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(126th General Assembly)
(Amended Substitute Senate Bill Number 260)
AN ACT
To amend sections 109.42, 2743.191, 2903.212, 2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2921.34, 2923.02, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.09, 2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 3109.04, 3113.31, 5120.49, 5120.61, 5120.66, and 5149.10 and to enact sections 2941.1418, 2941.1419, and 2941.1420 of the Revised Code to change the penalties and conditions when a person is convicted of rape or attempted rape and the victim is less than 13; to increase the penalty for importuning and establish a presumption for a prison term if the victim is under 13; to require the Department of Rehabilitation and Correction to notify sheriffs of the release of sex offenders and child-victim oriented offenders and to require BCII to include on its Internet sex offender database, and sheriffs who operate on the Internet a sex offender database, to include on the database the information received about the offender; to provide for the consideration of specified convictions of members of the household of a parent in making child custody determinations; to modify provision regarding protection orders for victims of sexually oriented offenses; and to declare an emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.42, 2743.191, 2903.212, 2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2921.34, 2923.02, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.09, 2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 3109.04, 3113.31, 5120.49, 5120.61, 5120.66, and 5149.10 be amended and sections 2941.1418, 2941.1419, and 2941.1420 of the Revised Code be enacted to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and
have printed a pamphlet that contains a compilation of all
statutes relative to victim's rights in which the attorney general
lists and
explains the statutes in the form of a victim's bill of
rights.
The attorney general shall distribute the pamphlet to all
sheriffs, marshals,
municipal corporation and township police
departments,
constables, and other law enforcement agencies, to
all
prosecuting attorneys, city directors of law, village
solicitors,
and other similar chief legal officers of municipal
corporations,
and to organizations that represent or provide
services for
victims of crime. The victim's bill of rights set
forth in the
pamphlet shall contain a description of all of the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following: (1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code; (2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control; (3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses; (4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case; (5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case; (6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender; (7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child; (8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release
or early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion; (9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services; (10) The right of the victim to bring a civil action
pursuant to sections 2969.01 to 2969.06 of the Revised Code to
obtain money from the offender's profit fund; (11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult; (12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person; (13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, or 2929.28 of the Revised Code; (14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency; (15) The right of a victim of domestic violence
to seek the issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code, the right of a victim of a violation of section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code, a violation of a substantially similar municipal ordinance, or an offense of violence who is a family or household member of the offender at the time of the offense to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code,
and the right of both types of victims to be accompanied by a victim advocate during court
proceedings; (16) The right of a victim of a
sexually oriented offense
that is not a registration-exempt sexually oriented offense or of a child-victim oriented offense that is committed by a person who is convicted of or pleads guilty to an aggravated sexually oriented offense, by a person who is
adjudicated a sexual
predator or child-victim predator, or, in certain cases, by
a person who is determined to be
a habitual sex offender or habitual child-victim offender to
receive, pursuant to section 2950.10 of
the Revised Code, notice that the
person
has registered with a
sheriff under section 2950.04, 2950.041, or 2950.05
of the Revised Code and
notice of the
person's name, the person's residence that is registered, and the offender's school, institution of higher education, or place of employment address or addresses that are registered, the person's photograph,
and
a
summary of the manner in which the victim must make a
request
to receive the notice. As used in this division,
"sexually
oriented offense," "adjudicated a sexual
predator,"
"habitual sex offender," "registration-exempt sexually oriented offense," "aggravated sexually oriented offense," "child-victim oriented offense," "adjudicated a child-victim predator," and "habitual child-victim offender" have the same meanings as
in section
2950.01 of the Revised Code. (17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or pleads guilty to a sexually violent predator specification and who is
sentenced
to a prison term pursuant to division
(A)(3) of section 2971.03 of
the Revised Code, of a victim of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment by an offender who is sentenced for the violation pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code, and of a victim of an attempted rape committed on or after the effective date of this amendment by an offender who also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code and is sentenced for the violation pursuant to division (B)(2(a), (b), or (c) of section 2971.03, to receive, pursuant to
section 2930.16 of the
Revised Code, notice of a hearing to
determine whether to modify
the requirement that the offender
serve the entire prison term in
a state correctional facility,
whether to continue, revise, or
revoke any existing modification
of that requirement, or whether
to terminate the prison term.
As used in this division, "sexually
violent offense" and
"sexually violent predator specification" have the same
meanings as in section
2971.01 of the Revised Code. (B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents. (b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times: (i) Upon first contact with the victim, the victim's family,
or
the victim's dependents; (ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents. If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address. (c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
divisions (A)(1) to (17) of this
section. (2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section
2743.51 to
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the Revised Code or under any other
provision of the Revised
Code and does not affect any right under
those sections. (3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code. (C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section. (D) As used in this section: (1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code; (2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes: (a) The
payment of awards of reparations that are granted by
the attorney
general; (b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code; (c) The compensation of
witnesses as provided in division (J)
of section 2743.65 of the
Revised Code; (d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general; (e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code; (f) The costs of investigation and decision-making as
certified by the
attorney general; (g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code; (h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code; (i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code; (j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code; (k) The payment of costs of administering a DNA specimen
collection procedure pursuant to sections 2152.74 and
2901.07 of the Revised
Code, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code;
(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year; (m) The costs of administering the adult parole authority's supervision of sexually violent predators with an active global positioning system device pursuant to division (E) of section 2971.05 of the Revised Code of sexually violent predators who are sentenced to a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code, of offenders who are sentenced to a prison term pursuant to division (B)(1)(a), (b), or (c) of that section for a violation of division (A)(1)(b) of section 2907.02 of the Revised Code, and of offenders who are sentenced to a prison term pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code for attempted rape and a specification of the type described in section 2941.1418, 2941.1419, 2941.1420 of the Revised Code. (2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(F)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (C)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund. (B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official: (1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award only if the amount of the award is fifty dollars or more. (2) The expense shall be charged against all available
unencumbered moneys in the fund. (3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations. (4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation is made by the general assembly pursuant to this
division, the fund has sufficient unencumbered funds to pay the
award or part of the award, the available funds shall be used to
pay the award or part of the award, and the appropriation request
shall be amended to request only sufficient funds to pay that
part
of the award that is unpaid. (C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined and all rights to appeal exhausted, except
as otherwise
provided in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section. (D) The attorney general shall prepare itemized bills for
the costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
Sec. 2903.212. (A) Except when the complaint involves a
person who is a family or household member as defined in section
2919.25 of the Revised Code, if a person is charged with a
violation of section 2903.21, 2903.211, 2903.22, or 2911.211 of
the Revised Code or, a violation of a municipal ordinance that is
substantially similar to one of those sections, or a sexually oriented offense and if the person,
at the time of the alleged violation, was subject to the terms of
any order issued pursuant to section 2903.213, 2933.08, or
2945.04 of the Revised Code or previously had been convicted of
or pleaded guilty to a violation of section 2903.21, 2903.211,
2903.22, or 2911.211 of the Revised Code that involves the same
complainant or, a violation of a municipal ordinance that is
substantially similar to one of those sections and that involves
the same complainant, or a sexually oriented offense that involves the same complainant, the court shall consider all of the
following, in addition to any other circumstances considered by
the court and notwithstanding any provisions to the contrary
contained in Criminal Rule 46, before setting the amount and
conditions of the bail for the person: (1) Whether the person has a history of violence toward
the complainant or a history of other violent acts; (2) The mental health of the person; (3) Whether the person has a history of violating the
orders of any court or governmental entity; (4) Whether the person is potentially a threat to any
other person; (5) Whether setting bail at a high level will interfere
with any treatment or counseling that the person is undergoing. (B) Any court that has jurisdiction over violations of
section 2903.21, 2903.211, 2903.22, or 2911.211 of the Revised
Code or, violations of a municipal ordinance that is substantially
similar to one of those sections, or sexually oriented offenses may set a schedule for bail to
be used in cases involving those violations. The schedule shall
require that a judge consider all of the factors listed in
division (A) of this section and may require judges to set bail
at a certain level or impose other reasonable conditions related
to a release on bail or on recognizance if the history of the
alleged offender or the circumstances of the alleged offense meet
certain criteria in the schedule.
(C) As used in this section, "sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
Sec. 2903.213. (A) Except when the complaint involves a
person who is a family or household member as defined in section
2919.25 of the Revised Code, upon the filing of a complaint that
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211,
2903.22, or
2911.211 of the Revised Code or, a violation
of a municipal ordinance
substantially similar to section 2903.13,
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or the commission of a sexually oriented offense, the
complainant, the alleged victim,
or a family or household member
of an alleged victim may file a motion
that requests the issuance
of a protection
order as a pretrial condition of release of the
alleged offender, in
addition to any bail set under Criminal Rule
46. The motion
shall be filed with the clerk of the court that
has jurisdiction
of the case at any time after the filing of the
complaint. If
the complaint involves a person who is a family or
household
member, the complainant, the alleged victim, or the
family or
household member may file a motion for a temporary
protection order pursuant to section 2919.26 of the Revised Code. (B) A motion for a protection order under this section shall
be prepared on a form that is provided by the clerk of the court,
and the form shall be substantially as follows: "Motion for Protection Order............................Name and address of courtState of Ohio
............................. Name of Defendant (Name of person),
moves the court to issue a protection order
containing terms designed to ensure the safety and protection of
the complainant or the alleged victim in the above-captioned
case,
in relation to the named defendant, pursuant to
its authority to
issue a protection order under section
2903.213 of
the Revised
Code. A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,
2903.211,
2903.22, or
2911.211 of the Revised Code or, a violation
of a municipal ordinance
substantially similar to section 2903.13,
2903.21, 2903.211, 2903.22, or
2911.211 of the Revised Code, or the commission of a sexually oriented offense. I understand that I must appear before the court, at a time
set by the court not later than the next day that the court is in
session after the filing of this motion, for a hearing on the
motion, and that any protection order granted
pursuant to this
motion is a pretrial condition of release and is
effective only
until the disposition of the criminal proceeding
arising out of
the attached complaint or until the issuance under section
2903.214 of the Revised Code of a protection order arising out of
the same activities as
those that were the basis of the attached
complaint. ..................................... Signature of person ..................................... Address of person" (C)(1) As soon as possible after the filing of a motion that
requests the issuance of a protection order
under this section,
but
not later than the next day that the court is in session after
the filing of the motion, the court shall conduct a hearing to
determine whether to issue the order. The person who
requested
the order shall
appear before the court and provide the court with
the
information that it requests concerning the basis of the
motion.
If the court finds that the safety and protection of the
complainant or the alleged victim may be impaired by the continued
presence of the
alleged offender, the court may issue a
protection
order under this section, as a pretrial condition of release, that
contains terms
designed to ensure the safety and protection of the
complainant or the
alleged victim,
including a requirement that
the alleged offender refrain from
entering the residence, school,
business, or place of employment
of the complainant or the alleged
victim. (2)(a) If
the court issues a protection order under this
section that
includes a requirement that the alleged offender
refrain from
entering the residence, school, business, or place of
employment
of the complainant or the alleged victim, the order
shall clearly state
that the order
cannot be waived or nullified
by an invitation to the alleged
offender from the complainant, the
alleged victim, or a family or
household member to enter the
residence, school,
business, or place of employment or by the
alleged offender's
entry into one of those places otherwise upon
the consent of the
complainant, the alleged victim, or a family or
household
member. (b) Division
(C)(2)(a)
of this section does not limit any
discretion of a court to
determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a
municipal ordinance substantially equivalent
to that section, or
with contempt of court, which charge is based
on an alleged
violation of a protection order issued under this
section, did
not commit the violation or was not in contempt of
court. (D)(1) Except when the complaint involves a person who is
a
family or household member as defined in section 2919.25 of the
Revised Code, upon the filing of a complaint that alleges a
violation specified in division (A) of this section, the court,
upon its own
motion, may issue a protection order under this
section as a
pretrial condition of release
of the alleged offender
if it finds that the safety and
protection of the complainant or
the alleged victim may be impaired by
the continued
presence of
the alleged offender. (2) If the court issues a protection order
under this
section as an ex parte order, it shall conduct, as
soon as
possible after the issuance of the order but not later
than the
next day that the court is in session after its issuance, a
hearing to determine whether the order should remain in effect,
be
modified, or be revoked. The hearing shall be conducted under
the
standards set forth in division (C) of this section. (3) If a municipal court or a county
court issues a
protection order under this
section and
if, subsequent to the
issuance of the order, the alleged
offender who is the subject of
the order is bound over to the
court of common pleas for
prosecution of a felony arising out of
the same activities as
those that were the basis of the
complaint upon which the order is
based, notwithstanding the
fact that the order was issued by a
municipal court or county
court, the order shall remain in effect,
as though it were an order of the
court of common pleas, while the
charges
against the alleged offender are pending in the court of
common
pleas, for the period of time described in division
(E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county
court. This
division applies when the alleged offender is
bound over to the
court of common pleas as a result of the person
waiving a
preliminary hearing on the felony charge, as a result of
the
municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner. (E) A protection order that is issued as a
pretrial
condition of release under this section: (1) Is in addition to, but shall not be construed as a
part
of, any bail set under Criminal Rule 46; (2) Is effective only until the disposition, by the court
that
issued the order or, in the circumstances described in
division
(D)(3) of this section, by the court of common pleas to
which the
alleged offender is bound over for prosecution, of the
criminal proceeding arising out of the complaint upon which the
order is
based or until the issuance under section 2903.214 of the
Revised Code of a protection
order arising out of the same
activities as those that were the basis of the
complaint filed
under this section; (3) Shall not be construed as a finding that the alleged
offender committed the alleged offense and shall not be
introduced
as evidence of the commission of the offense at the
trial of the
alleged offender on the complaint upon which the
order is based. (F) A person who meets the criteria for bail under
Criminal
Rule 46 and who, if required to do so pursuant to that
rule,
executes or posts bond or deposits cash or securities as
bail,
shall not be held in custody pending a hearing before the
court on
a motion requesting a protection order
under this section. (G)(1) A copy of a protection order that
is issued under
this section shall be issued by the court to the
complainant, to
the alleged victim, to the person who requested the
order, to the
defendant, and to all law enforcement
agencies that have
jurisdiction to enforce the order. The court
shall direct that a
copy of the order be delivered to the
defendant on the same day
that the order is entered. If a municipal court
or a county court
issues a
protection order under this section and if, subsequent to
the
issuance of the order, the defendant who is the subject of the
order is bound over to the court of common pleas for prosecution
as described in division (D)(3)
of this section, the municipal
court or county court shall
direct that a copy of the order be
delivered to the court of
common pleas to which the defendant is
bound over. (2) All law enforcement agencies shall establish and
maintain an index for the protection orders
delivered to the
agencies pursuant to division (G)(1) of this
section. With
respect to each order delivered, each agency shall
note on the
index the date and time of the agency's receipt of
the order. (3) Regardless of whether the petitioner has registered the
protection order in the county in which the officer's agency has
jurisdiction,
any officer of a law enforcement agency shall
enforce
a protection order issued pursuant to this
section in
accordance with the
provisions of the order. (H) Upon a violation of a protection order
issued pursuant
to this section,
the court may issue another protection order
under
this section, as a
pretrial condition of release, that
modifies the terms of the
order that was violated. (I) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or by a court
of another state,
no
court
or unit of state or local government
shall
charge
any fee, cost, deposit, or money in connection
with the filing of a motion
pursuant
to
this section, in
connection with the filing, issuance,
registration, or service of
a protection order or consent agreement, or for obtaining
certified copies of a protection order or consent agreement.
(J) As used in this section, "sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code.
Sec. 2903.214. (A) As used in this section: (1) "Court" means the court of common pleas of the county in
which the
person to be protected by the protection order resides. (2) "Victim advocate" means a person who provides support
and assistance
for
a person who files a petition under this
section. (3) "Family or household member" has
the same meaning as in
section 3113.31 of the
Revised Code. (4) "Protection order issued by a court of another state"
has the same meaning as in section 2919.27 of the
Revised Code.
(5) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code. (B) The court has jurisdiction over all proceedings under
this section. (C) A person may seek relief under this section for
the
person, or any parent or adult household member may
seek relief
under this section on behalf of any other family or household
member, by filing a petition with the court. The petition shall
contain or state both of the following: (1) An allegation that the respondent engaged in a violation
of section
2903.211 of the Revised Code against the person to be
protected by the protection order or committed a sexually oriented offense against the person to be protected by the protection order, including a description of the
nature and
extent of the violation; (2) A request for relief under this section. (D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing as soon as possible after the petition is filed, but
not later
than the next day that the court is in session after the
petition is filed.
The
court, for good cause shown at the ex
parte hearing, may enter
any temporary orders, with or without
bond, that the court finds necessary for
the safety and protection
of the person to be protected by the order.
Immediate and present
danger to the person to be protected by the protection
order
constitutes good cause for purposes of this section. Immediate
and
present danger includes, but is not limited to,
situations in
which the respondent has threatened the person to be protected
by
the protection order with bodily harm or in which the respondent
previously has been convicted of or pleaded guilty to a violation
of section
2903.211
of the Revised Code or a sexually oriented offense against the person to be
protected by the protection order. (2)(a) If the court, after an ex parte hearing, issues a
protection order
described in division (E) of this section, the
court
shall schedule a full hearing for a date that is within ten
court days after
the ex
parte hearing. The court shall give the
respondent notice of, and an
opportunity to
be heard at, the full
hearing.
