program pursuant to section 5147.30 of the Revised
Code, the court shall specify, as part of the sentence, whether
the person may be considered by the county sheriff of that county
for participation in the county jail industry program. The court
shall retain jurisdiction to modify its specification made
pursuant to this division during the person's term of
imprisonment
upon a reassessment of the person's qualifications
for
participation in the program. (2) If a person is sentenced to a term of imprisonment
pursuant to this section that is to be served in a local detention
facility, as defined in section 2929.35 of the Revised Code, the
court may impose as part of the sentence pursuant to section
2929.36 of the Revised Code a reimbursement sanction, 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 person is presented with an itemized bill pursuant
to section 2929.37 of the Revised Code for payment of the costs of
confinement, the person is required to pay the bill in accordance
with that section. (ii) If the person does not dispute the bill described in
division (F)(2)(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
person as described in
that section. (b) The sentence automatically includes any certificate of
judgment issued as described in division (F)(2)(a)(ii) of this
section.
(G) If an offender is being sentenced
for a sexually
oriented offense that is a misdemeanor committed on or after
January
1,
1997, and if 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, the judge
shall include in
the offender's sentence a
statement that the offender has
been
adjudicated as being a sexual
predator, shall comply with the
requirements of section 2950.03 of
the Revised Code, and shall
require the offender to submit
to a
DNA specimen collection
procedure pursuant to
section 2901.07 of
the Revised Code. (H) Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense that is a misdemeanor
committed on
or after
January
1, 1997, the judge 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. Before imposing
sentence on an
offender who is being
sentenced for a sexually
oriented offense,
the court also shall
comply with division (E) of
section 2950.09 of
the Revised Code. (I) If an offender is being sentenced
for a sexually
oriented offense that is a misdemeanor committed on or after
January
1, 1997, the judge shall
include in the sentence
a summary
of the offender's duty to
register pursuant to section duties imposed under sections 2950.04 of
the Revised Code,
the
offender's duty to provide notice of a
change in residence address
and
register the new residence address
pursuant to section, 2950.05
of the
Revised Code,
the offender's
duty to periodically verify
the offender's current residence
address pursuant to section, 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.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
of the Revised Code.
(B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
to whom both
of the following apply: (1) The person is convicted of or pleads guilty to a
sexually oriented offense, or the person is adjudicated a
delinquent
child for committing on or after
January 1, 2002, a
sexually oriented offense, was
fourteen years of
age or older at
the time of committing the
offense, and is
classified a juvenile
sex offender registrant
based on
that
adjudication. (2) 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
previously
was adjudicated a
delinquent
child for
committing one or more
sexually oriented
offenses
and was
classified a
juvenile sex offender registrant or
out-of-state
juvenile sex
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,
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, or 2907.05, 2907.06, 2907.07, or 2907.08 of the Revised
Code; (b) Any of the following offenses involving a minor, in
the
circumstances specified: (i) A violation of section 2905.01, 2905.02, 2905.03,
2905.05, or 2907.04
or former section 2905.04 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 (D) or (E) of section 2907.07 of
the Revised Code.
(c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a purpose to gratify the sexual needs
or desires of the offender;
(d) A sexually violent offense; (e) A violation of any former law of this state, any
existing or former municipal
ordinance
or law of another state or
the United States,
or 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), or
(d) of this
section;
(f) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(b), (c), (d),
or (e) 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)(h) of this section,
regardless of the age of the
victim of the
violation, a violation
of section 2907.02, 2907.03,
or 2907.05, 2907.06, 2907.07, or 2907.08 of
the Revised Code; (b) Subject to division (D)(2)(h) of this section, any of
the following acts involving a minor in the circumstances
specified: (i) A violation of section 2905.01 or 2905.02 of the
Revised
Code, or of former section 2905.04 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. (c) Subject to division (D)(2)(h) of this section, any
sexually violent offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(d) Subject to division (D)(2)(h) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
purpose to gratify the sexual needs or desires of the child
committing the violation;
(e) Subject to division (D)(2)(h) 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)(h) 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,
or 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), or (e) of
this section and that, if committed by an adult, would be a felony
of the first, second, third, or fourth degree; (g) Subject to division (D)(2)(h) 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), or (f) of this section; (h) 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),
or
(f) 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 and is likely to engage
in
the future in one or more sexually oriented offenses. (2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense, was fourteen years of age
or older at
the time of committing the offense, was classified a
juvenile sex
offender registrant based on that adjudication, and
is
likely to engage in the future in one or more sexually oriented
offenses. (F) "Supervised release" means a release
of an offender from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, or
probation, under transitional control, or under a post-release
control sanction, and it requires the person to report to or be
supervised by a parole officer, probation officer, field officer,
or another type of supervising officer.
(2) The release is any type of release that is not described
in division (F)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer. (G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
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 also is convicted
of or pleads guilty to a sexually violent predator specification
that was included in the indictment, count in the indictment, or
information that charged the sexually violent offense. (2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.09 of the
Revised Code that the offender is a sexual predator. (3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has been
classified a juvenile sex offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to
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, 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 in
another state or, in a federal court, military
court, or an 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 to verify the
offender's
or
delinquent child's address on at least a quarterly
basis each
year, and, on or after July 1, 1997,
for offenders or
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 seven 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," 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 sex offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense, who
is fourteen years of age
or older at the
time of committing the
offense, and who a juvenile
court judge,
pursuant to an order
issued under section 2152.82,
2152.83,
2152.84, or 2152.85 of the
Revised Code, classifies
a
juvenile
sex offender registrant and
specifies has a duty to
register under
section comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code. (K) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
locked and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(L) "Out-of-state juvenile sex offender registrant" means a
person who is adjudicated a delinquent child for committing a
sexually oriented offense in another state or, in a federal court,
military court, or Indian tribal court, or in a court in any nation other than the United States, who on or after
January 1,
2002, moves to and
resides in this
state or temporarily is
domiciled in this state
for more than
seven five days, and who under
section 2950.04 of the
Revised Code has
a duty to register in this
state as described in
that section.
(M) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(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 the effective date of this amendment. (P) "School" has the same meaning as in section 2925.01 of the Revised Code.
Sec. 2950.02. (A) The general assembly
hereby determines
and declares that it recognizes and finds all of the
following: (1) If the public is provided adequate notice and
information about
sexual predators, habitual sex offenders, and
certain
other offenders
and delinquent children who
commit
sexually oriented offenses, members of the public
and
communities
can
develop constructive plans to prepare themselves
and their
children for the
sexual predator's, habitual sex
offender's, or
other offender's
or
delinquent child's
release from
imprisonment,
a prison term, or other
confinement
or detention.
This allows
members of the public and
communities to meet with
members of law
enforcement agencies to prepare and obtain
information about
the
rights and responsibilities of the public
and the communities and
to
provide education and counseling to
their children. (2) Sexual predators and habitual sex Sex offenders
pose a high
risk of engaging in further offenses sexually abusive behavior even after being released
from imprisonment, a prison term, or other confinement
or
detention, and
that protection of
members of the public from sexual
predators and habitual sex offenders is a
paramount governmental
interest. (3) The penal,
juvenile, and mental health components of
the
justice system of
this state are largely hidden from public view,
and a lack of information
from
any component may result in
the
failure of
the system to satisfy
this paramount
governmental
interest of public safety described in division
(A)(2) of this
section. (4) Overly restrictive confidentiality and liability laws
governing
the release of information about sexual predators and
habitual sex
offenders have reduced the willingness to release
information that could be
appropriately released under the public
disclosure laws and have
increased risks of public safety. (5) A person who is found to be a sexual predator or a
habitual sex offender has a reduced expectation of privacy because
of the public's interest in public safety and in the effective
operation of
government. (6) The release of information about sexual predators and
habitual sex offenders to public agencies and the general public
will further the governmental interests of public safety and
public scrutiny
of the criminal,
juvenile, and mental health
systems as
long as the information released
is rationally related
to the furtherance of those goals. (B) The general assembly hereby
declares that, in providing
in this chapter for registration regarding
sexual predators,
habitual sex offenders, and offenders
and certain
delinquent
children who
have
committed sexually oriented offenses and for
community
notification regarding
sexual predators
and habitual sex
offenders
who are about to be or have been released from
imprisonment, a
prison term, or other confinement
or detention and
who
will live
in
or near
a particular neighborhood or who
otherwise will live in
or near a particular
neighborhood, it is
the general assembly's
intent to protect the safety and
general
welfare of the people of
this state. The general assembly further
declares that it is the
policy of this state to require the
exchange in
accordance with
this chapter of relevant information
about sexual predators
and
habitual sex offenders among public
agencies and
officials and to
authorize the release in accordance
with this chapter of
necessary
and relevant information about
sexual predators and
habitual sex
offenders to members of the
general public as a means of
assuring
public protection and that
the exchange or release of that
information is not punitive.
Sec. 2950.03. (A) Each person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads guilty to a
sexually oriented
offense and who has a duty to register pursuant
to section 2950.04
of the Revised Code, and each person who is
adjudicated a delinquent child for
committing a
sexually oriented
offense and who is classified pursuant to section 2152.82 or
division (A) of section 2152.83
of the Revised Code a juvenile
sex
offender registrant based on
that adjudication, shall be
provided
notice in accordance with
this section of the offender's
or
delinquent child's duty to
register under
section duties imposed under sections
2950.04
of
the
Revised Code, the offender's
or delinquent child's
duty to
provide
notice of any change in the offender's
or
delinquent
child's
residence address and to register the new
residence
address
pursuant to section, 2950.05 of the Revised Code,
and the
offender's
or delinquent child's duty to periodically
verify the
offender's
or delinquent child's residence address
pursuant to
section, 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. The following
official shall
provide the notice to the offender
or delinquent
child specified person at the
following time:
(1) Regardless of when the offender person committed the sexually
oriented offense, if the
person is an offender
who is sentenced
for the sexually
oriented offense to a prison term, a term of
imprisonment, or any
other type of confinement, and if, on or
after January 1, 1997,
the offender is serving that term or is
under that confinement,
the official in charge of the jail,
workhouse, state correctional
institution, or other institution in
which the offender serves the
prison term, term of imprisonment,
or confinement, or a designee
of that official, shall provide the
notice to the offender before
the offender is released pursuant to
any type of supervised
release or before the offender otherwise is
released from the
prison term, term of imprisonment, or
confinement.
(2) Regardless of when the offender person committed the sexually
oriented offense, if the
person is an offender
who is sentenced
for
the sexually oriented offense on
or after January 1,
1997,
and if division (A)(1) of this section
does not apply, the
judge
shall provide the notice to the offender
at the time of
sentencing.