The court shall hold the full hearing on the date
scheduled under this division unless the court grants a
continuance of the hearing in accordance with this division.
Under any of the following circumstances or for any of the
following reasons, the court may grant a continuance of the full
hearing to a reasonable time determined by the court: (i) Prior to the date scheduled for
the full hearing under
this division, the respondent has not
been served with the
petition filed pursuant to this section and
notice of the full
hearing. (ii) The parties consent to the
continuance. (iii) The continuance is needed to
allow a party to obtain
counsel. (iv) The continuance is needed for
other good cause. (b) An ex parte order issued under
this section does not
expire because of a failure to serve
notice of the full hearing
upon the respondent before the date
set for the full hearing under
division
(D)(2)(a)
of this section or because the court grants a
continuance under
that division. (3) If a person who files a petition pursuant to this
section
does not request an ex parte order, or if a person
requests an ex
parte order but the court does not issue an ex
parte order after
an ex parte hearing, the court shall proceed as
in a normal civil
action and grant a full hearing on the matter. (E)(1) After an ex parte or full hearing, the court may
issue any protection order, with or without bond,
that contains
terms designed to ensure the safety and protection of the person
to be protected by the protection order, including, but not
limited to, a
requirement that the
respondent refrain from
entering the
residence, school, business, or place of employment
of the
petitioner or family or household member.
If the court
includes a requirement that the respondent
refrain from entering
the residence, school, business, or place
of employment of the
petitioner or family or household member in
the order, it also
shall include in the order provisions of the
type described in
division
(E)(5) of this section. (2)(a) Any protection order issued pursuant to this section
shall
be valid until a date certain
but not later than five years
from the date of its issuance. (b) Any protection order issued pursuant to this section may
be
renewed in the same
manner as the original order was issued. (3) A court may not issue a protection order that requires a
petitioner to
do or to refrain from doing an act that the court
may require a respondent to
do
or to refrain from doing under
division (E)(1) of this section unless
all of the following apply: (a) The respondent files a separate petition for a
protection
order in
accordance with this section. (b) The petitioner is served with notice of the respondent's
petition
at least
forty-eight hours before the court holds a
hearing with respect to the
respondent's petition, or the
petitioner waives the right to receive this
notice. (c) If the petitioner has requested an ex parte order
pursuant to
division (D) of this section, the court does not delay
any hearing
required by that division beyond the time specified in
that division in order
to consolidate the hearing with a hearing
on the petition filed by the
respondent. (d) After a full hearing at which the respondent presents
evidence in support of the request for a protection order and the
petitioner
is afforded an opportunity to defend against that
evidence, the court
determines that the petitioner has committed a
violation of section
2903.211 of the Revised Code against the
person to be protected by the
protection order issued pursuant to
this section, has committed a sexually oriented offense against the person to be protected by the protection order, or has violated a protection
order issued
pursuant to
section 2903.213 of the Revised Code relative to the person to be
protected by
the protection order issued pursuant to this section. (4) No protection order issued pursuant to this section
shall in any
manner affect title to any real property. (5)(a) If
the court issues a protection order under this
section that
includes a requirement that the alleged offender
refrain from
entering the residence, school, business, or place of
employment
of the petitioner or a family or household member, the
order
shall clearly state that the order cannot be waived or
nullified
by an invitation to the alleged offender from the
complainant to
enter the residence, school, business, or place of
employment or
by the alleged offender's entry into one of those
places
otherwise upon the consent of the petitioner or family or
household member. (b) Division
(E)(5)(a)
of this section does not limit any
discretion of a court to
determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a
municipal ordinance substantially equivalent
to that section, or
with contempt of court, which charge is based
on an alleged
violation of a protection order issued under this
section, did
not commit the violation or was not in contempt of
court.
(F)(1) The court shall cause the delivery of a copy of any
protection order that is issued under this
section
to the
petitioner, to the respondent, and to
all law enforcement agencies
that have jurisdiction to enforce
the order. The court shall
direct that a copy of the
order be delivered to the respondent on
the same day that the
order is entered. (2) All law enforcement agencies shall establish and
maintain an index for the protection orders delivered to the
agencies pursuant
to division
(F)(1) of this section. With
respect to each order delivered, each
agency shall note on the
index the
date and time that it received the order. (3) Regardless of whether the petitioner has registered the
protection
order
in the county in which the officer's agency has
jurisdiction
pursuant to division (M) of this section, any officer
of a law
enforcement agency shall enforce a protection order
issued pursuant to this
section by any court in
this state in
accordance with the provisions of the order, including removing
the respondent from the premises, if appropriate. (G) Any proceeding under this section shall be conducted
in
accordance with the Rules of Civil Procedure,
except that a
protection
order may be obtained under this section with or
without bond.
An order issued under this section, other than an
ex parte
order, that grants a protection order, or that refuses to
grant
a protection order, is a final, appealable order.
The
remedies and procedures provided in this section are in
addition
to, and not in lieu of, any other available civil or
criminal
remedies. (H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any
other
law. (I) Any law enforcement agency that investigates an alleged
violation of section 2903.211 of the Revised Code or an alleged commission of a sexually oriented offense shall
provide
information to the victim and the family or household members of
the
victim regarding the relief available under this section and
section 2903.213
of the Revised Code. (J) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or by a court
of another state,
no court
or unit of state or local government
shall
charge
any fee, cost, deposit, or money in connection
with the filing of a petition
pursuant
to this section, in
connection with the filing, issuance,
registration, or service of
a protection order or consent agreement, or for obtaining a
certified copy of a protection order or consent agreement. (K)(1) A person who violates a protection order issued
under
this section is subject to the following sanctions: (a) Criminal prosecution for a violation of section
2919.27
of the Revised Code, if the violation of the protection
order
constitutes a violation of that section; (b) Punishment for contempt of court. (2) The punishment of a person for contempt of court for
violation of a protection order issued under this section does not
bar
criminal prosecution of
the person for a violation of section
2919.27 of the Revised
Code. However, a person punished for
contempt of court is
entitled to credit for the punishment imposed
upon conviction of
a violation of that section, and a person
convicted of a
violation of that section shall not subsequently be
punished for
contempt of court arising out of the same activity. (L) In all stages of a proceeding under this section, a
petitioner may be
accompanied by a victim advocate. (M)(1) A petitioner who obtains a protection order under
this section or a protection order
under section 2903.213 of the
Revised Code may
provide notice of the issuance or approval of the
order to the judicial and
law enforcement officials in any county
other
than the county in which the order is issued by registering
that order in the
other county pursuant to division
(M)(2) of this
section and filing a copy of the registered order with
a law
enforcement agency in the other county in accordance with that
division.
A person who obtains a protection order issued by a
court
of another state may provide notice of the issuance of the
order
to the judicial and law enforcement officials in any county
of
this state by registering the order in that county pursuant to
section 2919.272 of the Revised Code and filing a copy of
the
registered order with a law enforcement agency in that
county. (2) A petitioner may register a protection order
issued
pursuant to this section or section
2903.213 of the Revised Code
in a county other
than the county in which
the court that issued
the order is located in the following manner: (a) The petitioner shall obtain a certified copy of the
order
from the clerk of the court that issued the order and
present that certified
copy to the clerk of the court of common
pleas or the clerk of a municipal
court or county court in the
county in which the order is to be registered. (b) Upon accepting the certified copy of the order for
registration, the clerk of the court of common pleas, municipal
court, or
county court shall
place an endorsement of registration
on the order and give the
petitioner a copy of the order that
bears that proof of registration. (3) The clerk of each court of common pleas,
municipal
court, or county court shall maintain a registry of certified
copies of
protection
orders that have been issued
by courts in
other counties pursuant to
this section or section 2903.213 of the
Revised Code
and that have been registered with the
clerk.
Sec. 2907.02. (A)(1) No person shall engage in sexual
conduct with another who is not the spouse of the offender or who
is the spouse of the offender but is living separate and apart
from the offender, when any of the following applies: (a) For the purpose of preventing resistance, the offender
substantially impairs the other person's judgment or control by
administering any drug, intoxicant, or controlled
substance to the
other person surreptitiously or by force, threat
of force, or
deception. (b) The other person is less than thirteen years of age,
whether or not the offender knows the age of the other person. (c) The other person's ability to resist or consent is
substantially impaired because of a mental or physical condition
or because of advanced age, and the offender knows or has
reasonable cause to believe that the other person's ability to
resist or consent is substantially impaired because of a mental
or
physical condition or because of advanced age. (2) No person shall engage in sexual conduct with another
when the offender purposely compels the other person to submit by
force or threat of force. (B) Whoever violates this section is guilty of
rape, a
felony of the first degree. If the offender under
division
(A)(1)(a) of this section
substantially impairs the other person's
judgment or control by administering
any controlled substance
described in section 3719.41 of the
Revised Code
to the other
person surreptitiously or by force, threat of force, or
deception,
the prison term imposed upon the offender shall be one of the
prison
terms prescribed for a felony of the first degree in
section 2929.14
of the Revised Code that is not less than five
years.
If the Except as otherwise provided in this division, notwithstanding sections 2929.11 to 2929.14 of the Revised Code, an offender under
division (A)(1)(b) of this section
purposely compels the victim
to submit by force or threat of force
or if the victim under division (A)(1)(b) of this section is less
than ten years of age, whoever violates division (A)(1)(b)
of
this
section shall be imprisoned for life shall be sentenced to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code.
If an offender is convicted of or pleads guilty to a violation of division (A)(1)(b) of this section, if the offender was less than sixteen years of age at the time the offender committed the violation of that division, and if the offender during or immediately after the commission of the offense did not cause serious physical harm to the victim, the victim was ten years of age or older at the time of the commission of the violation, and the offender has not previously been convicted of or pleaded guilty to a violation of this section or a substantially similar existing or former law of this state, another state, or the United States, the court shall not sentence the offender to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code, and instead the court shall sentence the offender as otherwise provided in this division. If the an offender under
division (A)(1)(b) of this section previously
has been convicted
of or pleaded guilty to violating division
(A)(1)(b) of this
section or to violating a an existing or former law of this state, another state,
or the United
States that is substantially similar to division
(A)(1)(b) of this
section or, if the offender during or immediately after the
commission of the offense caused serious physical harm to the
victim, whoever violates division (A)(1)(b) of
this section shall
be imprisoned for life or if the victim under division (A)(1)(b) of this section is less than ten years of age, in lieu of sentencing the offender to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code, the court may impose upon the offender a term of life without parole. If the court imposes a term of life without parole pursuant to this division, division (F) of section 2971.03 of the Revised Code applies, and the offender automatically is classified a sexual predator, as described in that division. (C) A victim need not prove physical resistance to the
offender in prosecutions under this section. (D) Evidence of specific instances of the victim's sexual
activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be
admitted under this section unless it involves evidence of the
origin of semen, pregnancy, or disease, or the victim's past
sexual activity with the offender, and only to the extent that
the
court finds that the evidence is material to a fact at issue
in
the case and that its inflammatory or prejudicial nature does
not
outweigh its probative value. Evidence of specific instances of the defendant's sexual
activity, opinion evidence of the defendant's sexual activity,
and
reputation evidence of the defendant's sexual activity shall
not
be admitted under this section unless it involves evidence of
the
origin of semen, pregnancy, or disease, the defendant's past
sexual activity with the victim, or is admissible against the
defendant under section 2945.59 of the Revised Code, and only to
the extent that the court finds that the evidence is material to
a
fact at issue in the case and that its inflammatory or
prejudicial
nature does not outweigh its probative value. (E) Prior to taking testimony or receiving evidence of any
sexual activity of the victim or the defendant in a proceeding
under this section, the court shall resolve the admissibility of
the proposed evidence in a hearing in chambers, which shall be
held at or before preliminary hearing and not less than three
days
before trial, or for good cause shown during the trial. (F) Upon approval by the court, the victim may be
represented by counsel in any hearing in chambers or other
proceeding to resolve the admissibility of evidence. If the
victim is indigent or otherwise is unable to obtain the services
of
counsel, the court, upon request, may appoint counsel to
represent the victim without cost to the victim. (G) It is not a defense to a charge under division (A)(2)
of
this section that the offender and the victim were married or
were
cohabiting at the time of the commission of the offense.
Sec. 2907.07. (A) No person shall solicit a person
who is
less than thirteen years of age to engage in sexual activity
with
the
offender, whether or not the offender knows the age of such
person. (B) No person shall solicit another, not the spouse of the
offender, to engage in sexual conduct with the offender, when the
offender is eighteen years of age or older and four or more years
older than the other person, and the other person is
thirteen
years of age or older
but less than
sixteen
years of
age, whether
or
not the offender
knows the age of the
other
person. (C) No person shall solicit another by means of a
telecommunications
device, as defined in section 2913.01 of the
Revised Code,
to
engage in sexual activity with the offender when
the offender is eighteen
years of age or older and either of the
following applies: (1) The other person is less than thirteen years of age, and
the
offender knows that the other person is less than thirteen
years of age or
is reckless in that regard.
(2) The other person is a law enforcement officer posing as
a
person who is less than thirteen years of age, and the offender
believes that
the
other person is less than thirteen years of age
or is reckless in that
regard. (D) No person shall solicit another by means of a
telecommunications device, as defined in section 2913.01 of the
Revised Code, to engage in sexual
activity with the offender when
the offender is eighteen years of age or older
and either of the
following applies: (1) The other person is
thirteen years of age or
older but
less than
sixteen
years of
age,
the
offender knows
that the other
person is
thirteen years
of age or
older but
less than
sixteen
years of age or is
reckless in that
regard, and the offender is
four or more years
older than the
other person. (2) The other person is a law enforcement officer posing as
a
person who is
thirteen years of age or older but
less than
sixteen years of age,
the
offender believes
that the
other person
is
thirteen years of age or
older but
less than
sixteen years of
age or is reckless
in that regard, and
the offender is four or
more years older than
the age the law
enforcement officer assumes
in posing as the
person who is
thirteen years of age or older but
less than
sixteen years of age. (E) Divisions (C) and (D) of this section apply
to any
solicitation that is
contained in a transmission via a
telecommunications device that either
originates in this state or
is received in this state. (F) Whoever violates this section is guilty of
importuning.
A violation of division (A)
or (C) of this section
is a
felony of the fourth third degree on a first
offense and a felony
of the third second
degree on each
subsequent offense. Notwithstanding division (C) of section 2929.13 of the Revised Code, there is a presumption that a prison term shall be imposed for a violation of division (A) or (C) of this section as described in division (D) of section 2929.13 of the Revised Code. A violation of
division (B) or
(D) of this
section is a felony of the fifth
degree on a first offense and a
felony of the
fourth degree
on
each subsequent offense.
Sec. 2919.26. (A)(1) Upon the filing of a complaint that
alleges a violation of section 2909.06, 2909.07, 2911.12, or
2911.211 of the Revised Code if the alleged victim of the violation was a family
or household member at the time of the violation, a violation of a
municipal ordinance that is substantially
similar to any of those sections if the alleged victim of the violation was a
family or household member
at the time of the violation, any offense of violence if the alleged victim of the offense was a family or household member at the time of the commission of the offense, or any sexually oriented offense if the alleged victim of the offense was a family or household member at the time of the commission of the offense, the
complainant, the alleged victim,
or a family or household member of
an alleged victim
may file, or,
if in an emergency the alleged victim
is unable to
file, a person
who made an arrest for the alleged violation or offense under
section 2935.03
of the Revised Code may file on behalf of the
alleged victim, a
motion that requests the issuance
of a temporary
protection order
as a pretrial condition of release of the
alleged offender, in
addition to any bail set under Criminal Rule
46. The motion shall
be filed with the clerk of the court that
has jurisdiction of the
case at any time after the filing of the
complaint. (2) For purposes of section 2930.09 of the Revised Code, all
stages of a
proceeding arising out of a complaint alleging the commission of a violation or, offense of violence, or sexually oriented offense described in
division (A)(1) of this
section, including all proceedings on a
motion for a temporary protection
order, are critical stages of
the case, and a victim
may be accompanied
by a victim advocate or
another person to provide support to the victim as
provided in
that section. (B) The motion shall be prepared on a form that is
provided
by the clerk of the court, which form shall be
substantially as
follows: "MOTION FOR TEMPORARY PROTECTION ORDER.......................... CourtName and address of courtState of Ohio
................. Name of Defendant (name of person),
moves the court to issue a temporary protection
order containing
terms designed to ensure the safety and
protection of the
complainant, alleged victim, and other family or
household members, in relation to
the named defendant, pursuant to
its authority to issue such an
order under section 2919.26 of the
Revised Code.