(3) If the
person is an offender
who committed the sexually
oriented offense
prior to January 1, 1997, if neither division
(A)(1) nor division
(A)(2) of this section applies, and if,
immediately prior to
January 1, 1997, the offender was a habitual
sex offender who was
required to register under Chapter 2950. of
the Revised Code, the
chief of police or sheriff with whom the
offender most recently
registered under that chapter, in the
circumstances described in
this division, shall provide the notice
to the offender. If the
offender has registered with a chief of
police or sheriff under
Chapter 2950. of the Revised Code as it
existed prior to January
1, 1997, the chief of police or sheriff
with whom the offender
most recently registered shall provide the
notice to the offender
as soon as possible after January 1, 1997,
as described in
division (B)(1) of this section. If the offender
has not
registered with a chief of police or sheriff under that
chapter,
the failure to register shall constitute a waiver by the
offender
of any right to notice under this section. If an
offender
described in this division does not receive notice under
this
section, the offender is not relieved of the duty to
register, the
duty to provide notice of any change in residence
address and to
register the new residence address, and the duty to
periodically
verify the residence address, as described in
division (A) of this
section 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
division (A)(1) of this section and if, subsequent to
release, the
offender is adjudicated as being a sexual predator
pursuant to
division (C) of section 2950.09 of the Revised Code,
the judge
shall provide the notice to the offender at the time of
adjudication. (5) If the person is a delinquent child who is classified
pursuant to
section 2152.82 or division (A) of section 2152.83 of
the Revised Code a
juvenile sex offender
registrant, the judge
shall
provide the
notice to the delinquent child at the time of
the classification 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. (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, 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, the sheriff with whom the offender most recently registered or verified an address under section 2950.04, 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 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 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, 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. 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 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, 2950.05, 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 under section 2950.04 of the Revised
Code, to notify
the appropriate officials 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 to register
the new
residence address in accordance with section 2950.05 of
the
Revised Code, and to periodically verify a the offender's or delinquent child's residence address
under
section 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 intent to reside, pursuant to sections 2950.04, 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 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 be on a form that is
prescribed by the
bureau of criminal identification and
investigation and that
states 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 a
residence address 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 prescribed by
the bureau of criminal identification and
investigation, 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 a
residence address 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 prescribed by the
bureau of
criminal identification and
investigation, 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 a residence 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. (d) For any (2) The notice provided under division divisions (A)(1) to (6) of this
section, the form used 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 of criminal identification and
investigation, including, but. The notice provided under divisions (A)(1) to (5) of this section shall include, but is not limited to,
a statement that the
subject delinquent child if applicable has been classified by the
adjudicating juvenile court judge or the judge's successor in
office a juvenile sex offender
registrant and has a duty to
register 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 as
being a
sexual predator relative to
the sexually oriented offense
in
question, a statement as to
whether the offender
or delinquent
child has been determined to be
a habitual sex offender,
a statement as to whether the offense for
which the offender has the duty to register is an aggravated
sexually oriented offense committed on or after the effective date
of this amendment, an
explanation of the offender's periodic residence address or periodic school, institution of higher education, or place of employment
address verification process
and 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 the
residence address those addresses under that
process, and a statement that the
offender
or delinquent child
must verify the residence address 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. (e)(b) If the notice is provided under division (A)(4) of
this
section,
in addition to all other information contained on
it, the
form also shall include a statement that the
notice
replaces any
notice previously provided to the offender
under
division (A)(1)
of this section, a statement that the
offender's
duties described
in this notice supersede the duties
described in
the prior notice,
and a statement notifying the
offender that, if
the offender
already has registered under
section 2950.04 of the
Revised Code,
the offender must register
again pursuant to
division (A)(6) of
that section.;
(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 sex offender registrant and has a duty to comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code; (f)(d) If the notice is provided under division (A)(5) of this
section, the form, in addition to all other information contained
on it, shall inform the delinquent child and the delinquent
child's parent, guardian, or custodian a statement that, if the delinquent
child fails to comply with the requirements of sections 2950.04,
2950.05, and 2950.06 of the Revised Code, both of the following
apply:
(i) If the delinquent child's failure occurs while the child
is under eighteen years of age, the child is subject to
proceedings under Chapter 2152. of the Revised Code based on the
failure, but if the failure occurs while the child is eighteen
years of age or older, the child is subject to criminal
prosecution based on the failure. (ii) If the delinquent child's failure occurs while the
child is under eighteen years of age, unless the child is
emancipated, as defined in section 2919.121 of the Revised Code,
the failure of the parent, guardian, or custodian to ensure that
the child complies with those requirements is a violation of
section 2919.24 of the Revised Code and may result in the
prosecution of the parent, guardian, or custodian for that
violation. (2)(3)(a) After an offender described in division (A)(1), (2),
or (4) of this section has signed the form described in division 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 division 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 division 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 determine 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 and, 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 determine 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. 2950.04. (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
shall
register
personally with
the sheriff of the
county
within
seven five days of
the offender's coming into a county in which the
offender resides
or temporarily is domiciled for more than seven 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 and who is
classified a
juvenile sex offender
registrant
based on that adjudication shall
register
personally with the sheriff of the county within seven five
days of the
delinquent child's coming into a county in which the
delinquent
child resides or temporarily is domiciled for more than
seven five
days.
If the delinquent child is committed for the
sexually
oriented offense to the department of youth services or to a
secure facility that is not operated by the department, this duty
begins when the delinquent child
is discharged or released in any
manner from
custody in a
department of youth services secure
facility or from the secure
facility that is not operated
by the
department, if pursuant
to the discharge or release the
delinquent
child is not committed
to any other secure facility of
the
department or any other secure
facility. The delinquent child
does
not have a duty to register under this
division while the child is
in a department of
youth services secure facility or in a secure
facility that is not
operated by the department. (3) If divisions (A)(1) and (2) of this section do not
apply, each following type of offender and each following type of
delinquent child shall register personally with the sheriff of the
county within seven 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 seven 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 of, pleads
guilty to, or is
adjudicated a delinquent child for committing a
sexually oriented
offense in another state or, in a federal court,
military court, or
an Indian tribal court, or in a court in any nation other than the United States, 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
seven 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 seven 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 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 for committing a
sexually oriented
offense in another state or, in a federal court,
military court, or
an Indian tribal court, or in a court in any nation other than the United States, 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
seven 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 seven 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 under the law of
the jurisdiction in
which the
conviction
or guilty plea occurred.
The duty to register
as
described in this
division applies to a
delinquent child only
if
the delinquent
child, at the time of
moving to and residing in
this state or
temporarily being
domiciled in this state for more
than seven five
days, has a duty to
register as a sex offender under
the law of
the jurisdiction in
which the delinquent child
adjudication
occurred or if, had the
delinquent child adjudication
occurred in
this state, the
adjudicating juvenile court judge
would have been
required to
issue an order classifying the
delinquent child as a
juvenile sex
offender registrant pursuant to
section 2152.82 or
division (A) of
section 2152.83 of the Revised
Code. (4) If division (A)(1)(a) of this section applies and if,
subsequent to the offender's release, the offender is adjudicated
to be a sexual predator under division (C) of section 2950.09 of
the Revised Code, the offender shall register within seven five days of
the adjudication with the sheriff of the county in which the
offender resides or temporarily is domiciled for more than seven five
days and, shall register with the sheriff of any county in which
the offender subsequently resides or temporarily is domiciled for
more than seven five days within seven 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 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 sex offender
registrant by a
juvenile court judge
pursuant to an order issued
under section
2152.82, 2152.83,
2152.84, or 2152.85 of the
Revised Code based
on
that
adjudication,
and has a duty to
register pursuant to
division
(A)(2)
of this section. (B) An offender
or delinquent child who is required by
division (A) of this section to register 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 contain the 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 and shall include the
offender's
or delinquent child's photograph. Additionally (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
or delinquent child has been adjudicated as being 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
division (D) of section 2950.09, section
2152.84, or section
2152.85 of
the Revised Code that the
offender
or delinquent child
no longer
is a sexual predator, or if
the
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:
(1)(a) A specific declaration that the person has been
adjudicated as being a sexual predator or, 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;
(2)(b) If the offender
or delinquent child has been adjudicated
as being a sexual predator, the identification license plate
number of each motor vehicle the offender
or delinquent child owns
and of each motor
vehicle registered in the offender's
or
delinquent child's name.
(D) After an offender
or delinquent child registers with a
sheriff pursuant to this section, the sheriff shall forward the
signed, written registration form and photograph to the bureau of
criminal identification and investigation in accordance with the
forwarding procedures adopted pursuant to section 2950.13 of the
Revised Code. 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 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 committed on or after
the effective date of this
amendment, 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 or delinquent child has
been adjudicated as being 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 offender or 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
committed on or
after
the effective date of this amendment.
Sec. 2950.05. (A) If an offender
or delinquent child is
required to
register
pursuant to section 2950.04 of the Revised
Code, the offender
or delinquent
child,
at least
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 of
the
Revised Code or under division (B) of this section. (B) If an offender
or delinquent child is required to
provide notice of a residence, 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 residence address in the manner described in
divisions (B)
and (C) of section 2950.04 of the
Revised Code with
the sheriff of
the county in
which the offender's
or delinquent
child's new
residence address is
located, subject to division (C)
of this
section. (C) Divisions (A) and (B) of this section apply
to a person
who is required to register pursuant to
section 2950.04 of the
Revised Code regardless of whether the new residence, school, institution of higher education, or place of employment
address is in
this state or in another state. If the new residence address is
in another state, the person shall register with the appropriate
law
enforcement officials in that state in the manner required
under the law of
that state and within the earlier of the period
of time required under the law
of that state or at least seven
days prior to changing the residence address. (D)(1) Upon receiving from an offender
or delinquent child
pursuant to
division
(A) of this section notice of a change of the
offender's
or delinquent child's residence, school, institution of higher education, or place of employment address or the delinquent child's residence address, a sheriff
promptly
shall
forward the new residence address to the bureau of
criminal
identification and investigation in accordance with the
forwarding procedures
adopted pursuant to section 2950.13 of the
Revised Code
if the new residence address is in another state or,
if the offender's
or
delinquent child's new
residence address is
located in another county in this state, to the sheriff
of that
county. The bureau
shall include all information forwarded to it
under this division in the state
registry of sex offenders
established and maintained under section 2950.13 of
the Revised
Code and shall forward
notice of the offender's
or delinquent
child's new residence, school, institution of higher education, or place of employment address, as applicable, to
the appropriate officials in the
other state. (2) When an offender
or delinquent child 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 of the Revised Code. (E)(1) No person who is required to notify a sheriff of a
change
of address pursuant to division (A) of this section shall
fail to
notify the appropriate sheriff in accordance with that
division. (2) No person who is required to register a new residence, 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) An offender
or delinquent child who is required to
comply with
divisions (A), (B), and (C) of this section shall
do
so for the period of time specified in section 2950.07 of the
Revised Code.
Sec. 2950.06. (A) An offender
or delinquent child who is
required to
register a residence address pursuant to section 2950.04
of the Revised
Code shall periodically verify the offender's
or delinquent
child's current
residence address, and an offender who is required to register a school, institution of higher education, or place of employment address pursuant to that section shall periodically verify the address of the offender's current school, institution of higher education, or place of employment, in accordance with this section.
The frequency of
verification shall be determined in accordance
with division
(B) of this section, and the manner of
verification
shall be determined in accordance with division
(C) of this
section. (B) The frequency with which an offender
or delinquent child
must
verify the
offender's
or delinquent child's current residence, school, institution of higher education, or place of employment
address pursuant to
division
(A) of this section shall be
determined as follows: (1) Regardless of when the sexually oriented offense for
which the
offender
or delinquent child is required to
register was
committed, if the
offender
or delinquent child has been
adjudicated as being a sexual
predator relative to the sexually
oriented offense, if the delinquent child has been adjudicated a sexual predator relative to the sexually oriented offense and
the court has not
subsequently entered a
determination pursuant to division (D) of
section 2950.09, section
2152.84, or section 2152.85 of the
Revised Code that the
offender
or delinquent
child no
longer is a
sexual predator,
or if the
offender is required to register as a result of an aggravated
sexually oriented offense committed on or after
the effective date
of this amendment, the
offender
or delinquent child shall
verify
the
offender's
or
delinquent
child's current
residence address or current school, institution of higher education, or place of employment address, and the delinquent child shall verify the delinquent child's current residence address, in
accordance with
division (C)
of this section every ninety
days
after the
offender's
or
delinquent child's initial registration
date during
the period the
offender
or delinquent child is
required to
register. (2) In all circumstances not described in division
(B)(1) of
this section, the offender
or delinquent child shall verify
the
offender's
or delinquent child's
current residence address or current school, institution of higher education, or place of employment address, and the delinquent child shall verify the delinquent child's current residence address, in
accordance with
division (C) of this section on each
anniversary
of the offender's
or delinquent child's initial
registration date
during the period the
offender
or delinquent child is required to
register. (C)(1) An offender
or delinquent child who is required to
verify the
offender's
or delinquent child's current residence, school, institution of higher education, or place of employment
address pursuant to division
(A) of this section shall verify the
address with the sheriff with
whom the offender
or delinquent
child most recently registered the address by
personally appearing before the
sheriff or a designee of the sheriff,
no earlier than ten days
before the date on which the verification is required
pursuant to
division (B) of this section
and no later than the date so
required for verification, and completing and
signing a copy of
the verification form prescribed by the bureau of criminal
identification and investigation. The sheriff or
designee shall
sign the completed form and indicate on the form the date on
which
it is so completed.
The verification required under this division
is complete
when the offender
or delinquent child personally
appears before the
sheriff or designee and
completes and signs the
form
as described in this division. (2) To facilitate the verification of an offender's
or
delinquent
child's
current residence, school, institution of higher education, or place of employment address, as applicable, under division (C)(1)
of this section, the
sheriff with whom the offender
or delinquent
child most recently
registered the address may mail
a nonforwardable
verification form prescribed by the bureau of
criminal
identification and investigation to the offender's
or delinquent
child's last
reported address
and to the last reported address of
the parents of the
delinquent child, with a notice that
conspicuously
states that the
offender
or delinquent child must
personally appear before the sheriff
or a designee
of the sheriff
to complete the form and the date by which the
form must be so
completed. Regardless of whether a sheriff
mails a form to an
offender
or delinquent child and that child's
parents, each
offender
or delinquent child who is required
to verify the
offender's
or delinquent child's current residence, school, institution of higher education, or place of employment
address, as applicable,
pursuant to
division (A) of this section
shall personally appear
before the sheriff or a designee of the
sheriff to verify the
address in accordance with division
(C)(1) of this section. (D) The verification form to be used
under division (C) of
this section shall
contain all of the following: (1) Except as provided in division (D)(2) of this section, the current residence address of the
offender
or delinquent
child, the name and address of
the
offender's
or delinquent child's employer if the offender
or
delinquent child is employed at the time of
verification or if the
offender
or delinquent child knows at the time
of verification
that the
offender
or delinquent child will be commencing
employment with that
employer subsequent to
verification, the name and address of the offender's school or institution of higher education if the offender attends one at the time of verification or if the offender knows at the time of registration that the offender will be commencing attendance at that school or institution subsequent to verification, and any
other information required by the bureau of criminal
identification and investigation. (2) Regarding an offender who is verifying a current school, institution of higher education, or place of employment address, the current address of the school, institution of higher education, or place of employment of the offender and any other information required by the bureau of criminal identification and investigation. (E) Upon an offender's
or delinquent child's personal
appearance and
completion of a
verification form under division
(C) of this section, a sheriff
promptly shall forward a copy of
the verification form to the
bureau of criminal identification and
investigation in accordance with the
forwarding procedures adopted
by the attorney general pursuant to section
2950.13 of the Revised
Code. If an offender verifies a school, institution of higher education, or place of employment address, or provides a school or institution of higher education address under division (D)(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 verified 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 all information
forwarded to it
under this division in the state registry of sex offenders
established and maintained under section 2950.13 of the Revised
Code. (F) No person who is required to verify
a current residence, school, institution of higher education, or place of employment
address, as applicable, pursuant to divisions (A) to (C)
of this section shall
fail to verify a current residence, school, institution of higher education, or place of employment address, as applicable, in
accordance with
those divisions
by the date required for the verification as set
forth in
division (B) of this section,
provided that no person
shall be prosecuted
or subjected to a delinquent child proceeding
for a violation of
this division, and that no parent, guardian, or
custodian of a delinquent child shall be prosecuted for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of this division, prior to the
expiration of the period of time
specified in division (G) of this
section. (G)(1) If an offender
or delinquent child fails to verify a
current
residence, school, institution of higher education, or place of employment
address, as applicable, as required by divisions (A) to (C) of
this section
by the date required for the verification as set
forth in
division (B) of this section,
the sheriff with whom the
offender
or delinquent child is required to
verify the
current
residence address, on the day following that date
required for the
verification, shall send a written warning to
the offender
or to
the
delinquent child and that child's parents, at the
offender's
or
delinquent child's and that child's parents' last known
residence, school, institution of higher education, or place of employment
address, as applicable,
regarding the offender's
or delinquent child's
duty to
verify the
offender's
or delinquent child's current
residence, school, institution of higher education, or place of employment
address, as applicable.
The written warning shall
do all of the following: (a) Identify the
sheriff who sends
it and the date on which
it is sent; (b) State conspicuously
that the offender
or delinquent
child has failed to
verify the
offender's
or delinquent child's
current residence, school, institution of higher education, or place of employment address or the delinquent child's current residence address by the
date
required for
the
verification; (c) Conspicuously state that the offender
or
delinquent
child has seven days
from the date
on which the warning
is sent to
verify the current residence, school, institution of higher education, or place of employment
address, as applicable, with the sheriff
who sent the
warning; (d) Conspicuously state that a failure to
timely verify the
specified current
residence address or addresses is a felony offense; (e) Conspicuously state
that, if the offender
or
delinquent
child verifies the current
residence, school, institution of higher education, or place of employment address or the delinquent child verifies the current residence address
with that
sheriff
within that seven-day-period seven-day period, the offender
or delinquent
child
will not be prosecuted
or subjected to a delinquent child
proceeding for a failure to timely verify a
current
residence
address and
the delinquent child's parent, guardian, or custodian
will not be prosecuted based on a failure of the delinquent child
to timely verify an address; (f) Conspicuously state that, if the offender
or delinquent
child does
not verify the
current residence, school, institution of higher education, or place of employment address or the delinquent child verifies the current residence address with that
sheriff within that
seven-day-period seven-day period, the offender
or delinquent
child will be arrested
or taken into custody, as appropriate, and
prosecuted
or subjected to a delinquent child proceeding
for a
failure to timely verify a current residence
address
and the
delinquent child's parent, guardian, or custodian may be
prosecuted for a violation of section 2919.24 of the Revised Code
based on the delinquent child's failure to timely verify a current
residence address.
(2) If an offender
or delinquent child fails to verify a
current
residence, school, institution of higher education, or place of employment
address, as applicable, as required by divisions
(A) to (C) of
this section by the date
required for the verification as set
forth in division
(B) of this section, the
offender
or delinquent
child shall not be prosecuted
or subjected to a delinquent child
proceeding for a violation of
division
(F) of
this section, and
the delinquent child's parent, guardian, or custodian shall not be
prosecuted for a violation of section 2919.24 of the Revised Code
based on the delinquent child's failure to timely verify a current
residence address, as applicable, unless the
seven-day-period seven-day period subsequent to that
date
that the offender
or delinquent
child is
provided under
division
(G)(1)
of this section to verify the current residence
address has
expired and the offender
or delinquent child, prior to
the
expiration
of that
seven-day-period seven-day period, has not verified the
current
residence
address. Upon the expiration of the
seven-day-period seven-day period
that the
offender
or delinquent child is provided
under division
(G)(1) of this
section to
verify the current
residence address has
expired, if the
offender
or delinquent child
has not verified the
current residence
address, all of the
following apply: (a) The sheriff with whom the offender
or delinquent child
is required
to verify the current
residence, school, institution of higher education, or place of employment address, as applicable, promptly shall
notify the bureau of criminal identification
and investigation of
the failure. (b) The sheriff with whom the offender
or delinquent child
is required
to verify the current
residence, school, institution of higher education, or place of employment address, as applicable, the sheriff
of the county in which the offender
or
delinquent child resides,
the sheriff of the county in which is located the offender's school, institution of higher education, or place of employment address that was to be verified, or
a deputy of the appropriate sheriff, shall locate the offender
or
delinquent child, promptly shall
seek a warrant for the arrest
or taking into custody, as
appropriate, of the offender
or
delinquent child for the
violation of division
(F) of this section
and shall arrest the offender
or take the child into
custody, as
appropriate. (c) The offender
or delinquent child is subject to
prosecution
or a delinquent child proceeding for the
violation of
division (F) of this section, and the delinquent child's parent,
guardian, or custodian may be subject to prosecution for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of that division. (H) A person An offender who is required to verify the person's offender's
current
residence, school, institution of higher education, or place of employment address pursuant to divisions (A) to (C)
of this section and a delinquent child who is required to verify the delinquent child's current residence address pursuant to those divisions
shall do so for the period of time specified in section
2950.07 of
the Revised Code.