A complaint, a copy of which has been attached to this
motion, has been filed in this court charging the named defendant
with .......................... (name of the specified violation or, the offense of violence, or sexually oriented offense charged) in circumstances in which the victim was a family
or household member in violation of (section
of the Revised Code designating the specified violation or, offense of violence, or sexually oriented offense charged), or charging the named defendant with
a
violation of a municipal ordinance that is substantially similar
to ........................ (section
of the Revised Code designating the specified violation or, offense of violence, or sexually oriented offense charged) involving a family or
household member. I understand that I must appear before the court, at a time
set by the court within twenty-four hours after the filing of
this
motion, for a hearing on the motion or that, if I am unable to
appear
because of hospitalization or a medical condition resulting
from the offense
alleged in the complaint, a person who can
provide information about my need
for a temporary protection order
must appear before the court in lieu of my
appearing in court. I
understand that any temporary
protection order granted pursuant to
this motion is a pretrial
condition of release and is effective
only until the disposition
of the criminal proceeding arising out
of the attached complaint,
or the issuance of a civil protection
order or the approval of a
consent agreement, arising out of the
same activities as those
that were the basis of the complaint,
under section 3113.31 of
the Revised Code. .......................................... Signature of person (or signature of the arresting officer who filed the motion on
behalf of the alleged victim) .......................................... Address of person (or office address of the
arresting
officer who
filed the motion on behalf of the alleged
victim)" (C)(1) As soon as possible after the filing of a motion that
requests the issuance of a temporary protection order, but not
later than twenty-four hours after the filing of the motion, the
court shall conduct a hearing to determine whether to issue the
order. The person who requested the order shall appear before
the
court and provide the court with the information that it
requests
concerning the basis of the motion. If the person who requested
the
order is unable to appear and if the court finds that the
failure to appear is
because of the person's hospitalization or
medical condition resulting from
the offense alleged in the
complaint, another person who is able to provide
the court with
the information it requests may appear in lieu of the person
who
requested the order. If the court finds that the safety and
protection of
the complainant, alleged victim, or any other family
or household member of the alleged victim may be impaired by
the
continued presence of the alleged offender, the court may
issue a
temporary protection order, as a pretrial condition of
release,
that contains terms designed to ensure the safety and
protection
of the complainant, alleged victim, or the
family or household
member,
including a requirement that the alleged offender refrain
from
entering the residence, school, business, or place of
employment
of the complainant, alleged victim, or the family or
household member. (2)(a) If the court issues a temporary protection order that
includes a
requirement that the alleged offender refrain from
entering the residence,
school, business, or place of employment
of the complainant, the
alleged victim, or the family or
household
member, the order shall state clearly that the order cannot be
waived or nullified by an invitation to the alleged offender from
the
complainant, alleged victim, or family or household
member to
enter the residence, school,
business, or place of employment or
by the alleged offender's entry into one
of those places otherwise
upon the consent of the complainant,
alleged victim, or family or
household member. (b) Division (C)(2)(a) of this section does not limit any
discretion of a
court to determine that an alleged offender
charged with a violation of
section 2919.27 of the Revised Code,
with a violation of a municipal ordinance
substantially equivalent
to that section, or with contempt of court, which
charge is based
on an alleged violation of a temporary protection order issued
under this section, did not commit the violation or was not in
contempt of
court. (D)(1) Upon the filing of a complaint that alleges
a violation
of section 2909.06, 2909.07, 2911.12, or
2911.211 of
the Revised Code if the alleged victim of the violation was a
family or household
member at the time of the violation, a violation of a municipal ordinance
that is substantially similar
to any of those sections if the alleged victim of the violation was a family or household member at
the time
of the violation, any offense of violence if the alleged victim of the offense was a family or household member at the time of the commission of the offense, or any sexually oriented offense if the alleged victim of the offense was a family or household member at the time of the commission of the offense, the court, upon its own
motion, may issue a
temporary protection order as a pretrial
condition of release if
it finds that the safety and protection
of the complainant,
alleged victim, or other family or
household member of the
alleged
offender may be impaired by the continued presence of the
alleged
offender. (2) If the court issues a temporary protection order under
this section as an ex parte order, it shall conduct, as soon as
possible after the issuance of the order, a hearing in the
presence of the
alleged offender not later than the next day on
which the court is scheduled
to conduct business after the day on
which the alleged offender was arrested
or at the time of the
appearance of the alleged offender pursuant to summons
to
determine whether the order should remain in effect, be modified,
or be
revoked. The hearing shall be conducted under the standards
set
forth in division (C) of this section. (3) An order issued under this section shall contain
only
those terms authorized in orders issued under division (C) of
this
section. (4) If a municipal court or a county
court issues a
temporary protection order under this section and
if, subsequent
to the issuance of the order, the alleged
offender who is the
subject of the order is bound over to the
court of common pleas
for prosecution of a felony arising out of
the same activities as
those that were the basis of the
complaint upon which the order is
based, notwithstanding the
fact that the order was issued by a
municipal court or county
court, the order shall remain in effect,
as though it were an order of the
court of common pleas, while the
charges
against the alleged offender are pending in the court of
common
pleas, for the period of time described in division
(E)(2)
of this section, and the court of common pleas has exclusive
jurisdiction to modify the order issued by the municipal court or
county
court.
This
division applies when the alleged offender is
bound over to the
court of common pleas as a result of the person
waiving a
preliminary hearing on the felony charge, as a result of
the
municipal court or county court having determined at a
preliminary hearing that there is probable cause to believe that
the felony has been committed and that the alleged offender
committed it, as a result of the alleged offender having been
indicted for the felony, or in any other manner. (E) A temporary protection order that is issued as a
pretrial condition of release under this section: (1) Is in addition to, but shall not be construed as a
part
of, any bail set under Criminal Rule 46; (2) Is effective only until the occurrence of either of the
following: (a) The disposition, by the court that issued the
order or,
in the circumstances described in division
(D)(4) of this section,
by the
court of common pleas to which the alleged offender is
bound
over for prosecution, of the
criminal proceeding arising out
of the complaint upon which the
order is based; (b) The issuance of a protection order or the approval of a
consent agreement, arising out of the same activities as those
that were the basis of the complaint upon which the order is
based,
under section 3113.31 of
the Revised Code; (3) Shall not be construed as a finding that the alleged
offender committed the alleged offense, and shall not be
introduced as evidence of the commission of the offense at the
trial of the alleged offender on the complaint upon which the
order is based. (F) A person who meets the criteria for bail under
Criminal
Rule 46 and who, if required to do so pursuant to that
rule,
executes or posts bond or deposits cash or securities as
bail,
shall not be held in custody pending a hearing before the
court on
a motion requesting a temporary protection order. (G)(1) A copy of any temporary protection order that is
issued under this section shall be issued by the court to the
complainant, to the alleged victim, to the person who requested
the
order, to the defendant, and to all law enforcement
agencies
that have jurisdiction to enforce the order. The court
shall
direct that a copy of the order be delivered to the
defendant on
the same day that the order is entered. If a municipal court
or a
county court issues a temporary
protection order under this
section and if, subsequent to the
issuance of the order, the
defendant who is the subject of the
order is bound over to the
court of common pleas for prosecution
as described in division
(D)(4)
of this section, the municipal court or county court shall
direct that a copy of the order be delivered to the court of
common pleas to which the defendant is bound over. (2) All law enforcement agencies shall establish and
maintain an index for the temporary protection orders delivered
to
the agencies pursuant to division (G)(1) of this section.
With
respect to each order delivered, each agency shall note on
the
index, the date and time of the receipt of the order by the
agency. (3) A complainant, alleged victim, or other person who
obtains
a temporary protection
order under this section may
provide notice of the issuance of
the temporary protection order
to the judicial and law
enforcement officials in any county other
than the county in
which the order is issued by registering that
order in the other
county in accordance with division (N) of
section 3113.31
of the Revised Code and filing a copy of the
registered protection order with a law enforcement agency in the
other county in accordance with that division. (4) Any officer of a law enforcement agency shall enforce
a
temporary protection order issued by any court in this state in
accordance
with the provisions of
the order, including removing
the defendant from the premises, regardless of
whether the order
is registered in the county in which the officer's agency
has
jurisdiction as authorized by division (G)(3) of this section. (H) Upon a violation of a temporary protection order, the
court may issue another temporary protection order, as a pretrial
condition of release, that modifies the terms of the order that
was violated. (I)(1) As used in divisions (I)(1) and
(2) of this section,
"defendant" means a person who is
alleged in a complaint to have
committed a violation or, offense of violence, or sexually oriented offense of the type described in division (A) of
this section. (2) If a complaint is filed that alleges that a person
committed a violation or, offense of violence, or sexually oriented offense of the type described in division
(A) of
this section, the court may not issue a temporary
protection order
under this section that requires the complainant,
the alleged
victim,
or another family or household member of the defendant to
do or
refrain from doing an act that the court may require the
defendant to do or refrain from doing under a temporary
protection
order unless both of the following apply: (a) The defendant has filed a separate
complaint that
alleges that the complainant, alleged
victim, or other family or
household member in question who would be required under the
order
to do or refrain from doing the act committed a violation or offense of violence
of the
type described in division (A) of this section. (b) The court determines that both the
complainant, alleged
victim, or other family or household
member
in question who
would
be required under the order to do or refrain from doing the
act
and the defendant acted primarily as aggressors, that neither
the
complainant, alleged victim, or other family or
household member
in question
who would be required under the order to do or refrain
from doing
the act nor the defendant acted primarily in
self-defense, and,
in accordance with the standards and criteria
of this section as
applied in relation to the separate complaint
filed by the
defendant, that it should issue the order to require
the
complainant, alleged victim, or other family or household
member in question to do
or refrain from doing the act. (J) Notwithstanding any provision of law to the
contrary
and
regardless of whether a protection order is issued or a consent
agreement is approved by a court of
another county or a court of
another state, no
court
or unit of state or local government shall
charge
any fee, cost, deposit, or money in connection with
the filing of a motion
pursuant to
this section, in connection
with the filing, issuance,
registration, or service of a
protection order or consent agreement, or for obtaining a
certified copy of a protection order or consent agreement. (K) As used in this section: (1) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code. (2) "Victim
advocate" means a
person who provides support and assistance
for a victim of an
offense during court proceedings.
Sec. 2921.34. (A)(1) No person, knowing the person is under
detention or being reckless in that regard, shall purposely break
or attempt to break the detention, or purposely fail to return to
detention, either following temporary leave granted for a
specific purpose or limited period, or at the time required when
serving a sentence in intermittent confinement. (2) No person Division (A)(2) of this section applies to any person who is adjudicated a sexually violent predator and is sentenced to a prison term pursuant to
division (A)(3) of section 2971.03 of the Revised Code for the sexually violent
offense, to any person who is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment and is sentenced to a prison term pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code for the violation, and to any person who is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code and is sentenced to a prison term pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code for the attempted rape. No person to whom this division applies, for whom the requirement that the entire prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a
state correctional institution has been modified pursuant to section 2971.05
of the Revised Code, and who, pursuant to that modification, is restricted to
a geographic area, knowing that the person is under a
geographic restriction or being reckless in that regard, shall purposely leave
the geographic area to which the restriction applies or
purposely fail to return to that geographic area following a temporary leave
granted for a specific purpose or for a limited period of time. (B) Irregularity in bringing about or maintaining
detention, or lack of jurisdiction of the committing or detaining
authority, is not a defense to a charge under this section if the
detention is pursuant to judicial order or in a detention
facility. In the case of any other detention, irregularity or
lack of jurisdiction is an affirmative defense only if either of
the following occurs: (1) The escape involved no substantial risk of harm to the
person or property of another. (2) The detaining authority knew or should have known
there was no legal basis or authority for the detention. (C) Whoever violates this section is guilty of escape. (1) If the offender, at the time of the commission of the
offense, was under detention as an alleged or adjudicated
delinquent child or unruly child and if the act for which the
offender was under detention would not be a felony if committed
by an adult, escape is a misdemeanor of the first degree. (2) If the offender, at the time of the commission of the
offense, was under detention in any other manner or, the offender is a person who was adjudicated a
sexually violent predator for whom the requirement that the entire prison term
imposed upon the person pursuant to division (A)(3) of section 2971.03 of the Revised Code be served
in a state correctional institution has been modified
pursuant to section 2971.05 of the Revised Code, the offender is a person who was convicted of or pleaded guilty to committing on or after the effective date of this amendment a violation of division (A)(1)(b) of section 2907.02 of the Revised Code for whom the requirement that the entire prison term imposed upon the person pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, or the offender is a person who was convicted of or pleaded guilty to committing on or after the effective date of this amendment attempted rape, who also was convicted of or pleaded guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, who was sentenced pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, and for whom the requirement that the entire prison term imposed pursuant to that division be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, escape is one
of the following: (a) A felony of the second
degree, when the
most serious offense for which the person was under detention or
adjudicated a sexually violent predator for which the person had been sentenced to the prison term under division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code is
aggravated murder, murder, or a felony of the first
or second degree or, if the person was under detention
as an alleged or adjudicated delinquent child, when the most
serious act for which the person was under detention would be
aggravated murder, murder, or a felony of the first
or second degree if committed by an adult; (b) A felony of the
third degree, when the most serious offense for which the
person was under detention or adjudicated a sexually violent predator for which the person had been sentenced to the prison term under division (A)(3), (B)(1)(a),(b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code
is a felony of the third, fourth, or fifth degree or an
unclassified felony or, if the person was under detention as an
alleged or adjudicated delinquent child, when the most serious
act for which the person was under detention would be a felony of the
third, fourth, or fifth degree or an unclassified felony if committed
by an adult; (c) A felony of the fifth degree, when any of the following applies: (i) The most serious offense for which the person was under detention is
a misdemeanor. (ii) The person was found not guilty by reason of insanity, and the person's
detention consisted of hospitalization,
institutionalization, or confinement in a facility under an order made
pursuant to or under authority of section 2945.40, 2945.401, or 2945.402 of
the Revised Code. (d) A misdemeanor of the first degree, when the most serious
offense for which the person was under detention is a misdemeanor and when the
person fails to return to detention at a specified time following
temporary leave granted for a specific purpose or limited period or at the
time required when serving a sentence in intermittent confinement.
(D) As used in this section: (1) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section. (2) "Sexually violent offense" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2923.02. (A) No person, purposely or knowingly, and
when purpose or knowledge is sufficient culpability for the
commission of an offense, shall engage in conduct that, if
successful, would constitute or result in the offense. (B) It is no defense to a charge under this section that,
in retrospect, commission of the offense that was the
object of
the attempt was either factually or legally impossible under the
attendant circumstances, if that offense could have been
committed had the attendant circumstances been as the actor
believed them to be. (C) No person who is convicted of committing a specific
offense, of complicity in the commission of an offense, or of
conspiracy to commit an offense shall be convicted of an attempt
to commit the same offense in violation of this section. (D) It is an affirmative defense to a charge under this
section that the actor abandoned the actor's effort to
commit the offense
or otherwise prevented its commission, under circumstances
manifesting a complete and voluntary renunciation of the
actor's criminal
purpose. (E)(1) Whoever violates this section is guilty of an attempt
to commit an offense. An attempt to commit aggravated murder, murder, or an
offense for which the maximum penalty is imprisonment for life is a felony of
the first degree. 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 is an offense of the same degree
as 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. An attempt to
commit any other offense is
an offense of
the next lesser degree than the offense attempted. In the case
of an attempt to commit an offense other than a violation of
Chapter 3734. of the Revised Code that is not specifically
classified, an attempt is a misdemeanor of the first degree if
the offense attempted is a felony, and a misdemeanor of the
fourth degree if the offense attempted is a misdemeanor. In the
case of an attempt to commit a violation of any provision of
Chapter 3734. of the Revised Code, other than section 3734.18 of
the Revised Code, that relates to hazardous wastes, an attempt is
a felony punishable by a fine of not more than twenty-five
thousand dollars or imprisonment for not more than eighteen
months, or both. An attempt to commit a minor misdemeanor, or to
engage in conspiracy, is not an offense under this section. (2) If a person is convicted of or pleads guilty to attempted rape and also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the offender shall be sentenced to a prison term or term of life imprisonment pursuant to section 2971.03 of the Revised Code. (F) As used in this section, "drug abuse offense" has the same
meaning as in section 2925.01 of the Revised Code.
Sec. 2929.01. As used in this chapter: (A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria: (a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation. (b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service. (2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison. (B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act. (C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision. (D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code. (E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.58 of the
Revised Code. (F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not a jail term and that is described in
section 2929.26,
2929.27, or 2929.28 of the Revised Code.