Sec. 2950.07. (A) The duty of an offender who is convicted
of or
pleads guilty to, or has been convicted of or pleaded guilty
to, a sexually
oriented offense
and the duty of a delinquent child
who is adjudicated a
delinquent child for committing a sexually
oriented offense and is classified a juvenile sex offender
registrant or who is an out-of-state juvenile sex offender
registrant
to comply with sections 2950.04,
2950.05, and
2950.06
of the Revised Code commences on
whichever of the
following dates
is applicable: (1) If the offender's duty to register is imposed
pursuant
to division (A)(1)(a) of
section 2950.04 of the Revised Code, the
offender's duty to
comply with those sections commences regarding residence addresses on
the
date of the offender's release from
a prison term, a term of
imprisonment, or any other type of confinement
or on July 1,
1997,
whichever is
later, and commences regarding addresses of schools, institutions of higher education, and places of employment on the date of the offender's release from a prison term, term of imprisonment, or any other type of confinement or on the effective date of this amendment, whichever is later. (2) If the offender's duty to register is imposed pursuant
to division
(A)(1)(b)
of section 2950.04 of the Revised Code,
the
offender's duty to
comply with those sections commences regarding residence addresses on the
date of entry of the judgment of
conviction of the sexually
oriented offense
or on July 1,
1997, whichever is
later, and commences regarding addresses of schools, institutions of higher education, and places of employment on the date of entry of the judgment of conviction of the sexually oriented offense or on the effective date of this amendment, whichever is later. (3) If the offender's duty to register is imposed
pursuant
to division (A)(1)(c) of
section 2950.04 of the Revised Code,
the
offender's duty to
comply with those sections commences
fourteen
days after July
1, 1997, and commences regarding addresses of schools, institutions of higher education, and places of employment fourteen days after the effective date of this amendment. (4) If the offender's
or delinquent child's duty to register
is imposed pursuant
to division (A)(3)(a) or (b) of
section
2950.04
of the Revised
Code, the offender's duty to comply
with
those
sections commences
regarding residence addresses on
March
30, 1999, or on the
date that
the offender begins
to reside or becomes
temporarily
domiciled in
this state,
whichever is later, the offender's duty regarding addresses of schools, institutions of higher education, and places of employment commences on the effective date of this amendment or on the date the offender begins attending any school or institution of higher education in this state on a full-time or part-time basis or becomes employed in this state, whichever is later, and the delinquent child's duty
commences on
January 1, 2002,
or on the date
the delinquent
child
begins to reside or becomes
temporarily
domiciled in this
state,
whichever is later. (5)
If the delinquent child's duty to register is imposed
pursuant to division (A)(2)
of
section 2950.04 of the Revised
Code, if the delinquent child's classification as a juvenile sex
offender registrant is made at the time of the child's disposition
for that sexually oriented offense, and if the delinquent child is
committed for the sexually oriented offense to the department of
youth services or to a secure facility that is not operated by the
department, the delinquent child's duty to
comply with those
sections
commences on the date of the
delinquent child's discharge
or
release from
custody in the department of youth
services secure
facility or from the secure facility not operated by the
department
as described in that division. (6) If the delinquent child's duty to register is imposed
pursuant to division (A)(2)
of
section 2950.04 of the Revised
Code
and if either the delinquent child's classification as a juvenile
sex offender registrant is made at the time of the child's
disposition for that sexually oriented offense and the delinquent
child is not committed for the sexually oriented offense to the
department of youth services or to a secure facility that is not
operated by the department or the child's classification as a
juvenile sex offender registrant is made pursuant to sections
2152.83 of the Revised Code, the delinquent child's duty to
comply
with those sections commences on the date of entry of the
court's
order that classifies the delinquent child a juvenile sex
offender
registrant. (B) The duty of an offender who is convicted of or pleads
guilty to, or has
been convicted of or
pleaded guilty to,
a
sexually oriented offense
and the duty of a delinquent child who
is adjudicated a delinquent child for committing a sexually
oriented offense and is classified a juvenile sex offender
registrant or who is an out-of-state juvenile sex offender
registrant to comply
with sections
2950.04, 2950.05,
and 2950.06
of the Revised Code continues, after
the
date of commencement, for
whichever of the following periods
is applicable: (1) Except as otherwise provided in this division, if the
offender
or
delinquent child has
been adjudicated
a
sexual
predator relative to the sexually oriented offense
or if
the
offender has the duty to register as a result of an aggravated
sexually oriented offense committed on or after
the effective date
of this amendment, the
offender's
or
delinquent child's duty to
comply with those
sections continues until
the offender's
or
delinquent child's
death.
Regarding an offender or a delinquent
child who has been adjudicated a sexual predator relative to the
sexually oriented offense, if the judge who sentenced
the offender
or made the
disposition for the delinquent child or that
judge's
successor in
office subsequently enters a determination pursuant
to division
(D) of section 2950.09
or pursuant to section 2152.84
or 2152.85
of the Revised Code
that the offender
or
delinquent
child no
longer is a sexual predator,
the
offender's
or
delinquent
child's
duty to comply with those sections
continues
for the
period
of
time that otherwise would have been applicable
to the
offender
or
delinquent child under
division (B)(2) or (3)
of this
section
or, if the offender's duty to register results from a
conviction of or plea of guilty to an aggravated sexually oriented
offense, until the offender's death as specified under this
division. In no case shall the lifetime duty to register comply that is
imposed under this division on an offender who is adjudicated a sexual predator or for an aggravated
sexually oriented offense committed on or after
the effective date
of this amendment, or the adjudication, classification, or conviction that subjects the offender to this division, be removed or terminated. (2) If the judge who sentenced the offender
or made the
disposition for the delinquent child for
committing
the sexually
oriented offense, or the successor in office of the juvenile court
judge who made the delinquent child disposition,
determined
pursuant
to division (E) of section 2950.09
or pursuant to
division (B) of section
2152.83, section 2152.84, or section
2152.85 of the
Revised Code that the
offender
or
delinquent child
is a habitual sex
offender,
the
offender's
or
delinquent child's
duty to comply with those
sections
continues
until the offender's death and the delinquent child's duty to comply with those sections continues for twenty years.
If
a delinquent child is determined pursuant to
division (E) of
section 2950.09 or pursuant to division (B) of section 2152.83,
section
2152.84, or section 2152.85 of the Revised Code to be a
habitual sex offender and if
the judge who made the disposition
for the delinquent child or
that judge's successor in office
subsequently enters a
determination pursuant to section 2152.84 or
2152.85 of the
Revised Code that the delinquent child no longer is
a habitual sex
offender but remains a juvenile sex offender
registrant, the
delinquent child's duty to comply with those
sections continues
for the period of time that otherwise would
have been applicable
to the delinquent child under division (B)(3)
of this section. In no case shall the lifetime duty to comply that is imposed under this division on an offender, or the determination that subjects the offender to this division, be removed or terminated. (3) If neither division (B)(1) nor (B)(2) of this section
applies, the
offender's
or delinquent child's duty to comply with
those sections
continues for ten years.
If a delinquent child is
classified pursuant to section 2152.82 or
2152.83 of the Revised
Code a juvenile sex offender
registrant
and if the judge who made
the disposition for the
delinquent child
or that judge's successor
in office subsequently
enters a
determination pursuant to section
2152.84 or 2152.85 of
the
Revised Code that the delinquent child
no longer is to be
classified a juvenile sex offender registrant,
the delinquent
child's duty to comply with those sections
terminates upon the
court's entry of the determination. (C)(1) If an offender has been convicted
of or pleaded
guilty
to
a sexually oriented offense
or a delinquent child has
been adjudicated a delinquent child for committing a sexually
oriented offense
and
is classified a juvenile sex offender
registrant or is an out-of-state juvenile sex offender registrant,
and if the
offender
subsequently is convicted of or
pleads guilty
to
another
sexually
oriented
offense
or the
delinquent child
subsequently is
adjudicated a delinquent child
for committing
another sexually
oriented offense and is classified
a juvenile sex
offender
registrant relative to that offense or
subsequently is
convicted
of or pleads guilty to another sexually
oriented
offense, the
period of time for which the offender
or
delinquent
child
must
comply with the
sections specified in
division (A) of
this section
shall be
separately calculated
pursuant to divisions
(A)(1)
to (6) and (B)(1) to (3)
of
this
section for
each
of the
sexually
oriented offenses, and
the
separately
calculated
periods
of time shall be
complied with
independently.
If a delinquent child has been adjudicated a delinquent child
for committing a
sexually oriented offense, is classified a
juvenile sex offender
registrant or is an out-of-state juvenile
sex offender registrant relative to the offense, and,
after
attaining eighteen
years of age, subsequently is convicted
of or
pleads guilty to
another sexually oriented offense, the
subsequent
conviction or
guilty plea does not limit, affect, or
supersede the
duties
imposed upon the delinquent child under this
chapter
relative to
the delinquent child's classification as a
juvenile
sex offender
registrant or as an out-of-state juvenile sex
offender registrant, and the delinquent child shall
comply with
both those
duties and the duties imposed under this
chapter
relative to the
subsequent conviction or guilty plea. (2) If a delinquent child has been adjudicated a delinquent
child for committing on or after
January 1, 2002, a sexually
oriented offense and is
classified
a juvenile
sex offender
registrant relative to the
offense, if the
order
containing the
classification also contains
a determination
by the
juvenile judge
that the delinquent child is
a sexual
predator or a
habitual sex
offender, and if the juvenile
judge or
the judge's
successor in
office subsequently determines
pursuant
to section
2152.84 or
2152.85 of the Revised Code that
the
delinquent child
no longer is
a sexual predator or habitual
sex
offender, the
judge's subsequent
determination does not affect
the
date of
commencement of the
delinquent child's duty to comply
with
sections 2950.04, 2950.05,
and 2950.06 of the Revised Code as
determined under division (A)
of this section. (D) The duty of an offender
or delinquent child to register
under this
chapter is
tolled for any period during which the
offender
or delinquent child is
returned to confinement
in a
secure facility for
any
reason or imprisoned for an offense when
the confinement
in a secure facility or
imprisonment
occurs
subsequent to the date
determined pursuant to
division
(A) of this
section. The
offender's
or delinquent
child's duty to
register
under this
chapter resumes upon the
offender's
or delinquent
child's release
from
confinement
in a secure facility or
imprisonment. (E) An offender
or delinquent child who has been convicted
of or
pleaded guilty to,
or has been or is adjudicated a
delinquent child
for committing, a
sexually oriented offense in
another state or, in a federal court, military
court, or an Indian
tribal court, or in a court of any nation other than the United States may apply to the sheriff of the
county in which the
offender
or delinquent child resides or temporarily
is domiciled, or in which the offender attends a school or institution of higher education or is employed,
for credit
against the duty to register for the time that the
offender
or delinquent
child has complied with
the sex
offender
registration requirements of another jurisdiction. The sheriff
shall
grant the offender
or delinquent child credit against the
duty to
register for time for which the
offender
or delinquent
child provides adequate proof that the offender
or delinquent
child
has complied with the sex
offender registration requirements
of another jurisdiction. If the offender
or delinquent child
disagrees with the determination of the sheriff,
the offender
or
delinquent child may appeal the
determination to the court of
common pleas of the county in which the offender
or delinquent
child resides or is temporarily domiciled, or in which the offender attends a school or institution of higher education or is employed.
Sec. 2950.08. The (A) Subject to division (B) of this section, the statements, information, photographs, and
fingerprints required by sections 2950.04, 2950.05,
and 2950.06 of the Revised Code and provided by a
person who registers, who provides notice of a change of
residence, school, institution of higher education, or place of employment address and registers the new residence, school, institution of higher education, or place of employment address, or who provides
verification of a current residence, school, institution of higher education, or place of employment address pursuant to those sections and
that are in the possession of the bureau of criminal identification and
investigation and the information in the possession of the bureau that was
received by the bureau pursuant to section 2950.14 of the Revised Code
shall not be open to inspection by the
public or by any person other than the following persons: (A)(1) A regularly employed peace officer or other law enforcement
officer;
(B)(2) An authorized employee of the bureau of criminal identification and
investigation for the purpose of providing information to a board,
administrator, or person pursuant to division (F) or (G) of section
109.57 of the Revised Code.
(B) Division (A) of this section does not apply to any information that is contained in the internet sex offender database established by the attorney general under division (A)(11) of section 2950.13 of the Revised Code regarding offenders and that is disseminated as described in that division.
Sec. 2950.081. (A) Any statements, information, photographs,
or
fingerprints
that are required to be provided, and that are provided, by an offender or delinquent child pursuant to section 2950.04, 2950.05, or 2950.06 of the
Revised Code requires a person to provide,
that are provided by a
person who registers, who provides notice of a change
of
residence
address and registers the new residence address, or who provides
verification of a current residence address pursuant to any
provision of those
sections, and that are in the possession of a
county sheriff are public
records
open to public inspection under
section 149.43 of the Revised Code.
(B) Except when the act that is the basis of a child's
classification as a juvenile sex offender registrant is a
violation of, or an attempt to commit a violation of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that was
committed with a purpose to gratify the sexual needs or desires of
the child, a violation of section 2907.02 of the Revised Code, or
an attempt to commit a violation of that section, the sheriff
shall not cause to be publicly disseminated by means of the
internet any statements, information, photographs, or fingerprints
that are provided by a juvenile sex offender registrant who
registers, who provides notice of a change of residence address
and registers the new residence address, or who provides
verification of a current residence address pursuant to this
chapter and that are in the possession of a county sheriff.
Sec. 2950.09. (A) If a person is convicted of or pleads
guilty to committing, on or after January 1, 1997, a sexually
oriented offense that is a sexually violent offense and also is
convicted of or pleads guilty to a sexually violent predator
specification that was included in the indictment, count in the
indictment, or information charging the sexually violent offense,
the conviction of or plea of guilty to the specification
automatically classifies the offender as a sexual predator for
purposes of this chapter. If a person is convicted of, pleads
guilty to, or is
adjudicated a delinquent child for committing, a
sexually oriented
offense in another state, or in a federal court,
military court,
or an Indian tribal court, or in a court of any nation other than the United States, 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 and is required to
verify
the person's address
on at least a quarterly basis each
year, 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
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
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 a sexually violent
offense and a sexually violent predator specification was not
included in the indictment, count in the indictment, or
information charging the sexually violent offense.
(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, 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 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 sex 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 sex 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
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 committed on or after the
effective date of this amendment, 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 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 as being a sexual
predator. In making a determination under this division as to
whether to recommend that the offender be adjudicated as being a
sexual predator, the department shall consider all relevant
factors, including, but not limited to, all of the factors
specified in division (B)(2) of this section. If the department
determines that it will recommend that the offender be adjudicated
as being a sexual predator, it immediately shall send the
recommendation to the court that sentenced the offender and. 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 of rehabilitation and correction sends to a court a
recommendation that an offender who has been convicted of or
pleaded guilty to a sexually oriented offense be adjudicated as
being a sexual predator, the court is not bound by the
department's recommendation, and the court may shall conduct a hearing
to determine whether the offender is a sexual predator. The In any case, the court
may deny the recommendation and determine that the offender is not
a sexual predator without a hearing but shall not make a
determination that as to whether the offender is, or is not, a sexual predator in any case
without a hearing. The court may hold the hearing and make the
determination prior to the offender's release from imprisonment or
at any time within one year following the offender's release from
that imprisonment. If the court determines without a hearing that
the offender is not a sexual predator, it shall include its
determination in the offender's institutional record and (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 court determined that the
offender is not a sexual predator department made its determination. The court may make the determination as to conduct a hearing to determine whether the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense but may make the determination without a hearing, but. 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 regarding the offender's place of
residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code without a hearing. The court may conduct a
hearing to determine both whether the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense and
whether to impose a requirement that the offender be subject to
the community notification provisions as described in this
division, or may conduct a hearing solely to make the latter
determination. The court shall include in the offender's
institutional record any determination made under this division as
to whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense, and, as such,
whether the offender is a habitual sex offender. (b) If the court schedules (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, it shall be
conducted in the manner described in division (B)(1) of this
section regarding hearings conducted under that division and, in
making a determination under this division as to whether the
offender is a sexual predator, the court shall consider all
relevant factors, including, but not limited to, all of the
factors specified in division (B)(2) of this section. After
reviewing all testimony and evidence presented at the sexual
predator hearing and the factors specified in division (B)(2) of
this section, the court shall determine by clear and convincing
evidence whether the offender is a sexual predator. If the court
determines 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 hearing is to determine whether the offender is a
sexual predator, and if the court determines that the offender is
not a sexual predator and that the offender previously has not
been convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted, it shall include its determinations in the offender's
institutional record its determinations and the reason or reasons why it determined that the offender is not a sexual predator. (ii) If the hearing is to determine whether the offender is
a sexual predator, and if the court determines that the offender
is not a sexual predator but that the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted, it shall include its determination that the offender is
not a sexual predator but is a habitual sex offender in the
offender's institutional record 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 regarding the offender's place
of residence that are contained in sections 2950.10 and 2950.11 of
the Revised Code. The offender shall not be subject to those
community notification provisions relative to the sexually
oriented offense in question if the court does not so impose the
requirement described in this division. If the court imposes
those community notification provisions that requirement, the offender may appeal
the judge's determination that the offender is a habitual sex
offender. (iii) If the hearing is to determine whether the offender
previously has been convicted of or pleaded guilty to a sexually
oriented offense other than the offense in relation to which the
hearing is being conducted and whether to impose a requirement
that the offender be subject to the specified community
notification provisions, and if the court determines that the
offender previously has been convicted of or pleaded guilty to
such an offense, the court shall proceed as described in division
(C)(2)(b)(ii) of this section and may impose a community
notification requirement as described in that division. The
offender shall not be subject to the specified community
notification provisions relative to the sexually oriented offense
in question if the court does not so impose the requirement
described in that division. If the court imposes those community
notification provisions, the offender may appeal the judge's
determination that the offender is a habitual sex offender. (iv) If the court determined without a hearing that the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense other than the offense in relation to
which the court determined that the offender is not a sexual
predator, and, as such, is a habitual sex offender, and the
hearing is solely to determine whether to impose a requirement
that the offender be subject to the specified community
notification provisions, after the hearing, the court may impose a
community notification requirement as described in division
(C)(2)(b)(ii) of this section. The offender shall not be subject
to the specified community notification provisions relative to the
sexually oriented offense in question if the court does not so
impose the requirement described in that division. If the court
imposes those community notification provisions, the offender may
appeal the judge's determination that the offender is a habitual
sex offender.
(v) If the hearing is to determine whether the offender is a
sexual predator, and if the court determines by clear and
convincing evidence that the offender is a sexual predator, it
shall enter its determination in the offender's institutional
record, shall attach the determination to the offender's sentence,
shall specify that the determination was pursuant to division (C)
of this section, and shall provide a copy of the determination to
the offender, to the prosecuting attorney, and to the department
of rehabilitation and correction. The offender and the prosecutor
may appeal as a matter of right the judge's determination under
this division 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 whether to subject the offender to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code, 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. 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. (D)(1)
Division (D) of this section applies does not apply to
persons
any person who
have has been convicted of or pleaded guilty to a sexually
oriented
offense
and also. 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 and
who has been
classified by a juvenile court judge a juvenile sex
offender
registrant or, if applicable, additionally has been
determined by
a juvenile court judge to be a sexual predator or
habitual sex
offender, may petition the adjudicating court for a
reclassification or declassification pursuant to section 2152.85
of the Revised Code. Upon the expiration of the applicable period of time
specified in division (D)(1)(a) or (b) of this section, an
offender who has been convicted of or pleaded guilty to
a sexually
oriented offense and who
has been adjudicated as being
a
sexual
predator relative to the sexually oriented offense in the
manner
described in division (B) or (C) of this section
may
petition the
judge who made the determination that the offender was a sexual
predator, or
that judge's successor
in office, to enter a
determination that
the offender no longer is a sexual predator.
Upon the filing
of
the petition, the judge may review the prior
sexual predator
determination
that comprises the sexual
predator
adjudication, and, upon consideration of 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, either
shall
enter a
determination that the offender no longer is a
sexual
predator or
shall enter an order denying the petition. The
judge
shall not
enter a determination under this division
that the
offender delinquent child no
longer is a sexual
predator unless the
judge
determines by clear
and convincing
evidence that the
offender delinquent child is
unlikely to
commit a
sexually oriented offense in the
future. If
the judge
enters a
determination under this division
that the
offender delinquent child no longer is a
sexual predator, the judge shall
notify
the bureau of criminal
identification and investigation and
the
parole board 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 offender delinquent child most
recently registered under section 2950.04
or
2950.05 of the
Revised Code of the determination that the
offender delinquent child no longer is
a sexual predator.
If the judge enters a determination under this
division that the offender no longer is a sexual predator and if
the offender has a duty to register under section 2950.04 of the
Revised Code resulting from the offender's conviction of or plea
of guilty to committing on or after the effective date of this
amendment an aggravated sexually oriented offense, the entry of
the determination under this division does not affect any duties
imposed upon the offender under this chapter as a result of that
conviction of or plea of guilty to the aggravated sexually
oriented offense. If the judge
enters an
order denying the
petition, the prior adjudication of
the offender
as a sexual
predator shall remain
in effect. An offender
determined to be a
sexual predator in the manner described in
division (B) or (C) of
this section may file a petition under this
division after the
expiration of the following periods of time:
(a) Regardless of when the sexually oriented offense was
committed, if, on or after January 1, 1997, the offender is
imprisoned or sentenced to a prison term or other confinement for
the sexually oriented offense in relation to which the
determination was made, the offender initially may file the
petition not earlier than one year prior to the offender's release
from the imprisonment, prison term, or other confinement by
discharge, parole, judicial release, or any other final release.
If the offender is sentenced on or after January 1, 1997, for the
sexually oriented offense in relation to which the determination
is made and is not imprisoned or sentenced to a prison term or
other confinement for the sexually oriented offense, the offender
initially may file the petition upon the expiration of one year
after the entry of the offender's judgment of conviction.
(b) After the offender's initial
filing of a petition under
division (D)(1)(a) of this section,
thereafter, an offender may
file a petition
under this division upon the expiration of five
years after the
court has entered an order denying
the petition
under division (D)(1)(a) of this section or the most recent
petition the
offender has filed under this division.
(2) Except as otherwise provided in this division, division
(D)(1) of this section does
not apply to a person who is
classified as a sexual predator
pursuant to division (A) of this
section. If a person who is so
classified was sentenced to a
prison term pursuant to division
(A)(3) of section 2971.03 of the
Revised Code and if the
sentencing court terminates the offender's
prison term as provided
in division (D) of section 2971.05 of the
Revised Code, the
court's termination of the prison term
automatically shall
constitute a determination by the court that
the offender no
longer is a sexual predator.
However, if there is
a determination under this division that the offender no longer is
a sexual predator and if the offender has a duty to register under
section 2950.04 of the Revised Code resulting from the offender's
conviction of or plea of guilty to committing on or after the
effective date of this amendment an aggravated sexually oriented
offense, the determination under this division does not affect any
duties imposed upon the offender under this chapter as a result of
that conviction of or plea of guilty to the aggravated sexually
oriented offense. If the court so
terminates the
offender's
prison term, the court shall notify the
bureau of
criminal
identification and investigation and the parole
board of
the
determination that the offender no longer is a sexual
predator.