"Community control
sanction" includes probation if the sentence involved was
imposed
for a felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004. (G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code. (H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place. (I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center. (J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code. (K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs. (L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment. (M) "Economic loss" means any
economic detriment suffered by
a victim as a direct and proximate result of the commission of an offense and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages. (N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent. (O)
"Firearm" has the same meaning as
in section 2923.11 of
the Revised Code. (P) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders. (Q) "House arrest" means a period of confinement of an
offender that
is in the
offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code and during which all of
the
following apply: (1) The
offender is required to remain in the
offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the
offender is at the
offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board. (2) The
offender is required
to report periodically
to a person designated by the
court or parole board. (3) The
offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board. (R) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision. (S) "Jail" means a jail, workhouse,
minimum security
jail,
or other residential facility
used for the confinement of
alleged
or convicted offenders that
is operated by a political
subdivision
or a combination of
political subdivisions of this
state. (T) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction. (U) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (E) of section 2903.06 or division (D) of section 2903.08 of the Revised Code, division (E) of section 2929.24 of the Revised Code, division (B)
of section
4510.14 of the Revised Code, or division
(G) of section 4511.19 of
the Revised Code or pursuant to any other provision of the
Revised
Code that requires a term in a jail for a misdemeanor
conviction. (V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code. (W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended. (X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance. (Y) "Mandatory prison term" means any of the
following: (1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) to (14) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense. (2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section 2929.13 of the Revised Code. (3) The term in prison imposed pursuant to division (A) of section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code, pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code for the offense of rape committed on or after the effective date of this amendment in violation of division (A)(1)(b) of section 2907.02 of the Revised Code, pursuant to division (B)(2)(a) of section 2971.03 of the Revised Code for the offense of attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1418 of the Revised Code, pursuant to division (B)(2)(b) of section 2971.03 of the Revised Code for the offense of attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1419 of the Revised Code, or pursuant to division (B)(2)(c) of section 2971.03 of the Revised Code for the offense of attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1420 of the Revised Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code. (Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life. (AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor. (BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code. (CC) "Prison term" includes any of the following
sanctions
for an offender: (1) A stated prison term; (2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code; (3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code. (DD) "Repeat violent offender" means
a person about whom
both of the following apply: (1) The person is being sentenced for committing or for
complicity in
committing any of the following: (a) Aggravated murder,
murder, any felony of the first or second degree
that is an offense of violence, or an attempt to commit any of these offenses if the attempt is a felony of the first or second degree; (b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense described in division (DD)(1)(a) of this section. (2) The person previously was convicted of or pleaded
guilty
to an offense described in division (DD)(1)(a) or (b) of this section. (EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18
or
2929.24 to 2929.28 of the
Revised Code. (FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
an offense. (GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or
house arrest
with electronic monitoring imposed after
earning credits pursuant to
section 2967.193 of the Revised Code. (HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense. (II) "Fourth degree felony
OVI offense" means a
violation
of division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section, is a felony of the fourth
degree. (JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code. (KK) "Designated homicide, assault, or kidnapping
offense," "violent sex offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code. (LL) "Habitual sex offender," "sexually oriented
offense,"
"sexual predator," "registration-exempt sexually oriented offense," "child-victim oriented offense," "habitual child-victim offender," and "child-victim predator" have the same meanings as in section 2950.01
of the Revised Code. (MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense. (NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code. (OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code. (PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code. (QQ) "Third degree felony
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree. (RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code. (SS) "Felony sex offense" has the same meaning as in
section
2967.28 of the Revised Code. (TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code. (UU) "Electronic monitoring" means monitoring through the
use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(1) of this section and that conforms with all of the
following: (a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved. (WW) "Non-economic loss" means nonpecuniary harm suffered by a victim of an offense as a result of or related to the commission of the offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss. (XX) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code. (YY) "Continuous alcohol monitoring" means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored.
(ZZ) A person is "adjudicated a sexually violent predator" if the person is convicted of or pleads guilty to a violent sex offense and also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that violent sex offense or if the person is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that designated homicide, assault, or kidnapping offense.
Sec. 2929.13. (A) Except as provided in
division (E), (F),
or (G) of this section and unless a
specific sanction is required
to be imposed or is precluded from
being imposed pursuant to law,
a court that imposes a sentence
upon an offender for a felony may
impose any sanction or
combination of sanctions on the offender
that are provided in
sections 2929.14 to 2929.18 of the Revised
Code. The sentence shall not impose an unnecessary
burden on
state or local government resources. If the offender is eligible to be sentenced to community
control sanctions,
the court shall consider the
appropriateness of
imposing a financial sanction pursuant to
section 2929.18 of the
Revised Code or
a sanction of community service
pursuant to
section 2929.17 of the Revised Code
as the sole sanction for the
offense. Except as otherwise provided in this
division, if the
court is required
to impose a mandatory prison term for the
offense for which
sentence is being imposed, the court also may
impose a financial
sanction pursuant to section 2929.18 of the
Revised
Code but may not impose any additional sanction or
combination of sanctions under section 2929.16 or 2929.17 of the
Revised Code. If the offender is being sentenced for a fourth degree felony
OVI offense or for a third degree felony OVI offense, in
addition
to the mandatory term of local
incarceration or the
mandatory
prison term required for
the offense by
division (G)(1)
or (2) of
this section, the
court shall impose upon the offender a
mandatory
fine in accordance with
division (B)(3) of section
2929.18 of the
Revised Code
and may impose whichever of the
following is
applicable: (1) For a fourth degree felony OVI offense for which
sentence is
imposed under division (G)(1) of this section, an
additional
community control sanction
or combination of community
control sanctions under section 2929.16 or 2929.17
of the Revised
Code. If the court imposes upon the offender a community control sanction and the offender violates any condition of the community control sanction, the court may take any action prescribed in division (B) of section 2929.15 of the Revised Code relative to the offender, including imposing a prison term on the offender pursuant to that division. (2) For a third or fourth degree felony OVI offense for
which
sentence is imposed under division (G)(2) of this section,
an additional
prison term as
described in division (D)(4) of
section 2929.14 of the Revised Code or a community control sanction as described in division (G)(2) of this section. (B)(1) Except as provided in division (B)(2),
(E), (F), or
(G) of this section, in sentencing an offender for a
felony of the
fourth or fifth degree, the sentencing court shall determine
whether any
of the following apply: (a) In committing the offense, the offender caused
physical
harm to a person. (b) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person
with a
deadly weapon. (c) In committing the offense, the offender attempted
to
cause or made an actual threat of physical harm to a person,
and
the offender previously was convicted of an offense that
caused
physical harm to a person. (d) The offender held a public office or position of
trust
and the offense related to that office or position; the
offender's
position obliged the offender to prevent the offense
or to bring
those committing it to justice; or the offender's
professional
reputation or position facilitated the offense or
was likely to
influence the future conduct of others. (e) The offender committed the offense for hire or as part
of an organized criminal activity. (f) The offense is a sex offense that is a fourth or
fifth
degree felony violation of section 2907.03, 2907.04,
2907.05,
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or
2907.34 of the
Revised Code. (g) The offender at the time of the offense was serving, or
the offender previously had served, a prison term. (h) The offender committed the offense while under a
community control
sanction, while on probation, or while released
from custody on a bond or
personal recognizance. (i) The offender committed the offense while in possession
of a firearm. (2)(a) If the court makes a finding
described in division
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this
section and if the court, after
considering the factors set forth
in section 2929.12 of the
Revised Code, finds that a prison term
is consistent with the purposes and principles of sentencing set
forth in section 2929.11 of the Revised
Code and finds that the
offender is not amenable to an available
community control
sanction, the court shall impose a
prison term upon the offender. (b) Except as provided in division (E), (F), or (G) of this
section, if the
court does not make a
finding described in
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of
this section and if the court, after
considering the factors set
forth in section 2929.12 of the
Revised
Code, finds that a
community
control sanction or combination of community control
sanctions
is consistent with the purposes and principles of
sentencing set
forth in section 2929.11 of the
Revised
Code, the
court shall impose a
community control sanction or combination of
community control
sanctions upon the offender. (C) Except as provided in division (D), (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)(1) Except as provided in division (E)
or (F) of this
section, for a felony of the first or
second degree, 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, and for a violation of division (A)(4) of section 2907.05 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. Division (D)(2) of this section does not apply to a presumption established under this division for a violation of division (A)(4) of section 2907.05 of the Revised Code. (2) Notwithstanding the
presumption established
under division (D)(1) of this section for the offenses listed in that division other than a violation of division (A)(4) of section 2907.05 of the Revised Code, 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: (a) 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. (b) 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 guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code and would be sentenced under section 2971.03 of the Revised Code; (3) Gross sexual imposition or sexual battery, if the victim
is under
thirteen
years of age and if any of the following applies: (a) Regarding gross sexual imposition, 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 the victim of the previous offense was under
thirteen years of age; (b) Regarding gross sexual imposition, the offense was committed on or after the effective date of this amendment August 3, 2006, and evidence other than the testimony of the victim was admitted in the case corroborating the violation.
(c) Regarding sexual battery, either of the following applies: (i) The offense was committed prior to the effective date of this amendment August 3, 2006, the offender previously was convicted of or pleaded guilty to rape, the former offense of felonious sexual penetration, or sexual battery, and the victim of the previous offense was under thirteen years of age. (ii) The offense was committed on or after the effective date of this amendment August 3, 2006. (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
either is a violation of section 2903.04 of the Revised Code or an attempt to commit a felony of the second degree that is an offense of violence and involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person if the offender previously was
convicted of or pleaded guilty to
any of the following offenses: (a) Aggravated murder, murder, involuntary manslaughter, rape, felonious sexual penetration as it existed under section 2907.12 of the Revised Code prior to September 3, 1996, a felony of the first or second degree that resulted in the death of a person or in physical harm to a person, or complicity in or an attempt to commit any of those offenses; (b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense listed in division (F)(7)(a) of this section that resulted in the death of a person or in physical harm to a person. (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 violent sex offense or designated homicide, assault, or kidnapping offense if, in relation to that offense, the offender
is adjudicated a sexually violent
predator; (12) A violation of division (A)(1) or (2) of section
2921.36 of the Revised
Code, or a violation of division (C) of
that section involving an item listed
in division (A)(1) or (2) of
that section, if the offender is an officer or
employee of the
department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, with respect to the portion of the sentence imposed pursuant to division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the offender has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, with respect to the portion of the sentence imposed pursuant to division (D)(6) of section 2929.14 of the Revised Code. (G) Notwithstanding divisions (A) to (E) of
this section, if
an offender is being sentenced for a fourth degree felony
OVI
offense or for a third degree felony OVI offense, the
court shall
impose upon the offender a mandatory
term of local incarceration
or a mandatory prison term in accordance with the
following: (1) If the offender is being sentenced for a fourth degree
felony
OVI offense and if the offender has not been convicted of and has not pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code, the court may impose upon the offender a
mandatory term
of local incarceration
of sixty days or one hundred
twenty days as specified
in division (G)(1)(d) of section 4511.19
of
the Revised Code. The court
shall
not reduce the term pursuant
to
section 2929.20, 2967.193, or any
other provision of the
Revised
Code. The court that imposes a
mandatory term of local
incarceration
under this division shall
specify whether the term
is to be served in a
jail, a
community-based correctional
facility, a halfway house, or an
alternative residential facility,
and the
offender shall serve the
term in the type of facility
specified
by the court. A mandatory
term of local incarceration
imposed
under division (G)(1) of this
section is not subject to
extension
under section 2967.11 of the
Revised Code, to a period
of post-release control
under section
2967.28 of the Revised Code,
or to any other Revised Code
provision that pertains to a prison
term except as provided in division (A)(1) of this section. (2) If the offender is being sentenced for a third
degree
felony OVI offense,
or if the offender is being sentenced for a
fourth degree felony OVI
offense and the court does not impose a
mandatory term of local incarceration
under division (G)(1) of
this section, the court shall impose upon the
offender a mandatory prison term of one, two, three, four, or five years if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or shall impose upon the offender a mandatory
prison term of sixty days or one hundred twenty days as specified
in division (G)(1)(d) or (e)
of
section 4511.19 of the Revised Code if the offender has not been convicted of and has not pleaded guilty to a specification of that type. The
court shall not reduce the term pursuant
to section
2929.20,
2967.193, or any other provision of the Revised Code. The offender shall serve the one-, two-, three-, four-, or five-year mandatory prison term consecutively to and prior to the prison term imposed for the underlying offense and consecutively to any other mandatory prison term imposed in relation to the offense. In
no case
shall an offender who once has been sentenced to a
mandatory term
of local incarceration pursuant to division (G)(1)
of this section
for a
fourth degree felony OVI offense be
sentenced to another
mandatory
term of local incarceration under
that division for any
violation of division
(A) of section 4511.19
of the Revised Code.
In addition to the mandatory prison term described in division (G)(2) of this section, the court may sentence the
offender to
a
community control
sanction under section 2929.16 or 2929.17 of
the Revised
Code, but the offender shall serve the prison term prior to serving the community control sanction.
The department of rehabilitation and correction
may place an
offender
sentenced to a mandatory prison term under
this division
in an intensive
program prison established pursuant
to section
5120.033 of the Revised
Code if the department gave the
sentencing
judge prior notice of its intent to
place the offender
in an
intensive program prison established under that
section and
if the
judge did not notify the department that the judge
disapproved the
placement. Upon the establishment of the initial
intensive
program prison pursuant to section 5120.033 of the
Revised Code
that is privately operated
and managed by a
contractor pursuant to
a contract entered into under section
9.06
of the Revised Code,
both of the following apply: (a) The department of rehabilitation and correction shall
make a
reasonable effort to ensure that a sufficient number of
offenders sentenced to
a mandatory prison term under this division
are placed in the privately
operated and managed prison so that
the privately operated and managed prison
has full occupancy. (b) Unless the privately operated and managed prison has
full
occupancy, the department of rehabilitation and correction
shall not place any
offender sentenced to a mandatory prison term
under this division in any
intensive program prison established
pursuant
to section 5120.033 of the Revised Code other
than the
privately operated and managed prison. (H) If an offender is being sentenced
for a sexually
oriented offense committed on or after January 1,
1997, the judge
shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of the
Revised Code
if
either of the following applies: (1) The offense was a violent sex offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the
offender was
adjudicated a sexually
violent predator.
(2) The offense was a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment. (3) The offense was attempted rape committed on or after the effective date of this amendment, and the offender also was convicted of or pleaded guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code. (4) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator. (I) If an offender is being sentenced
for a sexually
oriented offense that is not a registration-exempt sexually oriented offense or for a child-victim oriented offense committed on or after January 1,
1997, the judge
shall
include in the sentence a summary of the
offender's duties imposed under sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code and the
duration of the duties. The
judge shall inform the offender, at the
time of sentencing, of
those duties and of their duration and, if required
under division
(A)(2) of section 2950.03 of
the Revised Code, shall perform the
duties specified in that
section. (J)(1) Except as
provided in division (J)(2) of
this
section, when considering sentencing factors under this
section in
relation to an offender who is convicted of or pleads
guilty to an
attempt to commit an offense in violation of
section 2923.02 of
the Revised Code, the sentencing court
shall consider the factors
applicable to the felony category of
the violation of section
2923.02 of the Revised
Code instead of the factors
applicable to
the felony category of the offense
attempted. (2) When considering sentencing factors under this
section
in relation to an offender who is convicted of or pleads
guilty to
an attempt to commit a drug abuse offense for which
the penalty is
determined by the amount or number of unit doses
of the controlled
substance involved in the drug abuse offense,
the sentencing court
shall consider the factors applicable to
the felony category that
the drug abuse offense attempted would
be if that drug abuse
offense had been committed and had
involved an amount or number of
unit doses of the controlled
substance that is within the next
lower range of controlled substance amounts
than was involved in
the attempt. (K) As used in this section, "drug abuse offense" has the
same meaning as in
section 2925.01 of the Revised Code. (L) At the time of sentencing an offender who is a sexual predator for any sexually oriented offense, if the offender does not serve a prison term or jail term, the court may require that the offender be monitored by means of a global positioning device. If the court requires such monitoring, the cost of monitoring shall be borne by the offender. If the offender is indigent, the cost of compliance shall be paid by the crime victims reparations fund.