Upon receipt of the notification, the bureau promptly
shall notify
the sheriff with whom the offender most recently
registered under
section 2950.04 or 2950.05 of the Revised Code
that the offender
no longer is a sexual predator. If an offender
who has been convicted of or pleaded guilty to a sexually oriented offense is classified
as a sexual predator pursuant to division (A) of
this section is
released from prison pursuant to a pardon or
commutation or has been adjudicated as a sexual predator relative to the offense as described in division (B) or (C) of this section, the
classification or adjudication of the offender as a sexual
predator shall remain
in effect after the offender's release, and
the offender may file
one or more petitions in accordance with the
procedures and time
limitations contained in division (D)(1) of
this section for a
determination that the offender no longer is a
sexual predator 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, 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
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 shall
determine, prior to entering the
order classifying
the delinquent
child a juvenile sex 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
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 sex 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 sex 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
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 sex offender registrant that the
judge
has
determined that the offender
or delinquent child is not
a
habitual
sex offender. If the judge determines that the
offender
or
delinquent child
previously has been convicted of or
pleaded
guilty to, or been
adjudicated a delinquent child for
committing,
a sexually oriented
offense
and that the offender
satisfies all
other criteria for being a habitual sex 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 sex offender
registrant that the judge
has
determined that the offender
or
delinquent child is a habitual
sex
offender and may impose a
requirement in that sentence and
judgment of conviction
or in that
order that the
offender
or
delinquent child be
subject to the
community
notification
provisions regarding the
offender's
or
delinquent
child's place of
residence that are
contained in
sections 2950.10
and 2950.11 of
the Revised Code.
Unless the
habitual sex offender
also has been
adjudicated as
being a sexual
predator relative to
the sexually
oriented offense
in question
or the habitual sex offender was
convicted of or pleaded guilty to an aggravated sexually oriented
offense that was committed on or after the effective date of this
amendment,
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 sex 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 sex offender registration
requirements of this chapter or the
community notification
provisions contained in sections 2950.10
and 2950.11 of the
Revised Code if all of the following apply: (a) The offender
or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing, a sexually oriented offense in another state or, in a
federal court, a military court, or an Indian tribal court, 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 and
is
required to verify the offender's
or delinquent child's address
on
at least a quarterly basis each year. (c) The offender
or delinquent child was automatically
classified as a sexual predator under division (A) of this section
in relation to the conviction, guilty plea, or adjudication
described in division (F)(1)(a) of this section. (2) The court may enter a determination that the offender
or
delinquent child filing the petition described in division (F)(1)
of this section is not an adjudicated sexual predator in this
state for purposes of the sex offender registration requirements
of this chapter or the community notification provisions contained
in sections 2950.10 and 2950.11 of the Revised Code only if the
offender
or delinquent child proves by clear and convincing
evidence that the requirement of the other jurisdiction that the
offender
or delinquent child register as a sex offender until the
offender's
or delinquent child's death and the requirement that
the offender
or delinquent child verify the offender's
or
delinquent child's address on at least a quarterly basis each year
is not substantially similar to a classification as a sexual
predator for purposes of this chapter. 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.
Sec. 2950.10. (A)(1) If a person is
convicted of or pleads
guilty to, or has been convicted of or pleaded
guilty to, a
sexually oriented
offense
or a person is adjudicated a delinquent
child for committing a sexually oriented offense
and is classified
a juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, if the
offender
or
delinquent child
is in any category specified in
division (B)(1)(a), (b), or (c) of this section, if the
offender
or
delinquent child
registers
with a
sheriff pursuant to section
2950.04 or 2950.05 of
the
Revised
Code, and if the victim of the
sexually oriented
offense
has made
a request in accordance with
rules adopted by the
attorney
general
that specifies that the
victim would like to be
provided the
notices
described in this
section, the sheriff shall
notify the
victim of the sexually
oriented offense, in writing,
that the
offender
or delinquent
child has
registered and shall
include in
the notice the
offender's
or delinquent child's name
and
residence
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 name and residence address or addresses.
The sheriff shall provide the
notice
required by this
division to the victim
at the most recent
residence address
available for that victim, not later than
seventy-two hours five days after
the offender
or delinquent child registers
with
the sheriff. (2) If a person is convicted of or pleads guilty to,
or has
been convicted
of or pleaded guilty to, a sexually oriented
offense
or a person is adjudicated a delinquent child for
committing a
sexually oriented offense and is
classified a
juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, if
the
offender
or delinquent
child
is in any category
specified in
division (B)(1)(a), (b), or (c) of this section, if
the
offender
or
delinquent child registers with a
sheriff pursuant
to
section
2950.04 or 2950.05 of the Revised
Code, if the victim
of the
sexually
oriented offense has made a
request in accordance
with
rules
adopted by the attorney general
that
specifies that the
victim
would like to be provided the
notices described in
this
section,
and if the offender
or
delinquent child notifies the
sheriff of a
change of residence, school, institution of higher education, or place of employment address or the delinquent child notifies the sheriff of a change of residence
address pursuant to
section
2950.05 of the
Revised Code, the
sheriff shall
notify the victim
of the sexually
oriented offense,
in writing, that the
offender's
or delinquent
child's residence
address has changed and
shall
include in the
notice the
offender's
or delinquent child's name
and the new residence
address or
addresses of the offender's residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's name and new residence address or addresses.
The
sheriff shall provide
the notice
required by this division to
the victim at
the most
recent
residence address available for that
victim, no later
than
seventy-two hours five days after the offender
or
delinquent child notifies
the sheriff of the change
in the
offender's
or delinquent child's
residence, school, institution of higher education, or place of employment address. (3) If
a person is convicted of or pleads guilty
to, or
has
been
convicted of or pleaded guilty to, a sexually
oriented
offense
or a person is adjudicated a delinquent child for
committing a
sexually oriented offense and is
classified a
juvenile sex offender registrant or is an out-of-state juvenile
sex offender registrant based on that adjudication, and if the
offender
or
delinquent child is adjudicated as
being a sexual
predator
relative to the sexually
oriented offense
or the offender
or
delinquent child is determined
pursuant
to
division (E) of
section
2950.09, division (B) of section 2152.83, section
2152.84, or section 2152.85 of the Revised
Code
to be a
habitual
sex offender and is made subject to in any category specified in division (B)(1)(a), (b), or (c) of this section,
the
victim of
the offense may make a request in accordance with
rules
adopted by
the attorney general pursuant
to section 2950.13
of the
Revised
Code that specifies that the
victim would like to
be
provided the
notices described in
divisions (A)(1) and (2) of
this
section. If
the victim makes a request in
accordance with
those
rules, the
sheriff described in divisions
(A)(1) and (2) of
this
section
shall provide the victim with the notices
described
in
those
divisions. (4) If a victim makes a request as described in division
(A)(3) of this
section that specifies that the victim would like
to be provided the notices
described in divisions (A)(1)
and (2)
of this section, all information a sheriff obtains
regarding the
victim from or as a result of the request is
confidential, and the
information is not a public record open
for inspection under
section 149.43 of the Revised Code. (5) The notices described in divisions
(A)(1) and (2) of
this section are in addition
to any notices regarding the offender
or delinquent child that the
victim is entitled to receive
under
Chapter 2930. of the Revised Code. (B)(1) The duties to provide the notices described in
divisions (A)(1) and (2) 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)(1) or
(2) 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, and, regarding a delinquent child, the court has not
subsequently determined pursuant to division (D) of section
2950.09, section 2152.84, or section 2152.85 of the Revised Code
that the offender or delinquent child no longer is a sexual
predator. (b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender to this section, and, regarding a delinquent child, the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code. (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 committed on or after
the
effective date of this amendment, 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 and,
if the offender has been so adjudicated or determined to be a habitual sex offender, regardless
of whether the court has subsequently determined that the offender
no longer is a sexual predator or whether the habitual sex
offender determination has not been removed as described in
division (A)(1)(a) or (b) of this section. (2) A victim of a sexually oriented offense is not entitled
to
be provided any notice described in division (A)(1) or (2) of
this section
unless the offender
or delinquent child is
in a
category
specified in division (B)(1)(a), (b), or (c) of this
section.
A
victim of a
sexually oriented offense is not
entitled
to any
notice described
in division (A)(1) or (2) of this
section
unless
the victim makes
a request in accordance with rules
adopted
by the
attorney general
pursuant to section 2950.13 of the
Revised
Code
that specifies
that the victim would like to be
provided the
notices
described in
divisions (A)(1) and (2) of this
section.
This division does not
affect any rights of a victim of a
sexually
oriented offense to be
provided
notice regarding an
offender
or
delinquent child that are
described in
Chapter
2930. of the
Revised Code.
Sec. 2950.11. (A) As used in this section, "specified
geographical notification area" means the geographic area or areas
within
which the attorney general, by rule adopted under section
2950.13 of the Revised Code, requires the notice described in
division (B) of
this section to be given to the persons identified
in divisions
(A)(2) to (8) of this section. If a person is
convicted of or pleads guilty to, or has been convicted of or
pleaded
guilty
to, a sexually
oriented offense
or a person is
adjudicated a delinquent child for committing a sexually oriented
offense and is classified a juvenile sex
offender registrant or is
an out-of-state juvenile sex offender registrant based on that
adjudication, and if the offender
or
delinquent child
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 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
of the Revised Code,
within the period
of
time
specified
in
division (C)
of this
section, shall provide a
written
notice
containing the
information
set forth in division
(B) of
this
section
to all of
the following
persons: 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. (1) All of the following types of persons: (a) Except as otherwise provided in divisions (A)(1)(b) and (c) of this section, all occupants of residences
that are located on premises that are within one
thousand feet of
the premises on which the offender's
or delinquent
child's place of
residence is located and that are
located within
the county served by the sheriff
and all; (b) If the offender's or delinquent child's place of residence is in a multi-resident building, all occupants of residences in the same building that share a common hallway with the offender's or delinquent child's place of residence, and either the manager of the building or any party authorized by the owner of the building to exercise management, custody, and control of the building. The manager or other party shall permit the sheriff to post, and the sheriff shall post, a copy of the notice prominently in each of the common entryways to the building. This division does not prohibit the sheriff from notifying occupants of residences in the multi-resident building referred to in this division by mail or by personal contact. If the sheriff notifies occupants of residences in that multi-resident building by mail or by personal contact, the sheriff is not required to post any copy of the notice in any common entryway to that building.
(c) If division (A)(1)(b) of this section does not apply, the manager of each multi-resident building that is located within one thousand feet of the premises on which the offender's or delinquent child's place of residence is located and that is located within the county served by the sheriff or any party authorized by the owner of the building to exercise management, custody, and control of the building. The manager or other party shall permit the sheriff to post, and the sheriff shall post, a copy of the notice prominently in each of the common entryways to the building. This division does not prohibit the sheriff from notifying occupants of residences in one or more of the multi-resident buildings referred to in this division by mail or by personal contact. If the sheriff notifies occupants of residences in a multi-resident building referred to in this division by mail or by personal contact, the sheriff is not required to post any copy of the notice in any common entryway to that building.
(d) All additional
neighbors of
the offender
or delinquent child
who are within
any
category
that
the attorney general by rule
adopted under section
2950.13 of the
Revised
Code requires to be
provided the notice and
who reside
within the county
served by the
sheriff; (2) The executive director of the public children services
agency that has
jurisdiction within the specified geographical
notification area and that is located within the county served by
the sheriff; (3)(a) The superintendent of each board of education of a
school
district
that has schools within the specified geographical
notification area and that
is located within the county served by
the sheriff; (b) The principal of the school within the specified
geographical notification area and within the county served by the
sheriff
that the delinquent
child attends; (c) If the delinquent child attends a school outside of the
specified geographical notification area or outside of the school
district
where the delinquent
child resides, the superintendent of
the board of education of a school
district that governs
the
school that the delinquent child attends and the principal of
the
school that the delinquent child attends. (4)(a) The appointing or hiring officer of each chartered
nonpublic
school
located within the specified geographical
notification area and within the
county served by the sheriff or
of each other school
located within the specified geographical
notification area and within the
county served by the sheriff and
that is not
operated by a board of education
described in division
(A)(3) of this section; (b) Regardless of the location of the school, the appointing
or
hiring officer of a chartered nonpublic school that the
delinquent child
attends. (5) The director, head teacher, elementary principal, or
site administrator
of each preschool program governed by Chapter
3301. of
the Revised Code that is located within the specified
geographical notification area and within the county served by the
sheriff; (6) The administrator of each child day-care center or type
A family day-care home that is located
within the specified
geographical notification area and within the county
served by the
sheriff, and the provider of each
certified type B family day-care
home that is located
within the specified geographical
notification area and within the county
served by the sheriff. As
used in this division, "child day-care center,"
"type A family
day-care home," and "certified type B family day-care home"
have
the same meanings as in section 5104.01 of the Revised Code. (7) The president or other chief administrative officer of
each
institution of higher education, as defined in
section
2907.03 of the Revised Code, that is located within
the specified
geographical notification area and within the county served by
the
sheriff, and the chief
law enforcement officer of the state
university law enforcement
agency or campus police department
established under section
3345.04 or 1713.50 of the Revised Code,
if any, that serves
that institution; (8) The sheriff of each county that includes any portion of
the specified
geographical notification area; (9) If the offender
or delinquent child resides within the
county
served by the sheriff, the
chief of police, marshal, or
other chief law enforcement officer of the
municipal corporation
in which the offender
or delinquent child resides
or, if the
offender
or delinquent child
resides in an unincorporated area,
the constable or chief of the
police department or police district
police force of the
township in which the offender
or delinquent
child resides. (B) The notice required under division (A) of this
section
shall include all
of the following information regarding the
subject offender
or delinquent
child: (1) The offender's
or delinquent child's name; (2) The address or addresses at which the offender
or
delinquent child
resides 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 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
or delinquent child has
been
adjudicated as being 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 offender
or delinquent child no longer
is a sexual predator,
or a
statement that the sentencing or reviewing judge has
determined that
the offender
or delinquent child is a
habitual sex
offender
and that, as of the date of the notice, the determination 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 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 of the Revised
Code is
required by
division
(A) of this section to provide
notices
regarding an offender
or delinquent
child and if, pursuant
to that
requirement, the sheriff provides a notice to
a sheriff of
one
or
more other counties in accordance with division (A)(8) of
this
section, the
sheriff of each of the other counties who is
provided
notice
under division (A)(8) of this section shall
provide the
notices described in
divisions
(A)(1) to (7) and
(A)(9) of this
section to each
person or entity identified within
those divisions
that is
located within the geographical
notification area and
within the
county served by the sheriff in
question. (D)(1) A sheriff required by division (A) or (C)
of this
section to provide notices regarding an offender
or delinquent
child shall provide the
notice to the neighbors that
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
seventy-two hours five days after the
offender sends the notice of intent to reside to the sheriff and
again no later than seventy-two
hours 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
seventy-two hours 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 seventy-two hours 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. (E) All information that a sheriff possesses regarding a
sexual predator or a
habitual sex offender that is described in
division
(B) of this section and that must be provided
in a notice
required under division (A) or (C)
of this section or that may be
provided in a notice authorized under
division (D)(2) of this
section is a public record that is open
to inspection under
section 149.43 of the Revised Code. If the sexual predator or habitual sex offender is a juvenile
sex offender registrant, the sheriff shall not cause any of the
information described in this division to be publicly disseminated
by means of the internet, except when the act that is the basis of
a child's classification as a juvenile sex offender registrant is
a violation of, or an attempt to commit a violation of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that was
committed with a purpose to gratify the sexual needs or desires of
the child, a violation of section 2907.02 of the Revised Code, or
an attempt to commit a violation of that section. (F)(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, and, regarding a delinquent child, the court has not
subsequently determined pursuant to division (D) of section
2950.09, section 2152.84, or section 2152.85 of the Revised Code
that the offender or delinquent child no longer is a sexual
predator. (b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender to this section, and, regarding a delinquent child, the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code. (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 committed on or after
the
effective date of this amendment, 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 and,
if the offender has been so adjudicated or determined, regardless
of whether the court has subsequently determined that the offender
no longer is a sexual predator or whether the habitual sex
offender determination has not been removed as described in
division (F)(1)(a) or (b) of this section. (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, 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, division
(B) of section
2152.83,
section 2152.84, or section 2152.85 of the
Revised Code
to be a
habitual sex
offender
unless the sentencing
or reviewing
court
imposes a requirement
in
the offender's
sentence and in the
judgment of conviction that
contains the
sentence
or in the
delinquent child's adjudication,
or
imposes a
requirement as
described in
division (C)(2) of
section 2950.09 of
the Revised
Code, that subjects the
offender
or
the delinquent
child to the
provisions of this section. (G) The department of job and family services shall compile,
maintain,
and
update in
January and July of each year, a list of
all agencies, centers, or homes of a type described in division
(A)(2) or (6) of this section
that contains the name of each
agency, center, or home of that type, the
county in which it is
located, its address and telephone number,
and the name of an
administrative officer or employee of the
agency, center, or home.
The department of education shall
compile, maintain, and update in
January and July of each year, a list of
all boards of education,
schools, or programs of a type
described in division (A)(3),
(4),
or (5) of this section that contains the name of each
board of
education, school, or program of that type, the county in which it
is located, its address and telephone number, the name of the
superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board
of
education, the county or counties in which each of its
schools is
located and the address of each such school. The
Ohio board of
regents shall compile, maintain, and update in
January and July of
each year, a list of
all institutions of a type described in
division
(A)(7) of this section that
contains the name of each
such institution, the county in which
it is located, its address
and telephone number, and the name of
its president or other chief
administrative officer. A sheriff
required by division (A) or (C)
of this section, or authorized by
division (D)(2) of this section,
to provide
notices regarding an offender
or delinquent child, or a
designee of a
sheriff of that type,
may request the department of
job and family services, department of
education, or Ohio board of
regents, by telephone, in person, or by mail, to provide the
sheriff or designee with the names, addresses, and telephone
numbers of the appropriate persons and entities to whom the
notices described in divisions
(A)(2) to (7) of this section
are
to be provided. Upon receipt of a request, the
department or
board shall provide the requesting sheriff or
designee with the
names, addresses, and telephone numbers of the
appropriate persons
and entities to whom those notices are to be
provided.
Sec. 2950.111. (A) If an offender or delinquent child registers a residence address, provides notice of a change of any residence address, or verifies a current residence address pursuant to section 2950.04, 2950.05, or 2950.06 of the Revised Code, all of the following apply:
(1) At any time after the registration, provision of the notice, or verification, the sheriff with whom the offender or delinquent child so registered or to whom the offender or delinquent child so provided the notice or verified the current address, or a designee of that sheriff, may contact a person who owns, leases, or otherwise has custody, control, or supervision of the premises at the address provided by the offender or delinquent child in the registration, the notice, or the verification and request that the person confirm or deny that the offender or delinquent child currently resides at that address.
(2) Upon receipt of a request under division (A)(1) of this section, notwithstanding any other provision of law, the person who owns, leases, or otherwise has custody, control, or supervision of the premises, or an agent of that person, shall comply with the request and inform the sheriff or designee who made the request whether or not the offender or delinquent child currently resides at that address.
(3) Section 2950.12 of the Revised Code applies to a person who, in accordance with division (A)(2) of this section, provides information of the type described in that division.
(B) Division (A) of this section applies regarding any public or private residential premises, including, but not limited to, a private residence, a multi-unit residential facility, a halfway house, a homeless shelter, or any other type of residential premises. Division (A) of this section does not apply regarding an offender's registration, provision of notice of a change in, or verification of a school, institution of higher education, or place of employment address pursuant to section 2950.04, 2950.05, or 2950.06 of the Revised Code.
(C) A sheriff or designee of a sheriff may attempt to confirm that an offender or delinquent child who registers a residence address, provides notice of a change of any residence address, or verifies a current residence address as described in division (A) of this section currently resides at the address in question in manners other than the manner provided in this section. A sheriff or designee of a sheriff is not limited in the number of requests that may be made under this section regarding any registration, provision of notice, or verification, or in the number of times that the sheriff or designee may attempt to confirm, in manners other than the manner provided in this section, that an offender or delinquent child currently resides at the address in question.
Sec. 2950.12. (A) Except as provided in division (B) of
this section, any of
the following persons shall be immune from
liability in a civil action to
recover damages for injury, death,
or loss to person or property allegedly
caused by an act or
omission in connection with a power, duty, responsibility,
or
authorization under this chapter or under rules adopted under
authority of
this chapter: (1) An officer or employee of the bureau of criminal
identification and
investigation; (2) The attorney general, a chief of police, marshal, or
other chief law
enforcement officer of a municipal corporation, a
sheriff, a constable or
chief of police of a township police
department or police district police
force, and a deputy,
officer,
or employee of the office of the attorney general, the law
enforcement agency served by the marshal or the municipal or
township chief,
the office of the sheriff, or the constable; (3) A prosecutor and an officer or employee of the office of
a
prosecutor; (4) A supervising officer and an officer or employee of the
adult
parole authority of the department of rehabilitation and
correction; (5)
A supervising officer and an officer or employee of the
department of
youth services; (6) A supervisor and a caseworker or employee of a public
children services agency acting pursuant to section 5153.16 of the
Revised Code; (7)
A managing officer of a state correctional institution
and an officer or employee of the department of rehabilitation and
correction; (8) A person identified in division (A)(2), (3), (4), (5),
(6), or
(7) of
section 2950.11 of the Revised Code or the agent of
that person; (9) A person identified in division (A)(2) of section 2950.111 of the Revised Code, regarding the person's provision of information pursuant to that division to a sheriff or a designee of a sheriff. (B) The immunity described in division (A) of this section
does not apply to
a person described in divisions (A)(1) to
(8)
of
this
section if, in relation to the act or omission in
question,
any of the
following applies: (1) The act or omission was manifestly outside the scope of
the person's
employment or official responsibilities. (2) The act or omission was with malicious purpose, in bad
faith, or in
a wanton or reckless manner. (3) Liability for the act or omission is expressly imposed
by a section
of the Revised Code.