Sec. 2929.14. (A) Except as provided in
division (C),
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this
section and except
in relation to an offense for which a sentence
of death or life
imprisonment is to be imposed, if the court
imposing a sentence
upon an offender for a felony elects or is
required to impose a
prison term on the offender pursuant to this
chapter, the court shall
impose a definite prison term that shall
be one of the following: (1) For a felony of the first degree, the prison term
shall
be three, four, five, six, seven, eight, nine, or ten
years. (2) For a felony of the second degree, the prison term
shall
be two, three, four, five, six, seven, or eight years. (3) For a felony of the third degree, the prison term
shall
be one, two, three, four, or five years. (4) For a felony of the fourth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven, twelve, thirteen,
fourteen, fifteen, sixteen, seventeen, or eighteen months. (5) For a felony of the fifth degree, the prison term
shall
be six, seven, eight, nine, ten, eleven,
or twelve months. (B) Except as provided in division (C),
(D)(1), (D)(2),
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 or 2907.05
of the Revised
Code, or in Chapter
2925. of the Revised Code, if the court
imposing a sentence upon an offender for a felony elects or is
required to impose a prison term on the offender, the court shall
impose the shortest prison term authorized for the offense
pursuant to division (A) of this section, unless
one or more
of
the following applies: (1) The offender was serving a prison term at the time of
the offense, or the offender previously had served a prison term. (2) The
court finds on the record that the shortest prison
term will
demean the seriousness of the offender's conduct or will
not
adequately protect the public from future crime by the
offender
or others. (C) Except as provided in division (G) of this section or in
Chapter 2925. of
the Revised Code, the court imposing a sentence
upon an
offender for a felony may impose the longest prison term
authorized for the offense pursuant to division (A) of
this
section only upon offenders who committed the worst forms of
the
offense, upon offenders who pose the greatest likelihood of
committing future crimes, upon certain major drug offenders under
division (D)(3) of this section, and upon certain repeat
violent
offenders in accordance with division (D)(2) of
this section. (D)(1)(a) Except as provided in division
(D)(1)(e) of this
section, if
an offender who is convicted of or pleads guilty to a
felony also
is convicted of or pleads guilty to a specification of
the type
described in section 2941.141, 2941.144, or
2941.145 of
the
Revised Code, the court shall impose on the offender one of
the
following prison terms: (i) A prison term of six years if the specification is of
the
type described in section 2941.144 of the Revised Code
that
charges the offender with having a firearm that is an automatic
firearm
or that was equipped with a firearm muffler or silencer on
or about the
offender's person or
under the offender's control
while committing the felony; (ii) A prison term of three years if the specification
is of
the type described in section 2941.145 of the Revised
Code that
charges the offender with having a firearm on or about the
offender's person or under the offender's control while committing
the offense
and displaying
the firearm, brandishing
the firearm,
indicating that the offender possessed the firearm, or
using it to
facilitate the offense; (iii) A prison term of one year if the specification
is of
the type described in section 2941.141 of the Revised
Code
that
charges the offender with having a firearm on or about the
offender's
person or under the offender's control while committing
the felony. (b) If a
court imposes a prison term on
an
offender under
division (D)(1)(a) of this section, the prison
term shall not be
reduced pursuant to section 2929.20, section 2967.193,
or
any
other provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. A court shall not
impose more than one prison term on an
offender under
division (D)(1)(a) of this section for felonies
committed as part of
the same act or transaction. (c) Except as provided in division
(D)(1)(e)
of this
section, if an offender who is convicted of or pleads
guilty to a
violation of section 2923.161 of the
Revised
Code or to a felony
that includes,
as an essential element, purposely or knowingly
causing or
attempting to cause the death of or physical harm to
another,
also is convicted of or pleads guilty to a specification
of the
type described in section 2941.146 of the
Revised
Code that
charges the offender
with committing the offense by discharging a
firearm from a
motor vehicle other than a manufactured
home, the
court, after imposing
a prison term on the offender for the
violation of section
2923.161 of the Revised
Code or for the other
felony
offense under division (A), (D)(2), or (D)(3) of this
section, shall
impose an additional prison term of five years upon
the offender
that shall not be reduced pursuant to section
2929.20, section 2967.193, or
any other provision of Chapter 2967.
or Chapter 5120. of the Revised Code. A
court shall not impose
more than one additional prison term on an offender under
division
(D)(1)(c) of this section for felonies committed as
part of the
same
act or transaction. If a court imposes an additional prison
term on an
offender under division (D)(1)(c) of this section
relative to an offense, the court also shall
impose a prison term
under division
(D)(1)(a) of this section
relative to the same
offense, provided the criteria specified in that division
for
imposing an additional prison term are satisfied relative to the
offender
and the offense. (d)
If an offender who is convicted of or pleads guilty to
an offense
of violence that is a felony also is convicted of or
pleads guilty to a
specification of the type described in section
2941.1411 of the Revised Code that charges the
offender with
wearing or carrying body armor
while committing the felony offense
of violence, the court shall
impose on the offender a prison term
of two years. The prison
term so imposed shall not be reduced
pursuant to section 2929.20,
section 2967.193, or any other
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A court shall not impose more
than one prison term
on an offender
under division
(D)(1)(d) of this section for
felonies committed as
part of
the same act or transaction. If a
court imposes an
additional prison
term under division (D)(1)(a)
or (c)
of this
section, the
court is not precluded from imposing
an additional
prison term under
division (D)(1)(d) of this
section. (e) The court shall not impose any of the
prison terms
described in division
(D)(1)(a)
of this section or any of the
additional prison terms described in
division (D)(1)(c) of this
section upon an
offender for a
violation of section
2923.12 or
2923.123 of the Revised Code. The court shall not
impose any of
the prison terms described in
division
(D)(1)(a) of this section
or any of the additional prison terms
described in division
(D)(1)(c) of this section
upon an offender for a violation of
section 2923.13 of the
Revised Code unless all of the following
apply: (i) The offender previously has been convicted
of aggravated
murder, murder, or any felony of the first or
second degree. (ii) Less than five years have passed since the
offender was
released from prison or post-release control,
whichever is later,
for the prior offense.
(f) If an offender is convicted of or pleads guilty to a
felony that includes, as an essential element, causing or
attempting to cause
the death of or physical
harm to another and
also is convicted of or pleads guilty to a
specification of the
type described in section 2941.1412 of the
Revised Code that
charges the
offender with committing the offense by discharging a
firearm at a
peace officer as defined in section 2935.01 of the
Revised Code or a corrections officer as defined in section
2941.1412 of the Revised Code, the court, after imposing a
prison
term on the
offender for the felony offense under division (A),
(D)(2),
or
(D)(3) of this section, shall impose an additional
prison term of
seven years upon the offender that shall not be
reduced pursuant
to section 2929.20, section 2967.193, or any
other provision of
Chapter 2967. or Chapter 5120. of
the Revised
Code. A court
shall
not impose more than one
additional prison
term on an
offender
under division (D)(1)(f) of
this section for
felonies
committed as
part of the same act or transaction.
If a
court
imposes an
additional prison term on an offender under
division
(D)(1)(f) of
this section relative to an offense,
the
court
shall not impose a
prison term under division (D)(1)(a)
or
(c)
of
this section
relative to the same offense. (2)(a) If division (D)(2)(b) of this section does not apply, the
court
may impose on an offender, in addition to the longest prison term
authorized or required for the offense, an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender. (ii) The offense of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (iii) The court imposes the longest prison term for the offense that is not life imprisonment without parole. (iv) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section are inadequate to
punish the
offender and protect the public from future crime,
because the
applicable factors
under
section 2929.12
of the Revised Code
indicating a greater
likelihood of recidivism outweigh
the
applicable factors under that section indicating a lesser
likelihood of
recidivism. (v) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section are demeaning to the
seriousness
of the offense, because one or more of the factors
under section
2929.12 of the Revised Code
indicating that the offender's conduct
is more serious than conduct normally
constituting the offense are
present, and they outweigh the applicable
factors under that
section indicating that the offender's
conduct is
less serious
than conduct normally constituting the offense. (b) The court shall impose on an offender the longest prison term authorized or required for the offense and shall impose on the offender an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met: (i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been convicted of or pleaded guilty to three or more offenses described in division (DD)(1) of section 2929.01 of the Revised Code, including all offenses described in that division of which the offender is convicted or to which the offender pleads guilty in the current prosecution and all offenses described in that division of which the offender previously has been convicted or to which the offender previously pleaded guilty, whether prosecuted together or separately. (iii) The offense or offenses of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person. (c) For purposes of division (D)(2)(b) of this section, two or more offenses committed at the same time or as part of the same act or event shall be considered one offense, and that one offense shall be the offense with the greatest penalty. (d) A sentence imposed under division (D)(2)(a) or (b) of this section shall not be reduced pursuant to section 2929.20 or section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. The offender shall serve an additional prison term imposed under this section consecutively to and prior to the prison term imposed for the underlying offense. (e) When imposing a sentence pursuant to division (D)(2)(a) or (b) of this section, the court shall state its findings explaining the imposed sentence. (3)(a) Except when an offender commits a
violation of
section 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for the
violation is life imprisonment or commits a
violation of section
2903.02 of the Revised Code, if the offender
commits a violation of section 2925.03 or 2925.11 of
the Revised
Code and that section classifies the offender as a major drug
offender and requires the
imposition of a ten-year prison term on
the offender, if
the offender commits a felony violation of
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, division
(C) of section 4729.51, or division (J)
of section 4729.54
of the Revised Code that includes the sale,
offer to sell,
or possession of a schedule
I or II controlled
substance, with the exception of
marihuana, and the
court imposing
sentence upon the offender finds
that the offender is guilty of a
specification of the type
described in section 2941.1410 of the
Revised Code charging
that the offender is a
major drug offender,
if the court imposing sentence upon an offender for
a felony
finds
that the offender is guilty
of corrupt activity with the
most
serious offense in the pattern
of corrupt activity being a
felony
of the first degree, or if the offender is guilty of
an attempted
violation of section 2907.02 of the Revised Code and, had the
offender completed the violation of section 2907.02 of the Revised
Code that was attempted, the offender would have been subject to a
sentence of life imprisonment or life imprisonment without parole
for the violation of section 2907.02 of the Revised Code, the
court shall
impose upon
the offender for the felony violation a
ten-year
prison term that
cannot be reduced pursuant to section
2929.20 or
Chapter
2967. or 5120. of the Revised Code. (b) The court imposing a prison term on an
offender under
division (D)(3)(a) of this
section may impose an additional prison
term of one, two, three,
four, five, six, seven, eight, nine, or
ten years, if the court,
with respect to the term imposed under
division
(D)(3)(a) of this section and, if
applicable, divisions
(D)(1) and (2) of this section,
makes both of the findings set
forth in divisions
(D)(2)(a)(iv) and (v) of this section. (4) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of section
2929.13
of the Revised
Code,
the sentencing court shall impose
upon the
offender a mandatory prison term in
accordance with that
division.
In addition to the mandatory prison term, if the offender is being
sentenced for a fourth degree felony OVI offense, the court,
notwithstanding division (A)(4) of this section, may sentence the
offender to a definite prison term of not less than six months and
not more than thirty months, and if the offender is being
sentenced for a third degree felony OVI offense, the
sentencing
court may sentence the offender to an additional prison
term of
any
duration specified in division (A)(3) of this section. In
either case, the additional prison term imposed shall be reduced
by the sixty or one
hundred twenty days imposed upon the
offender
as the mandatory prison term.
The total of the
additional prison
term imposed under division (D)(4) of this
section
plus the sixty
or one hundred twenty days imposed as the
mandatory prison term
shall equal a definite term in the range of six months to thirty
months for a fourth degree felony OVI offense and shall equal one
of
the authorized prison
terms specified in division (A)(3) of
this section for a third degree felony OVI offense. If
the court
imposes an additional prison term under division (D)(4) of this
section, the offender shall serve the additional prison term after
the
offender has served the mandatory prison term required for the
offense. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the
court also may sentence the offender to a community
control sanction under
section 2929.16 or 2929.17 of the Revised
Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section. (5) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1414 of the
Revised Code that charges that the victim of the offense is a
peace officer, as defined in section 2935.01 of the Revised Code,
the court shall impose on the offender a prison term of five
years. If a court imposes a prison term on an offender under
division (D)(5) of this section, the prison term shall not be
reduced pursuant to section 2929.20, section 2967.193, or any
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. A court shall not impose more than one prison term on an
offender under division (D)(5) of this section for felonies
committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a
violation of division (A)(1) or (2) of section 2903.06 of the
Revised Code and also is convicted of or pleads guilty to a
specification of the type described in section 2941.1415 of the
Revised Code that charges that the offender previously has been
convicted of or pleaded guilty to three or more violations of division (A)
or (B) of section 4511.19 of the Revised Code or an equivalent
offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, the
court shall impose on the offender a prison term of three years.
If a court imposes a prison term on an offender under division
(D)(6) of this section, the prison term shall not be reduced
pursuant to section 2929.20, section 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. of the Revised Code.
A
court shall not impose more than one prison term on an offender
under division (D)(6) of this section for felonies committed as
part of the same act. (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a mandatory prison term
is imposed
upon an offender pursuant to
division (D)(1)(a) of this
section for having a firearm on or
about the offender's person or under the
offender's
control while
committing a felony, if a mandatory prison term
is imposed
upon an
offender pursuant to division (D)(1)(c) of
this section for
committing a felony specified in that division by discharging
a
firearm from a motor vehicle, or if both types of mandatory prison
terms
are imposed, the offender shall serve
any mandatory prison
term
imposed under either division
consecutively to any other
mandatory prison term imposed under either division
or under
division (D)(1)(d) of this
section,
consecutively to and prior to
any prison term
imposed for the underlying felony pursuant to
division (A),
(D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term
or
mandatory prison term previously or subsequently imposed
upon the
offender. (b) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(d) of this section for
wearing or
carrying body armor while committing an offense of violence that
is a felony,
the offender shall serve the mandatory
term so
imposed consecutively to any other mandatory prison term
imposed
under that division or under division (D)(1)(a)
or (c) of
this
section, consecutively to and prior to any prison term imposed for
the underlying felony under division (A), (D)(2), or
(D)(3)
of
this section or any other section of the Revised Code, and
consecutively to any other
prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (c) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(1)(f) of this section, the offender shall
serve the mandatory prison term so imposed consecutively to and
prior to any prison term imposed for the underlying felony under
division (A), (D)(2), or (D)(3) of this section or any other
section of the Revised Code, and consecutively to any other prison
term or mandatory prison term previously or subsequently imposed
upon the offender. (2) If an offender who is an inmate in a jail, prison,
or
other residential detention facility violates section 2917.02,
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender
who is under detention at a detention facility commits a felony
violation of section 2923.131 of the Revised Code, or if an
offender who is an
inmate in a jail, prison, or other residential
detention facility or is under
detention at a detention facility
commits another felony while the offender is
an
escapee in
violation of
section 2921.34 of the Revised Code, any prison
term
imposed upon the offender for one of those violations
shall be
served by the offender consecutively to the prison term or term of
imprisonment the offender
was serving when the offender committed
that offense and to any other prison
term previously or
subsequently imposed upon the offender. (3) If a prison term is imposed for a violation of division
(B) of section 2911.01 of the Revised
Code, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation of division
(B) of section 2921.331
of the Revised Code, the offender shall serve that
prison term
consecutively to any
other prison term or mandatory prison term
previously or subsequently
imposed upon the offender. (4) If multiple prison terms are imposed on an offender
for
convictions of multiple offenses, the court may require the
offender to serve the prison terms consecutively if the court
finds that the consecutive service is necessary to protect the
public from future crime or to punish the offender and that
consecutive sentences are not disproportionate to the seriousness
of the
offender's conduct and to the danger the offender
poses to
the public, and if the court also finds any
of the following: (a) The offender committed
one or more of the multiple
offenses while the
offender was awaiting trial or sentencing, was
under a sanction
imposed pursuant to section 2929.16, 2929.17, or
2929.18 of the
Revised Code, or was under
post-release control for
a prior
offense. (b)
At least two of the multiple offenses were committed
as
part of one or more courses of conduct, and the harm caused by
two
or more of the multiple offenses
so committed
was so great or
unusual that no single prison term for any of the
offenses
committed as part of
any of the courses of conduct
adequately
reflects the seriousness of the offender's conduct. (c) The offender's history of criminal conduct
demonstrates
that consecutive sentences are necessary to protect
the public
from future crime by the offender. (5) If a mandatory prison term is imposed upon an offender
pursuant to division (D)(5) or (6) of this section, the offender
shall serve the mandatory prison term consecutively to and prior
to any prison term imposed for the underlying violation of
division (A)(1) or (2) of section 2903.06 of the Revised Code
pursuant to division (A) of this section. If a mandatory prison
term is imposed upon an offender pursuant to division (D)(5) of
this section, and if a mandatory prison term also is imposed upon
the offender pursuant to division (D)(6) of this section in
relation to the same violation, the offender shall serve the
mandatory prison term imposed pursuant to division (D)(5) of this
section consecutively to and prior to the mandatory prison term
imposed pursuant to division (D)(6) of this section and
consecutively to and prior to any prison term imposed for the
underlying violation of division (A)(1) or (2) of section 2903.06
of the Revised Code pursuant to division (A) of this section. (6) When consecutive prison terms are imposed pursuant
to
division (E)(1), (2), (3), (4), or (5) of this
section, the term to be
served is the aggregate of all of the terms so
imposed. (F)(1) If a court imposes a prison term for a felony of the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the third degree that is not a felony sex offense and in the commission of which the offender caused or threatened to cause physical harm to a person, it shall
include in the sentence a
requirement that the offender be subject
to a period of
post-release control after the offender's release
from imprisonment, in
accordance with that division. If a court imposes a sentence including a prison term of a type described in this division on or after the effective date of this amendment July 11, 2006, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (2) If a court
imposes a prison term
for a felony of the third, fourth, or fifth degree that is not subject to division (F)(1) of this section, it
shall include in the sentence a requirement that the
offender be
subject to a period of post-release control after the
offender's release
from imprisonment, in accordance with that
division, if the
parole board determines that a period of
post-release control is
necessary. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control. (G) If a person is convicted of or pleads guilty to a
violent sex
offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender is adjudicated a sexually violent
predator, if a person is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment and either the court does not impose a sentence of life without parole when authorized pursuant to division (B) of section 2907.02 of the Revised Code or division (B) of section 2907.02 of the Revised Code provides that the court shall not sentence the offender pursuant to section 2971.03 of the Revised Code, or if a person is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the court shall impose
sentence upon the offender in
accordance with section 2971.03 of the Revised
Code, and Chapter
2971. of the Revised Code applies regarding the prison term
or
term of life imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment. (H) If a person who has been convicted of or pleaded guilty
to a felony is
sentenced to a prison term or term of imprisonment
under this section,
sections 2929.02 to 2929.06 of the Revised
Code, section 2971.03 of the
Revised Code, or any other provision
of law, section 5120.163 of the Revised
Code applies regarding the
person while the person is confined in a state
correctional
institution. (I) If an offender who is convicted of or pleads guilty to a
felony that is an offense of violence
also is convicted of or
pleads guilty to a specification of the
type described in section
2941.142 of the
Revised Code that charges the offender with having
committed
the felony while participating in a criminal gang, the
court shall impose upon
the offender an additional prison term of
one, two, or three years. (J) If an offender who is convicted of or pleads guilty to
aggravated murder, murder, or a
felony of the first, second, or
third degree that is an
offense of violence also is convicted of
or pleads guilty to a
specification of the type described in
section 2941.143 of the
Revised
Code that charges the offender
with having committed the offense in a school safety
zone or
towards a person in a school safety zone, the court shall impose
upon the offender an additional prison term of two years. The
offender shall
serve the additional two years consecutively to and
prior to the prison term
imposed for the underlying offense. (K) At the time of sentencing, the court
may recommend the
offender for
placement in a program of shock incarceration
under
section 5120.031 of the Revised Code or for
placement
in an
intensive program prison
under
section 5120.032 of the Revised
Code, disapprove placement of the
offender in a program of shock
incarceration or
an intensive
program
prison
of that nature, or
make
no recommendation on placement of
the offender.
In no case
shall
the department of rehabilitation and correction place the
offender
in a program or prison of that nature unless the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for the placement. If the court disapproves placement of the offender in a
program or prison
of that nature, the department of rehabilitation
and correction shall not
place the offender in any program of
shock incarceration or intensive program
prison. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program
prison,
and if the offender
is subsequently placed in the recommended
program or
prison, the
department shall notify the court of the
placement and shall
include with the notice a brief description of
the placement. If the court
recommends placement of the offender in
a
program of shock
incarceration or in an intensive program prison
and the department does not
subsequently place the offender in the
recommended program or prison, the
department shall send a notice
to the court indicating why the offender was
not placed in the
recommended program or prison. If the court does not make a recommendation under this
division with
respect to an
offender
and if the
department
determines as specified in section 5120.031 or 5120.032
of the
Revised Code, whichever is applicable, that the offender is
eligible for placement in a program or prison of that nature, the
department shall screen the offender and
determine if there is an
available program of shock incarceration or an
intensive program
prison for which the offender is suited. If there is an
available
program of shock incarceration or an intensive program prison for
which the offender is suited, the department shall notify the
court of the
proposed placement of the offender
as specified in
section 5120.031 or 5120.032 of the Revised Code and shall include
with the notice a brief
description of the placement. The court
shall have ten days from receipt of
the notice to disapprove the
placement.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender. (2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced on or after January 1, 1997, for a
sexually oriented offense that is not a registration-exempt sexually oriented offense and who is in any category of offender described in division (B)(1)(a)(i), (ii), or (iii) of section 2950.09 of the Revised Code, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
violent sex
offense or a designated homicide, assault, or kidnapping offense and, in relation to that offense, the offender was adjudicated a sexually violent predator, if the offender is being sentenced under section 2971.03 of the Revised Code for a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment, if the offender is sentenced to a term of life without parole under division (B) of section 2907.02 of the Revised Code, or if the offender is being sentenced for attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense that is not a registration-exempt sexually oriented offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code. Before imposing sentence on or after July 31, 2003, on an offender who is being sentenced for a child-victim oriented offense, regardless of when the offense was committed, the court shall conduct a hearing in accordance with division (B) of section 2950.091 of the Revised Code to determine whether the offender is a child-victim predator. Before imposing sentence on an offender who is being sentenced for a child-victim oriented offense, the court also shall comply with division (E) of section 2950.091 of the Revised Code. (B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code. (2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances: (a) Unless the offense is a violent sex offense or designated homicide, assault, or kidnapping offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender. (b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code. (c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences; (d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term; (e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term. (3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following: (a) Impose a stated prison term; (b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term; (c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree that is not a felony sex offense and in the commission of which
the
offender caused or threatened to cause physical harm to a person. If a court imposes a sentence including a prison term of a type described in division (B)(3)(c) of this section on or after the effective date of this amendment July 11, 2006, the failure of a court to notify the offender pursuant to division (B)(3)(c) of this section that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the mandatory period of supervision that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment July 11, 2006, a court imposed a sentence including a prison term of a type described in division (B)(3)(c) of this section and failed to notify the offender pursuant to division (B)(3)(c) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control. (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. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment July 11, 2006, a court imposed a sentence including a prison term of a type described in division (B)(3)(d) of this section and failed to notify the offender pursuant to division (B)(3)(d) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control. (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. If a court imposes a sentence including a prison term on or after the effective date of this amendment July 11, 2006, the failure of a court to notify the offender pursuant to division (B)(3)(e) of this section that the parole board may impose a prison term as described in division (B)(3)(e) of this section for a violation of that supervision or a condition of post-release control imposed under division (B) of section 2967.131 of the Revised Code or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the authority of the parole board to so impose a prison term for a violation of that nature if, pursuant to division (D)(1) of section 2967.28 of the Revised Code, the parole board notifies the offender prior to the offender's release of the board's authority to so impose a prison term. Section 2929.191 of the Revised Code applies if, prior to the effective date of this amendment July 11, 2006, a court imposed a sentence including a prison term and failed to notify the offender pursuant to division (B)(3)(e) of this section regarding the possibility of the parole board imposing a prison term for a violation of supervision or a condition of post-release control. (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
violent sex offense or designated homicide, assault, or kidnapping offense
that the offender committed on or after January 1,
1997,
and the offender is adjudicated a
sexually
violent predator in relation to that offense, if the
offender is being sentenced
for
a
sexually oriented offense that is not a registration-exempt sexually oriented offense and that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator, if the offender is being sentenced on or after July 31, 2003, for a child-victim oriented offense and the court imposing the sentence has determined pursuant to division (B) of section 2950.091 of the Revised Code that the offender is a child-victim predator,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code, if the offender is being sentenced under section 2971.03 of the Revised Code for a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment, if the offender is sentenced to a term of life without parole under division (B) of section 2907.02 of the Revised Code, or if the offender is being sentenced for attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated a sexual
predator, has been adjudicated a child victim predator,
or has been convicted of or pleaded guilty
to an
aggravated sexually oriented offense, whichever is
applicable, and
shall
comply with the requirements of section
2950.03 of the
Revised
Code. Additionally, in the circumstances
described in
division
(G) of section 2929.14 of the Revised Code,
the court
shall impose
sentence on
the offender as described in
that
division. (5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code. (6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section
2929.32 of the
Revised
Code, the court shall consider the
offender's present and
future ability to
pay the amount of the
sanction or fine.
(7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section
2929.36 of the Revised
Code, and
if the local detention facility is covered by a policy
adopted
pursuant to section 307.93, 341.14, 341.19, 341.21,
341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the Revised Code, both of the
following
apply: (a) The court shall specify both of the following as part of
the sentence: (i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section. (ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
offender as described
in that section. (b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section. (C)(1) If the offender is being sentenced for a fourth
degree felony
OVI offense under division (G)(1) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
term
of
local
incarceration in accordance with that division,
shall impose
a mandatory fine
in accordance with division (B)(3)
of section
2929.18 of the Revised Code,
and, in addition, may
impose
additional sanctions as specified in sections
2929.15,
2929.16,
2929.17, and 2929.18 of the Revised Code. The court
shall
not
impose a prison term on the offender except that the court may impose a prison term upon the offender as provided in division (A)(1) of section 2929.13 of the Revised Code. (2) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
prison
term in accordance with that
division, shall impose a
mandatory
fine in accordance with division (B)(3) of
section
2929.18 of the
Revised Code, and, in addition, may impose an
additional prison
term as specified in section 2929.14 of the
Revised Code.
In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the
court also may impose a community control
sanction on the
offender, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction. (D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval.
Sec. 2930.16. (A) If a defendant is incarcerated,
a victim in a case who has requested to receive notice under this section
shall be given notice of the incarceration of the defendant. If an alleged
juvenile offender
is committed to the temporary custody of a
school, camp, institution, or other facility operated for the
care of delinquent children or to the legal custody of the
department of youth services, a victim in a case who has
requested to receive notice under this section shall be given
notice of the commitment. Promptly after
sentence is imposed upon the defendant or the commitment of the alleged
juvenile offender
is ordered, the prosecutor in the
case shall notify the victim of the date on which the defendant
will be released from confinement or the prosecutor's
reasonable
estimate of that date or the date on which the alleged juvenile offender
will
have served the minimum period of commitment or the prosecutor's reasonable
estimate of that date. The prosecutor also shall notify the
victim of the name of the custodial agency of the defendant or alleged
juvenile offender and
tell the victim how to contact that custodial agency. If the custodial agency is the department of rehabilitation and correction, the prosecutor shall notify the victim of the services offered by the office of victims' services pursuant to section 5120.60 of the Revised Code. If the custodial
agency is the department of youth
services, the prosecutor shall notify the victim of the services
provided by the office of victims' services within the release
authority of the department pursuant to section 5139.55 of the
Revised
Code and the victim's right
pursuant to section 5139.56 of the
Revised
Code to submit a written
request to the release authority to be notified of actions the
release authority takes with respect to the alleged juvenile
offender. The victim
shall keep the custodial agency informed of the victim's current
address and telephone number. (B)(1) Upon the victim's request, the prosecutor promptly shall
notify the
victim of any hearing for judicial release of the defendant pursuant to
section 2929.20 of the Revised Code or of any hearing for judicial release
or early release of the alleged juvenile offender pursuant to section 2151.38
of the
Revised Code and of the victim's right to make a
statement under those sections. The court shall
notify the victim of its ruling
in each of those hearings and on each of those
applications. (2) If an offender is convicted of or pleads guilty to a
violent sex offense or designated homicide, assault, or kidnapping offense, if the offender is adjudicated a sexually violent
predator in relation to that crime, and if the offender is sentenced to a prison term for that crime pursuant to division
(A)(3) of section 2971.03 of the Revised Code, if an offender is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment, and the offender is sentenced to a prison term for that offense pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code, if an offender is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment, the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1418 of the Revised Code, and the offender is sentenced to a prison term for that offense pursuant to division (B)(2)(a) of section 2971.03 of the Revised Code, if the offender is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment, the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1419 of the Revised Code, and the offender is sentenced to a prison term for that offense pursuant to division (B)(2)(b) of section 2971.03 of the Revised Code, or if the offender is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment, the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1420 of the Revised Code, and the offender is sentenced to a prison term for that offense pursuant to division (B)(2)(c) of section 2971.03 of the Revised Code, upon the request of the victim of the crime, the prosecutor promptly
shall notify the victim of any hearing to be conducted pursuant
to section 2971.05 of the Revised Code to determine whether to
modify the requirement that the offender serve the entire prison
term in a state correctional facility in accordance with
division (C) of that section,
whether to continue, revise, or revoke any existing modification
of that requirement, or whether to terminate the prison term in
accordance with division (D) of
that section. The court shall notify the victim of any order
issued at the conclusion of the hearing.
As used in this
division: (a) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section. (b) "Designated homicide, assault, or kidnapping offense" and "violent sex offense" have the same meanings as in section 2971.01 of the Revised Code. (C) Upon the victim's request made at any time before the
particular notice would be due, the custodial agency of a
defendant or alleged juvenile offender shall give the victim any of
the following notices that is applicable: (1) At least three weeks before the adult parole authority
recommends a pardon or commutation of sentence for the
defendant or at least three weeks prior to a hearing before the
adult parole authority regarding a grant of parole to the
defendant, notice of the victim's right to submit a statement
regarding the impact of the defendant's release in accordance
with section 2967.12 of the Revised Code and, if applicable, of the
victim's right to appear at a full board hearing of the parole board to give
testimony as authorized by section 5149.101 of the Revised Code; (2) At least three weeks before the defendant is
transferred to transitional control under
section 2967.26 of
the Revised Code, notice of the pendency of the
transfer
and
of the victim's right under that section to
submit a statement regarding the impact of the transfer; (3) At least thirty days before the release authority of the
department of youth services holds a release review, release
hearing, or discharge review for the alleged juvenile offender, notice of the
pendency of the review or hearing, of the victim's right to make
an oral or written statement regarding the impact of the crime
upon the victim or regarding the possible release or discharge,
and, if the notice pertains to a hearing, of the victim's right
to attend and make statements or comments at the hearing as
authorized by section 5139.56 of the
Revised
Code; (4) Prompt notice of the defendant's or alleged juvenile offender's
escape
from a facility of the custodial agency in which the
defendant was incarcerated or in which the alleged juvenile offender was
placed after
commitment, of the defendant's or alleged juvenile offender's
absence without leave from a
mental health or mental
retardation and developmental disabilities facility or from other
custody, and of the capture of the defendant or alleged juvenile
offender after an
escape or absence; (5) Notice of the defendant's or alleged juvenile
offender's death while in
confinement or custody; (6) Notice of the defendant's or alleged juvenile
offender's release from confinement
or custody and
the terms and conditions of
the release.
Sec. 2941.148. (A)(1) The application of Chapter 2971. of the Revised Code to
an offender is precluded unless the one of the following applies:
(a) The offender is charged with a violent sex offense, and the indictment, count in the
indictment, or information charging the violent sex offense
also includes a specification that the offender is a sexually
violent predator, or the offender is charged with a designated homicide, assault, or kidnapping offense, and the indictment, count in the indictment, or information charging the designated homicide, assault, or kidnapping offense also includes both a specification of the type described in section 2941.147 of the Revised Code and a specification that the offender is a sexually violent predator. The (b) The offender is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment and division (B) of section 2907.02 of the Revised Code does not prohibit the court from sentencing the offender pursuant to section 2971.03 of the Revised Code.
(c) The offender is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment and to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code. (2) A specification required under division (A)(1)(a) of this section that the an offender is a sexually violent predator shall be stated at the end
of the body of the indictment, count, or information and shall be
stated in substantially the following form: "Specification (or, specification to
the first count). The grand jury (or insert the person's or
prosecuting attorney's name when appropriate) further find and
specify that the offender is a sexually violent predator." (B) In determining for purposes of this section whether a person
is a sexually violent predator, all of the factors set forth in divisions
(H)(1) to (6) of section 2971.01 of the Revised Code that
apply regarding the person may be considered as evidence tending to indicate
that it is likely that the person will engage in the future in one or
more sexually violent offenses. (C) As used in this section, "designated homicide, assault, or
kidnapping offense," "violent sex offense," and
"sexually violent predator" have the same meanings as in section 2971.01 of
the Revised Code.
Sec. 2941.1418. (A) Imposition of a mandatory indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years upon an offender pursuant to division (A)(3)(e)(ii) or (B)(2)(a) of section 2971.03 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifies that the offender was sixteen years of age or older at the time of the commission of the offense and that, had the offender completed the rape that was attempted, the offender would have been guilty of rape in violation of division (A)(1)(b) of section 2907.02 of the Revised Code. (B) The
specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that the offender was sixteen years of age or older at the time of the commission of the offense and that, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code)."
Sec. 2941.1419. Imposition of a mandatory indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iii) or (B)(2)(b) of section 2971.03 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifies that, had the offender completed the rape that was attempted, the offender would have been guilty of rape in violation of division (A)(1)(b) of section 2907.02 of the Revised Code and specifies that one of the following applies: (A) The victim was under ten years of age. (B) The offender attempted to commit rape by purposely compelling the victim to submit by force or threat of force, and the offender was sixteen years of age or older at the time of the commission of the offense. The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form: "SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code, and the victim was under ten years of age or the offender attempted to commit rape by purposely compelling the victim to submit by force or threat of force, and the offender was sixteen years of age or older at the time of the commission of the offense)."
Sec. 2941.1420. (A) Imposition of a mandatory indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment upon an offender pursuant to division (A)(3)(e)(iv) or (B)(2)(c) of section 2971.03 of the Revised Code is precluded unless the offender is convicted of or pleads guilty to attempted rape and unless the indictment, count in the indictment, or information charging the offense specifies that, had the offender completed the rape that was attempted, the offender would have been guilty of rape in violation of division (A)(1)(b) of section 2907.02 of the Revised Code, and any of the following apply: (1) The offender previously has been convicted of or pleaded guilty to one of the following:
(a) Attempted
rape and previously has been convicted of or pleaded guilty to a specification of the type described in this section or section 2941.1418 or 2941.1419 of the Revised Code; (b) Attempted rape under circumstances that are substantially similar to the circumstances described in this section or section 2941.1419 or 2941.1420 of the Revised Code; (c) A violation of an existing or former law of this state, another state, or the United States that is substantially similar to any of the offenses described in divisions (A)(1)(a) and (b) of this section. (2) The offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating a substantially similar existing or former law of this state, another state, or the United States. (3) The offender during or immediately after the commission of the offense caused serious physical harm to the victim. (B) The specification shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"SPECIFICATION (or, SPECIFICATION TO THE FIRST COUNT). The Grand Jurors (or insert the person's or the prosecuting attorney's name when appropriate) further find and specify that (set forth that, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code, and the offender previously has been convicted of or pleaded guilty to attempted rape and previously has been convicted of or pleaded guilty to a specification of the type described in this section or section 2941.1418 or 2941.1419 of the Revised Code, previously has been convicted of or pleaded guilty to attempted rape under circumstances that are substantially similar to the circumstances described in this section or section 2941.1419 or 2941.1420 of the Revised Code, or previously has been convicted of or pleaded guilty to violating a substantially similar existing or former law of this state, another state, or the United States; previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating a substantially similar existing or former law of this state, another state, or the United States; or the offender during or immediately after the commission of the offense caused serious physical harm to the victim)."