Sec. 2950.13. (A) The attorney general shall do all of the
following: (1) No later than July 1, 1997, establish and maintain a
state registry of sex offenders that is housed at the bureau of
criminal
identification and investigation and that contains all of
the registration,
change of residence, school, institution of higher education, or place of employment address, and verification
information the bureau receives
pursuant to sections 2950.04,
2950.05, and 2950.06 of the
Revised Code
regarding a person who is
convicted of or pleads guilty to, or has been
convicted of or
pleaded guilty to, a sexually oriented
offense
or a person who is
adjudicated a delinquent child for committing a sexually oriented
offense and is classified a juvenile sex
offender registrant or is
an out-of-state juvenile sex offender registrant based on that
adjudication, and all of the information
the bureau receives
pursuant to section
2950.14 of the Revised
Code; (2) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules that
contain
guidelines necessary for the implementation of this
chapter; (3) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules for
the
implementation and administration of the provisions contained
in section
2950.11 of the Revised Code that pertain to the
notification of
neighbors of
an offender or a delinquent
child
who has committed a sexually
oriented offense and has
been
adjudicated as being a
sexual predator or
determined to
be a
habitual sex offender
or who has committed on or after
the
effective date of this amendment
an aggravated sexually oriented
offense, and
rules that prescribe
a manner in
which
victims of a
sexually
oriented offense committed
by
an offender
or a
delinquent child who has been
adjudicated as
being a sexual
predator or determined to be a
habitual sex
offender
or who has
committed on or after
the effective date of this amendment
June 13, 2002, an
aggravated sexually oriented offense may make a
request that
specifies that the
victim would
like to be provided
the notices
described in
divisions (A)(1) and
(2) of section
2950.10 of the
Revised Code; (4) In consultation with local law enforcement
representatives and through
the bureau of criminal
identification
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03 of the Revised Code
to
advise offenders
and delinquent children of their duties of
filing a notice of intent to reside, registration, notification of
a change
of residence, school, institution of higher education, or place of employment address and
registration of the new
residence, school, institution of higher education, or place of employment address, as applicable, and
residence address
verification under
sections 2950.04, 2950.05, and 2950.06 of
the
Revised Code, and
prescribe the forms to be used by
sheriffs
relative to those
duties of filing a notice of intent to reside, registration,
change of residence, school, institution of higher education, or place of employment
address notification,
and residence address
verification; (5) Make copies of the forms prescribed under division
(A)(4) of this section
available to judges, officials, and
sheriffs; (6) Through the bureau of criminal identification and
investigation, provide
the notifications, the information,
and the
documents that the bureau is required to provide to appropriate
law
enforcement officials and to the federal bureau of
investigation pursuant to
sections 2950.04, 2950.05, and 2950.06
of the Revised Code; (7) Through the bureau of criminal
identification and
investigation, maintain the verification forms returned
under the
residence address verification mechanism set forth in section
2950.06 of the Revised Code; (8) In consultation with representatives of the officials,
judges, and
sheriffs, adopt procedures for officials,
judges, and
sheriffs to use to forward information, photographs, and
fingerprints to the bureau of
criminal identification and
investigation
pursuant to the requirements of sections 2950.03,
2950.04, 2950.05, and
2950.06 of the Revised Code; (9) In consultation with the director of education, the
director of
job and family
services, and the director of
rehabilitation and correction and no later than
July 1, 1997,
adopt rules that contain
guidelines to be followed by boards of
education of a school district,
chartered nonpublic schools or
other schools not operated by a board of
education, preschool
programs, child day-care centers, type
A family day-care homes,
certified type
B family day-care homes, and institutions of
higher
education regarding the proper use and administration of
information
received pursuant to section 2950.11 of the Revised
Code
relative to
an offender or delinquent child who has
been
adjudicated as being a
sexual predator or
determined to be a
habitual sex offender; (10) In consultation with local law enforcement
representatives and no
later than July 1, 1997, adopt rules
that
designate a geographic area or areas within which the
notice
described in division (B) of section 2950.11 of the
Revised Code
must be given to the persons identified in
divisions (A)(2) to (8)
of that section; (11) Through the bureau of criminal identification and investigation, establish and operate on the internet a sex offender database that contains information for every offender who has committed a sexually oriented offense and who registers in any county in this state pursuant to section 2950.04 of the Revised Code. The bureau shall determine the information to be provided on the database for each offender and shall obtain that information from the information contained in the state registry of sex offenders described in division (A)(1) of this section. The information provided for each offender shall include at least the information set forth in division (B) of section 2950.11 of the Revised Code. The database is a public record open for inspection under section 149.43 of the Revised Code, and it shall be searchable by offender name, by county, by zip code, and by school district. The database shall provide a link to the web site of each county, or of each sheriff or other official of a county, that has established and operates on the internet a sex offender database that contains information for offenders who register in that county pursuant to section 2950.04 of the Revised Code, with the link being a direct link to the sex offender database for the county, sheriff, or other official. (12) Upon the request of any county, or of any sheriff or other official of a county, provide technical assistance to the requesting county, sheriff, or other official in establishing and operating on the internet a sex offender database for the public dissemination of some or all of the materials described in division (A) of section 2950.081 of the Revised Code that are public records under that division and that pertain to offenders who register in that county pursuant to section 2950.04 of the Revised Code. (B) The attorney general, in consultation with local law
enforcement representatives, may adopt rules that establish one or
more
categories of
neighbors of an offender
or delinquent child
who, in addition to
the occupants of
residences adjacent to an
offender's
or delinquent child's place of
residence, must be
given
the notice described in division (B) of
section 2950.11 of the
Revised
Code. (C) As used in this section, "local law enforcement
representatives" means representatives of the sheriffs of this
state,
representatives of the municipal chiefs of police and
marshals of this state,
and representatives of the township
constables and chiefs of police of the
township police departments
or police district police forces of this state.
Sec. 2950.99.
(A) Whoever (1)(a) Except as otherwise provided in division (A)(1)(b) of this section, whoever violates a prohibition in section
2950.04, 2950.05,
or 2950.06 of the Revised Code is guilty of a
felony of the fifth degree
if shall be punished as follows: (i) If the most serious sexually 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, the offender is guilty of a felony of the third degree. (ii) If the most serious sexually 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,
and a misdemeanor of
the first degree, or if the most serious
sexually 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. In, 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 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. (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, 2950.05, or 2950.06 of the Revised Code, whoever violates a prohibition in section 2950.04, 2950.05, or 2950.06 of the Revised Code shall be punished as follows:
(i) If the most serious sexually 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, the offender is guilty of a felony of the third degree.
(ii) If the most serious sexually 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, the offender is guilty of a felony of the fourth degree. (iii) If the most serious sexually 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, the offender is guilty of a felony of the fifth degree.
(iv) If the most serious sexually 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, the offender is guilty of a misdemeanor that is one degree higher than the most serious sexually oriented offense that was the basis of the registration, change of address, or address verification requirement that was violated under the prohibition. (2) In addition to
any penalty
or sanction imposed under division (A)(1) of this section or any other provision of law for the a violation of a prohibition in section 2950.04, 2950.05, or 2950.06 of the Revised Code, if the
offender
or
delinquent child is on probation or parole, is subject to
one or
more
post-release control sanctions, or is subject to any other
type
of supervised release at the time of the violation, the
violation shall constitute a violation of the terms and
conditions
of the probation, parole, post-release control
sanction, or other
type of supervised release.
(B) If a person violates a prohibition in section 2950.04,
2950.05, or 2950.06 of the Revised Code that applies to the person
as a result of the person being adjudicated a delinquent child and
being classified a juvenile sex offender registrant or is as an
out-of-state juvenile sex offender registrant, both of the
following apply: (1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation. (2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
Section 2. That existing sections 2152.82, 2152.83, 2152.84, 2152.85, 2929.13, 2929.19, 2929.21, 2950.01, 2950.02, 2950.03, 2950.04, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.09, 2950.10, 2950.11, 2950.12, 2950.13, and 2950.99 of the Revised Code are hereby repealed.
Section 3. That the versions of sections 2929.13 and 2929.19 of the Revised Code that are scheduled to take effect January 1, 2004, be amended to read as follows:
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; (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. (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 offense for which the offender
also is convicted
of or pleads guilty to a sexually violent
predator
specification that was included in the indictment, count
in the indictment, or
information charging the sexually violent
offense; (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. (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, 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. (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 sixty days or one hundred twenty days as specified
in division (G)(1)(e)
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. 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.
The court shall not sentence the
offender to
a
community control
sanction under section 2929.16 or 2929.17 of
the Revised
Code.
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 offense, and the
offender also was
convicted of or pleaded guilty to 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 committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duty to
register pursuant to section duties imposed under sections 2950.04 of the Revised Code,
the
offender's duty to provide notice of a change in residence address
and
register the new residence address pursuant to section, 2950.05
of the Revised
Code, the offender's duty to periodically verify
the offender's current
residence address pursuant to section, 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. 2929.19. (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 for a
sexually oriented offense that was committed on or after
January
1, 1997,
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, 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
offense and a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense,
the court also shall comply with division (E) of section
2950.09 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 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 offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent offense, if the
offender is being sentenced
for
a
sexually oriented offense 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,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code that the
offender committed on or after
the effective date of this
amendment, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated as
being a sexual
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 2929.25 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 2929.35 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. (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.
The
court shall not impose any community control
sanction on the
offender. (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.
Section 4. That the existing versions of sections 2929.13 and 2929.19 of the Revised Code that are scheduled to take effect January 1, 2004, are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect January 1, 2004.
Section 6. The provisions of this act are severable. If a codified or uncodified section of law contained in this act or a provision or application of such a section is held invalid, the invalidity does not affect any other codified or uncodified section of law contained in this act, or any related codified or uncodified section, or any provision or application of any such section, that can be given effect without the invalid section or provision or application.
Section 7. (A) Section 2929.13 of the Revised Code is
presented in
Section 1 of this act as a composite of
the section as amended by
both Am. Sub. H.B. 327 and Sub. H.B.
485 of
the 124th General
Assembly. Section 2929.19 of the Revised Code, effective until January 1, 2004, is presented in
Section 1 of this act as a composite of the section as amended by both Sub. H.B. 170 and Sub. H.B. 485 of
the 124th General Assembly. Section 2950.08 of the Revised Code is presented
in Section 1 of this act
as a composite of the section as amended by both
Am.
Sub. H.B. 180 and Am. Sub. S.B. 160 of the 121st 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 Section 1 of this act. (B) Section 2929.13 of the Revised Code is
presented in
Section 3 of this act as a composite of
the section as amended by
Am. Sub. H.B. 327, Sub. H.B.
485, and Am. Sub. S.B. 123 of
the 124th General
Assembly. Section 2929.19 of the Revised Code, effective January 1, 2004, is presented in
Section 3 of this act as a composite of the section as amended by Sub. H.B. 170, Sub. H.B. 485, and Am. Sub. S.B. 123, all of
the 124th 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 Section 3 of this act.
|
|