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise: (A) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26
of the Revised Code. (B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
to whom both
of the following apply: (1) The person is convicted of or pleads guilty to a
sexually oriented offense that is not a registration-exempt sexually oriented offense, or the person is adjudicated a
delinquent
child for committing on or after
January 1, 2002, a
sexually oriented offense that is not a registration-exempt sexually oriented offense, was
fourteen years of
age or older at
the time of committing the
offense, and is
classified a juvenile
sex offender registrant
based on
that
adjudication. (2) One of the following applies to the person: (a) Regarding a person who is an offender, the person
previously
was convicted of or pleaded
guilty to one or
more
sexually oriented offenses or child-victim oriented offenses
or
previously
was adjudicated a
delinquent
child for
committing one or more
sexually oriented
offenses or child-victim oriented offenses
and was
classified a
juvenile offender registrant or
out-of-state
juvenile
offender registrant based on one or more
of those
adjudications,
regardless of when the offense was
committed and
regardless of the
person's age at the time of
committing the
offense. (b) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more sexually oriented offenses or child-victim oriented offenses,
regardless of when the offense was committed and regardless of the
person's age at the time of committing the offense. (C) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code. (D) "Sexually oriented offense" means any
of the following: (1)
Any of
the
following
violations or offenses
committed by
a person
eighteen years of age or older: (a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the Revised
Code; (b) Any of the following offenses involving a minor, in
the
circumstances specified: (i) A violation of division (A)(4) of section 2905.01 or section 2907.04, 2907.06, or 2907.08 of the
Revised Code,
when the victim
of the offense is under eighteen
years of age; (ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age; (iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code; (iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code; (v) A violation of division (B)(5) of section 2919.22 of
the
Revised Code when the child who is involved in the offense is
under eighteen years of age; (vi) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, of section 2903.211, 2905.02, 2905.03, or 2905.05, or of former section 2905.04 of the Revised Code, when the victim of the offense is under eighteen years of age and the offense is committed with a sexual motivation. (c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a sexual motivation; (d) A violent sex offense, or a designated homicide, assault, or kidnapping offense if the offender also was convicted of or pleaded guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the designated homicide, assault, or kidnapping offense; (e) A violation of section 2907.06 or 2907.08 of the Revised Code when the victim of the offense is eighteen years of age or older, or a violation of section 2903.211 of the Revised Code when the victim of the offense is eighteen years of age or older and the offense is committed with a sexual motivation; (f) A violation of any former law of this state, any
existing or former municipal
ordinance
or law of another state or
the United States,
any existing or former law applicable in a
military court or
in an
Indian tribal court, or any existing or former law of any nation other than the United States, that
is or was
substantially equivalent to any
offense listed in
division
(D)(1)(a),
(b), (c),
(d), or (e) of this
section; (g) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(b), (c), (d),
(e), or (f) of this section. (2) An act committed by a person under eighteen years of age
that is
any of the following: (a)
Subject to
division (D)(2)(i) of this section,
regardless of the age of the
victim of the
violation, a violation
of section 2907.02, 2907.03,
2907.05, or 2907.07 of
the Revised Code; (b) Subject to division (D)(2)(i) of this section, any of
the following acts involving a minor in the circumstances
specified: (i) A violation of division (A)(4) of section 2905.01 or section 2907.06 or 2907.08 of the
Revised
Code,
when the
victim of the violation is under eighteen years of age; (ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age; (iii) A violation of division (B)(5) of section 2919.22 of
the Revised Code when the child who is involved in the violation
is under eighteen years of age; (iv) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, section 2903.211, or former section 2905.04 of the Revised Code, when the victim of the violation is under eighteen years of age and the offense is committed with a sexual motivation. (c) Subject to division (D)(2)(i) of this section, any
of the following: (i) Any violent sex offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(ii) Any designated homicide, assault, or kidnapping offense if that offense, if committed by an adult, would be a felony of the first, second, third, or fourth degree and if the court determined that, if the child was an adult, the child would be guilty of a sexual motivation specification regarding that offense.
(d) Subject to division (D)(2)(i) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
sexual motivation;
(e) Subject to division (D)(2)(i) of this section, a
violation of division (A)(1) or (3) of section 2907.321, division
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of
section 2907.323 of the Revised Code, or an attempt to violate any
of those divisions, if the person who violates or attempts to
violate the division is four or more years older than the minor
who is the victim of the
violation; (f) Subject to division (D)(2)(i) of this section, a violation of section 2907.06 or 2907.08 of the Revised Code when the victim of the violation is eighteen years of age or older, or a violation of section 2903.211 of the Revised Code when the victim of the violation is eighteen years of age or older and the offense is committed with a sexual motivation; (g) Subject to division (D)(2)(i) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
any existing or former law applicable in a military court or in
an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to
any offense listed in division (D)(2)(a), (b), (c), (d), (e), or (f) of
this section and that, if committed by an adult, would be a felony
of the first, second, third, or fourth degree; (h) Subject to division (D)(2)(i) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (D)(2)(a), (b), (c),
(d), (e), (f), or (g) of this section; (i) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (D)(1)(a), (b), (c), (d), (e),
(f), or (g) of this section or would be any offense listed in any
of those
divisions if committed by an adult. (E) "Sexual predator" means a person
to whom either of
the
following applies: (1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense that is not a registration-exempt sexually oriented offense and is likely to engage
in
the future in one or more sexually oriented offenses. (2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense that is not a registration-exempt sexually oriented offense, was fourteen years of age
or older at
the time of committing the offense, was classified a
juvenile
offender registrant based on that adjudication, and
is
likely to engage in the future in one or more sexually oriented
offenses. (F) "Supervised release" means a release
of an offender from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions: (1) The release is on parole, a conditional pardon,
under a community control sanction, under transitional
control, or under a post-release
control sanction, and it requires
the person to report to or be
supervised by a parole officer,
probation officer, field officer,
or another type of supervising
officer. (2) The release is any type of release that is not described
in division (F)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer. (G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
or "adjudicated a sexual predator" if any of
the following applies
and if, regarding a delinquent child, that
status has not been removed
pursuant to section 2152.84, 2152.85,
or 2950.09 of the Revised
Code: (1) The offender is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is not a registration-exempt sexually oriented offense, the and any of the following apply: (a) The sexually oriented offense is a violent sex offense or a designated homicide, assault, or kidnapping offense, and the offender is adjudicated a sexually violent predator in relation to that offense. (b) The sexually oriented offense is a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment, and either the offender is sentenced under section 2971.03 of the Revised Code or a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code. (c) The sexually oriented offense is attempted rape committed on or after the effective date of this amendment, and the offender also was convicted of or pleaded guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code. (2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense that is not a registration-exempt sexually oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.09 of the
Revised Code that the offender is a sexual predator. (3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense that is not a registration-exempt sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has been
classified a juvenile offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to
section
2152.82, 2152.83,
2152.84,
or
2152.85
of
the
Revised
Code that the
delinquent child
is a
sexual
predator. (4) Prior to January 1, 1997, the offender was convicted
of
or pleaded guilty to, and was sentenced for, a sexually
oriented
offense that is not a registration-exempt sexually oriented offense, the offender is imprisoned in a state
correctional
institution on or after January 1, 1997, and the
court determines
pursuant to division (C) of section 2950.09 of
the Revised Code
that the offender is a sexual predator. (5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
has been convicted of or pleaded guilty to,
or
is adjudicated a
delinquent child for committing a sexually
oriented offense that is not a registration-exempt sexually oriented offense in
another state, in a federal court, military
court, or Indian
tribal court, or in a court in any nation other than the United States, as a result of that conviction,
plea of guilty,
or adjudication, the offender
or delinquent
child
is required,
under the law of the jurisdiction in which the
offender was
convicted or pleaded guilty
or the delinquent child
was
adjudicated, to register as a sex offender until the
offender's
or
delinquent child's death, and, on or after July 1, 1997,
for offenders or
January 1, 2002, for
delinquent children, the
offender
or
delinquent
child moves to and
resides in this state or
temporarily
is
domiciled in this state
for more than five days or the offender is required under section 2950.04 of the Revised Code to register a school, institution of higher education, or place of employment address in this state,
unless a
court
of common pleas
or
juvenile court determines that
the
offender
or delinquent
child
is
not a sexual predator pursuant
to
division (F) of section
2950.09
of the Revised Code. (H) "Sexually violent predator specification," "sexually
violent offense," "sexual motivation specification," "designated homicide, assault, or kidnapping offense," and "violent sex offense" have the same meanings as in section 2971.01 of
the Revised Code. (I) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code. (J) "Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, who
is fourteen years of age
or older at the
time of committing the
offense, and who a juvenile
court judge,
pursuant to an order
issued under section 2152.82,
2152.83,
2152.84, or 2152.85 of the
Revised Code, classifies
a
juvenile
offender registrant and
specifies has a duty to
comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code if the child committed a sexually oriented offense or with sections 2950.041, 2950.05, and 2950.06 of the Revised Code if the child committed a child-victim oriented offense. "Juvenile offender registrant" includes a person who, prior to July 31, 2003, was a "juvenile sex offender registrant" under the former definition of that former term. (K) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
locked and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision. (L) "Out-of-state juvenile offender registrant" means a
person who is adjudicated a delinquent child in a court in another state, in a federal court,
military court, or Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, who on or after
January 1,
2002, moves to and
resides in this
state or temporarily is
domiciled in this state
for more than
five days, and who has a duty under
section 2950.04 of the
Revised Code to register in this
state and the duty to otherwise comply with that section and sections 2950.05 and 2950.06 of the Revised Code if the child committed a sexually oriented offense or has a duty under section 2950.041 of the Revised Code to register in this state and the duty to otherwise comply with that section and sections 2950.05 and 2950.06 of the Revised Code if the child committed a child-victim oriented offense. "Out-of-state juvenile offender registrant" includes a person who, prior to July 31, 2003, was an "out-of-state juvenile sex offender registrant" under the former definition of that former term.
(M) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(N) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense. (O) "Aggravated sexually oriented offense" means a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after June 13, 2002, or a violation of division (A)(2) of that section committed on or after July 31, 2003. (P)(1) "Presumptive registration-exempt sexually oriented offense" means any of the following sexually oriented offenses described in division (P)(1)(a), (b), (c), (d), or (e) of this section, when the offense is committed by a person who previously has not been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section, any other sexually oriented offense, or any child-victim oriented offense and when the victim or intended victim of the offense is eighteen years of age or older: (a) Any sexually oriented offense listed in division (D)(1)(e) or (D)(2)(f) of this section committed by a person who is eighteen years of age or older or, subject to division (P)(1)(e) of this section, committed by a person who is under eighteen years of age;
(b) Any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is committed by a person who is eighteen years of age or older and that is or was substantially equivalent to any sexually oriented offense listed in division (P)(1)(a) of this section;
(c) Subject to division (P)(1)(e) of this section, any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is committed by a person who is under eighteen years of age, that is or was substantially equivalent to any sexually oriented offense listed in division (P)(1)(a) of this section, and that would be a felony of the fourth degree if committed by an adult;
(d) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (P)(1)(a) or (b) of this section if the person is eighteen years of age or older or, subject to division (P)(1)(e) of this section, listed in division (P)(1)(a) or (c) of this section if the person is under eighteen years of age.
(e) Regarding an act committed by a person under eighteen years of age, if the child's case has been transferred for criminal prosecution under section 2152.12 of the Revised Code, the act is any sexually oriented offense listed in division (P)(1)(a), (b), or (d) of this section.
(2) "Presumptive registration-exempt sexually oriented offense" does not include any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section that is committed by a person who previously has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing any sexually oriented offense described in division (P)(1)(a), (b), (c), (d), or (e) of this section or any other sexually oriented offense.
(Q)(1) "Registration-exempt sexually oriented offense" means any presumptive registration-exempt sexually oriented offense, if a court does not issue an order under section 2950.021 of the Revised Code that removes the presumptive exemption and subjects the offender who was convicted of or pleaded guilty to the offense to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are convicted of or plead guilty to any sexually oriented offense other than a presumptive registration-exempt sexually oriented offense or that removes the presumptive exemption and potentially subjects the child who was adjudicated a delinquent child for committing the offense to classification as a juvenile offender registrant under section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to registration under section 2950.04 of the Revised Code and all other duties and responsibilities generally imposed under this chapter upon persons who are adjudicated delinquent children for committing a sexually oriented offense other than a presumptive registration-exempt sexually oriented offense.
(2) "Registration-exempt sexually oriented offense" does not include a presumptive registration-exempt sexually oriented offense if a court issues an order under section 2950.021 of the Revised Code that removes the presumptive exemption and subjects the offender or potentially subjects the delinquent child to the duties and responsibilities described in division (Q)(1) of this section. (R)
"School" and "school premises" have the same meanings as in section 2925.01 of the Revised Code. (S)(1) "Child-victim oriented offense" means any of the following:
(a) Subject to division (S)(2) of this section, any of the following violations or offenses committed by a person eighteen years of age or older, when the victim of the violation is under eighteen years of age and is not a child of the person who commits the violation:
(i) A violation of division (A)(1), (2), (3), or (5) of section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of former section 2905.04 of the Revised Code;
(ii) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (S)(1)(a)(i) of this section;
(iii) An attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (S)(1)(a)(i) or (ii) of this section.
(b) Subject to division (S)(2) of this section, an act committed by a person under eighteen years of age that is any of the following, when the victim of the violation is under eighteen years of age and is not a child of the person who commits the violation:
(i) Subject to division (S)(1)(b)(iv) of this section, a violation of division (A)(1), (2), (3), or (5) of section 2905.01 or of former section 2905.04 of the Revised Code;
(ii) Subject to division (S)(1)(b)(iv) of this section, any violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (S)(1)(b)(i) of this section and that, if committed by an adult, would be a felony of the first, second, third, or fourth degree;
(iii) Subject to division (S)(1)(b)(iv) of this section, any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (S)(1)(b)(i) or (ii) of this section;
(iv) If the child's case has been transferred for criminal prosecution under section 2152.12 of the Revised Code, the act is any violation listed in division (S)(1)(a)(i), (ii), or (iii) of this section or would be any offense listed in any of those divisions if committed by an adult.
(2) "Child-victim oriented offense" does not include any offense identified in division (S)(1)(a) or (b) of this section that is a sexually violent offense. An offense identified in division (S)(1)(a) or (b) of this section that is a sexually violent offense is within the definition of a sexually oriented offense.
(T)(1) "Habitual child-victim offender" means, except when a juvenile judge removes this classification pursuant to division (A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of the Revised Code, a person to whom both of the following apply:
(a) The person is convicted of or pleads guilty to a child-victim oriented offense, or the person is adjudicated a delinquent child for committing on or after January 1, 2002, a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, and is classified a juvenile offender registrant based on that adjudication.
(b) One of the following applies to the person:
(i) Regarding a person who is an offender, the person previously was convicted of or pleaded guilty to one or more child-victim oriented offenses or previously was adjudicated a delinquent child for committing one or more child-victim oriented offenses and was classified a juvenile offender registrant or out-of-state juvenile offender registrant based on one or more of those adjudications, regardless of when the offense was committed and regardless of the person's age at the time of committing the offense.
(ii) Regarding a delinquent child, the person previously was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing one or more child-victim oriented offenses, regardless of when the offense was committed and regardless of the person's age at the time of committing the offense.
(2) "Habitual child-victim offender" includes a person who has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and who, on and after July 31, 2003, is automatically classified a habitual child-victim offender pursuant to division (E) of section 2950.091 of the Revised Code.
(U) "Child-victim predator" means a person to whom either of the following applies:
(1) The person has been convicted of or pleaded guilty to committing a child-victim oriented offense and is likely to engage in the future in one or more child-victim oriented offenses.
(2) The person has been adjudicated a delinquent child for committing a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, was classified a juvenile offender registrant based on that adjudication, and is likely to engage in the future in one or more child-victim oriented offenses.
(V) An offender or delinquent child is "adjudicated as being a child-victim predator" or "adjudicated a child-victim predator" if any of the following applies and if, regarding a delinquent child, that status has not been removed pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised Code:
(1) The offender or delinquent child has been convicted of, pleaded guilty to, or adjudicated a delinquent child for committing, a child-victim oriented offense and, on and after July 31, 2003, is automatically classified a child-victim predator pursuant to division (A) of section 2950.091 of the Revised Code.
(2) Regardless of when the child-victim oriented offense was committed, on or after July 31, 2003, the offender is sentenced for a child-victim oriented offense, and the sentencing judge determines pursuant to division (B) of section 2950.091 of the Revised Code that the offender is a child-victim predator.
(3) The delinquent child is adjudicated a delinquent child for committing a child-victim oriented offense, was fourteen years of age or older at the time of committing the offense, and has been classified a juvenile offender registrant based on that adjudication, and the adjudicating judge or that judge's successor in office determines pursuant to division (B) of section 2950.09 or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that the delinquent child is a child-victim predator.
(4) Prior to July 31, 2003, the offender was convicted of or pleaded guilty to a child-victim oriented offense, at the time of the conviction or guilty plea, the offense was considered a sexually oriented offense, on or after July 31, 2003, the offender is serving a term of imprisonment in a state correctional institution, and the court determines pursuant to division (C) of section 2950.091 of the Revised Code that the offender is a child-victim predator.
(5) Regardless of when the child-victim oriented offense was committed, the offender or delinquent child is convicted, pleads guilty, has been convicted, pleaded guilty, or adjudicated a delinquent child in a court in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a child-victim oriented offense, as a result of that conviction, plea of guilty, or adjudication, the offender or delinquent child is required under the law of the jurisdiction in which the offender was convicted or pleaded guilty or the delinquent child was adjudicated, to register as a child-victim offender or sex offender until the offender's or delinquent child's death, and, on or after July 1, 1997, for offenders or January 1, 2002, for delinquent children the offender or delinquent child moves to and resides in this state or temporarily is domiciled in this state for more than five days or the offender is required under section 2950.041 of the Revised Code to register a school, institution of higher education, or place of employment address in this state, unless a court of common pleas or juvenile court determines that the offender or delinquent child is not a child-victim predator pursuant to division (F) of section 2950.091 of the Revised Code.
(W) "Residential premises" means the building in which a residential unit is located and the grounds upon which that building stands, extending to the perimeter of the property. "Residential premises" includes any type of structure in which a residential unit is located, including, but not limited to, multi-unit buildings and mobile and manufactured homes.
(X) "Residential unit" means a dwelling unit for residential use and occupancy, and includes the structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or two or more persons who maintain a common household. "Residential unit" does not include a halfway house or a community-based correctional facility.
(Y) "Multi-unit building" means a building in which is located more than twelve residential units that have entry doors that open directly into the unit from a hallway that is shared with one or more other units. A residential unit is not considered located in a multi-unit building if the unit does not have an entry door that opens directly into the unit from a hallway that is shared with one or more other units or if the unit is in a building that is not a multi-unit building as described in this division. (Z) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(AA) "Halfway house" and "community-based correctional facility" have the same meanings as in section 2929.01 of the Revised Code.
(BB) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section.
Sec. 2950.09. (A) If a person is convicted of or pleads
guilty to committing, on or after January 1, 1997, a sexually
oriented offense that is not a registration-exempt sexually oriented offense, and if the sexually oriented offense is a violent sex offense or a designated homicide, assault, or kidnapping offense and the offender is adjudicated a sexually violent predator
in relation to that offense,
the conviction of or plea of guilty to the offense and the adjudication as a sexually violent predator
automatically classifies the offender as a sexual predator for
purposes of this chapter. If a person is convicted of or pleads guilty to committing on or after the effective date of this amendment a sexually oriented offense that is a violation of division (A)(1)(b) of section 2907.02 of the Revised Code and if either the person is sentenced under section 2971.03 of the Revised Code, or the court imposes upon the offender a sentence of life without parole under division (B) of section 2907.02 of the Revised Code, the conviction of or plea of guilty to the offense automatically classifies the offender as a sexual predator for purposes of this chapter. If a person is convicted of or pleads guilty to committing on or after the effective date of this amendment attempted rape and also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the conviction of or plea of guilty to the offense and the specification automatically classify the offender as a sexual predator for purposes of this chapter. If a person is convicted, pleads
guilty, or is
adjudicated a delinquent child, in a court in another state, in a federal court,
military court,
or Indian tribal court, or in a court of any nation other than the United States for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense, and if, as a result of
that conviction,
plea of guilty,
or adjudication, the person is
required, under the
law of the jurisdiction in which the person
was convicted, pleaded
guilty,
or was adjudicated, to register
as
a sex offender until
the person's death, that
conviction, plea of
guilty, or adjudication
automatically
classifies the
person as a
sexual predator
for the purposes of
this chapter, but the
person
may
challenge that classification
pursuant to division (F) of this
section. In all other cases, a
person who is convicted of or
pleads guilty to,
has been
convicted of or pleaded guilty to,
or
is adjudicated a delinquent
child for committing,
a sexually
oriented offense may be
classified as a sexual predator
for
purposes of this chapter only
in accordance with division (B)
or
(C) of this section
or,
regarding delinquent children, divisions
(B) and (C) of section
2152.83 of the Revised Code. (B)(1)(a)
The judge who is to impose sentence on a person who
is
convicted of or pleads guilty to a sexually oriented offense that is not a registration-exempt sexually oriented offense
shall
conduct a hearing to
determine whether the
offender
is a
sexual
predator if
any of the
following
circumstances
apply: (i) Regardless of when the sexually oriented offense was
committed,
the offender is to be sentenced on or after
January
1,
1997, for a sexually oriented offense that is not a registration-exempt sexually oriented offense and that is not a
sexually
violent offense. (ii) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after January 1,
1997, for a sexually oriented offense that is not a registration-exempt sexually oriented offense, and that is not a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment for which sentence is imposed under section 2971.03 of the Revised Code or for which a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code, and that is not attempted rape committed on or after the effective date of this amendment when the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, and either of the following applies: the sexually oriented offense is a violent sex
offense other than a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment and other than attempted rape committed on or after that date when the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, and a sexually violent predator specification was not
included in the indictment, count in the indictment, or
information charging the violent sex offense; or the sexually oriented offense is a designated homicide, assault, or kidnapping offense and either a sexual motivation specification or a sexually violent predator specification, or both such specifications, were not included in the indictment, count in the indictment, or information charging the designated homicide, assault, or kidnapping offense.
(iii) Regardless of when the sexually oriented offense was
committed, the offender is to be sentenced on or after May 7,
2002, for a sexually oriented offense that is not a registration-exempt sexually oriented offense, and that offender was
acquitted of a sexually violent predator specification that was
included in the indictment, count in the indictment, or
information charging the sexually oriented offense. (b) The
judge who is to impose or has
imposed an order of
disposition upon a child who is adjudicated a
delinquent child for
committing on or after January 1, 2002, a
sexually oriented
offense that is not a registration-exempt sexually oriented offense shall conduct a hearing as provided in
this division to
determine whether the child is to be classified
as a sexual
predator if either of the following applies: (i) The judge is required by
section 2152.82 or division
(A) of
section 2152.83 of the Revised Code
to classify the
child a
juvenile offender registrant. (ii) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile offender registrant. (2)
Regarding an offender, the judge shall conduct the
hearing
required by division (B)(1)(a) of this section
prior to
sentencing
and, if the
sexually oriented offense
for which sentence is to be imposed is a felony
and
if the
hearing is being
conducted under division
(B)(1)(a)
of this
section, the
judge may conduct it as part
of the
sentencing
hearing required by
section 2929.19 of the
Revised
Code.
Regarding
a delinquent child, the judge may conduct the
hearing required by
division (B)(1)(b) of this section at the same
time as, or
separate from, the dispositional hearing, as specified
in the
applicable provision of section 2152.82 or 2152.83 of the
Revised
Code. The
court shall give the
offender
or delinquent
child and
the
prosecutor who prosecuted the
offender
or handled
the case
against
the delinquent child for the
sexually oriented
offense
notice of
the date, time, and location
of the hearing. At
the
hearing, the
offender
or delinquent child
and the prosecutor
shall
have an
opportunity to testify, present
evidence, call and
examine
witnesses and expert witnesses, and
cross-examine
witnesses and
expert witnesses regarding the
determination as to
whether the
offender
or delinquent child is a
sexual predator.
The
offender
or
delinquent child shall have the
right to be
represented by counsel
and, if indigent, the right to
have counsel
appointed to represent
the offender
or delinquent
child. (3) In making a determination under divisions (B)(1) and
(4)
of this section as to whether an offender
or delinquent
child is a
sexual predator, the judge shall consider all relevant
factors,
including, but not limited to, all of the following: (a) The offender's
or delinquent child's age; (b) The offender's
or delinquent child's prior criminal
or
delinquency record regarding all offenses, including, but not
limited to, all sexual offenses; (c) The age of the victim of the sexually oriented offense
for which sentence is to be imposed
or the order of disposition is
to be made; (d) Whether the sexually oriented offense for which sentence
is to be imposed
or the order of disposition is to be made
involved multiple victims; (e) Whether the offender
or delinquent child used drugs or
alcohol to impair the victim of the sexually oriented offense or
to prevent the victim from resisting; (f) If the offender
or delinquent child previously has been
convicted of or pleaded guilty to, or been
adjudicated a
delinquent child for committing an act that if committed by an
adult would be, a criminal offense, whether the offender
or
delinquent child completed any sentence
or dispositional order
imposed for the prior offense
or act and, if the prior offense
or
act was a sex offense or a sexually oriented offense, whether the
offender
or delinquent child participated in available programs
for sexual offenders; (g) Any mental illness or mental disability of the offender
or delinquent child; (h) The nature of the offender's
or delinquent child's
sexual conduct, sexual contact, or interaction in a sexual context
with the victim of the sexually oriented offense and whether the
sexual conduct, sexual contact, or interaction in a sexual context
was part of a demonstrated pattern of abuse; (i) Whether the offender
or delinquent child, during the
commission of the sexually oriented offense for which sentence is
to be imposed
or the order of disposition is to be made, displayed
cruelty or made one or more threats of cruelty; (j) Any additional behavioral characteristics that
contribute to the offender's
or delinquent child's conduct. (4) After reviewing all testimony and evidence presented
at
the hearing conducted under division (B)(1) of this section and
the factors specified in division (B)(3) of this section, the
court shall determine by clear and convincing evidence
whether the
subject offender
or delinquent child is a sexual
predator. If
the
court determines that the
subject offender
or delinquent child
is
not a sexual predator, the
court
shall specify in the
offender's
sentence and the judgment of
conviction that contains
the sentence
or in the delinquent child's
dispositional order, as
appropriate,
that the
court has
determined that the offender
or delinquent
child is not a sexual
predator and the reason or reasons why the court determined that the subject offender or delinquent child is not a sexual predator. If the
court
determines by clear
and convincing
evidence that the
subject offender
or
delinquent
child is a sexual
predator, the
court shall
specify in the
offender's sentence
and the judgment of conviction
that contains
the sentence
or in
the delinquent child's dispositional
order, as
appropriate, that
the
court has determined that
the offender
or
delinquent
child is a sexual predator and shall
specify that the
determination was pursuant to division (B) of
this section.
In any
case in which the sexually oriented offense in question is an
aggravated sexually oriented offense, the court shall specify in the
offender's sentence and the judgment of conviction that contains
the sentence that the offender's offense is an aggravated sexually
oriented offense. The
offender
or delinquent child and the
prosecutor
who prosecuted the
offender
or handled the case against
the delinquent child for the
sexually
oriented offense in question
may appeal as a matter of
right the
court's determination under
this division as to
whether
the offender
or delinquent child is,
or is not, a sexual
predator. (5) A hearing shall not be conducted under division (B)
of
this section regarding an offender if the any of the following applies: (a) 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. (b) The sexually oriented offense in question is a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment, and either the offender is sentenced under section 2971.03 of the Revised Code, or a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code. (c) The sexually oriented offense in question is attempted rape committed on or after the effective date of this amendment, and the offender also was convicted of or pleaded guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code. (C)(1) If a person was convicted of or pleaded guilty to a
sexually oriented offense that is not a registration-exempt sexually oriented offense prior to January 1, 1997, if the person
was not sentenced for the offense on or after January 1, 1997, and
if, on or after January 1, 1997, the offender is serving a term of
imprisonment in a state correctional institution, the department
of rehabilitation and correction shall do whichever of the following is applicable: (a) If the sexually oriented offense was an offense described in division (D)(1)(c) of section 2950.01 of the Revised Code or was a violent sex offense, the department shall notify the court that sentenced the offender of this fact, and the court shall conduct a hearing to determine whether the offender is a sexual predator. (b) If division (C)(1)(a) of this section does not apply, the department shall determine whether to
recommend that the offender be adjudicated a sexual
predator. In making a determination under this division as to
whether to recommend that the offender be adjudicated a
sexual predator, the department shall consider all relevant
factors, including, but not limited to, all of the factors
specified in divisions (B)(2) and (3) of this section. If the department
determines that it will recommend that the offender be adjudicated
a sexual predator, it immediately shall send the
recommendation to the court that sentenced the offender. If the department determines that it will not recommend that the offender be adjudicated a sexual predator, it immediately shall send its determination to the court that sentenced the offender. In all cases, the department shall
enter its determination and recommendation in the offender's
institutional record, and the court shall proceed in accordance
with division (C)(2) of this section. (2)(a) If the department of rehabilitation and correction sends to a court a notice under division (C)(1)(a) of this section, the court shall conduct a hearing to determine whether the subject offender is a sexual predator. If, pursuant to division (C)(1)(b) of this section, the
department sends to a court a
recommendation that an offender be adjudicated a sexual predator, the court is not bound by the
department's recommendation, and the court shall conduct a hearing
to determine whether the offender is a sexual predator. In any case, the court
shall not make a
determination as to whether the offender is, or is not, a sexual predator
without a hearing. The court may hold the hearing and make the
determination prior to the offender's release from imprisonment or
at any time within one year following the offender's release from
that imprisonment. (b) If, pursuant to division (C)(1)(b) of this section, the department sends to the court a determination that it is not recommending that an offender be adjudicated a sexual predator, the court shall not make any determination as to whether the offender is, or is not, a sexual predator but shall
determine whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense other than the
offense in relation to which the department made its determination or previously has been convicted of or pleaded guilty to a child-victim oriented offense. The court may conduct a hearing to determine whether the
offender previously has been convicted of or pleaded guilty to a
sexually oriented offense or a child-victim oriented offense but may make the determination without a hearing. However, if the court
determines that the offender previously has been convicted of or
pleaded guilty to such an offense, it shall not impose a
requirement that the offender be subject to the community
notification provisions contained in sections 2950.10 and 2950.11 of
the Revised Code without a hearing. In determining whether to impose the community notification requirement, the court, in the circumstances described in division (E)(2) of this section, shall apply the presumption specified in that division. The court shall include in the offender's
institutional record any determination made under this division as
to whether the offender previously has been convicted of or
pleaded guilty to a sexually oriented offense or child-victim oriented offense, and, as such,
whether the offender is a habitual sex offender. (c) Upon scheduling a hearing under division
(C)(2)(a) or (b) of this section, the court shall give the offender and
the prosecutor who prosecuted the offender for the sexually
oriented offense, or that prosecutor's successor in office, notice
of the date, time, and place of the hearing. If the hearing is scheduled under division (C)(2)(a) of this section to
determine whether the offender is a sexual predator, the prosecutor who is given the notice may contact the department of rehabilitation and correction and request that the department provide to the prosecutor all information the department possesses regarding the offender that is relevant and necessary for use in making the determination as to whether the offender is a sexual predator and that is not privileged or confidential under law. If the prosecutor makes a request for that information, the department promptly shall provide to the prosecutor all information the department possesses regarding the offender that is not privileged or confidential under law and that is relevant and necessary for making that determination. A hearing scheduled under division (C)(2)(a) of this section to determine whether the offender is a sexual predator shall be
conducted in the manner described in division (B)(1) of this
section regarding hearings conducted under that division and, in
making a determination under this division as to whether the
offender is a sexual predator, the court shall consider all
relevant factors, including, but not limited to, all of the
factors specified in divisions (B)(2) and (3) of this section. After
reviewing all testimony and evidence presented at the sexual
predator hearing and the factors specified in divisions (B)(2) and (3) of
this section, the court shall determine by clear and convincing
evidence whether the offender is a sexual predator. If the court
determines at the sexual predator hearing that the offender is not a sexual predator, it also
shall determine whether the offender previously has been convicted
of or pleaded guilty to a sexually oriented offense other than the
offense in relation to which the hearing is being conducted. Upon making its determinations at the sexual predator hearing, the court
shall proceed as follows: (i) If the court determines that the offender is
not a sexual predator and that the offender previously has not
been convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted and previously has not been convicted of or pleaded guilty to a child-victim oriented offense, it shall include in the offender's
institutional record its determinations and the reason or reasons why it determined that the offender is not a sexual predator. (ii) If the court determines that the offender
is not a sexual predator but that the offender previously has been
convicted of or pleaded guilty to a sexually oriented offense
other than the offense in relation to which the hearing is being
conducted or previously has been convicted of or pleaded guilty to a child-victim oriented offense, it shall include in the
offender's institutional record its determination that the offender is not a sexual predator but is a habitual sex offender and the reason or reasons why it determined that the offender is not a sexual predator, shall attach the determinations and the reason or reasons
to the offender's sentence, shall specify that the determinations
were pursuant to division (C) of this section, shall provide a
copy of the determinations and the reason or reasons to the offender, to the prosecuting
attorney, and to the department of rehabilitation and correction,
and may impose a requirement that the offender be subject to the
community notification provisions contained in sections 2950.10 and 2950.11 of
the Revised Code. In determining whether to impose the community notification requirements, the court, in the circumstances described in division (E)(2) of this section, shall apply the presumption specified in that division. The offender shall not be subject to those
community notification provisions relative to the sexually
oriented offense in question if the court does not so impose the
requirement described in this division. If the court imposes
that requirement, the offender may appeal
the judge's determination that the offender is a habitual sex
offender. (iii) If the court determines by clear and
convincing evidence that the offender is a sexual predator, it
shall enter its determination in the offender's institutional
record, shall attach the determination to the offender's sentence,
shall specify that the determination was pursuant to division (C)
of this section, and shall provide a copy of the determination to
the offender, to the prosecuting attorney, and to the department
of rehabilitation and correction. The offender and the prosecutor
may appeal as a matter of right the judge's determination under
divisions (C)(2)(a) and (c) of this section as to whether the offender is, or is not, a sexual
predator. If the hearing is scheduled under division (C)(2)(b) of this section to determine whether the offender previously has been convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense or whether to subject the offender to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code, upon making the determination, the court shall attach the determination or determinations to the offender's sentence, shall provide a copy to the offender, to the prosecuting attorney, and to the department of rehabilitation and correction and may impose a requirement that the offender be subject to the community notification provisions. In determining whether to impose the community notification requirements, the court, in the circumstances described in division (E)(2) of this section, shall apply the presumption specified in that division. The offender shall not be subject to the community notification provisions relative to the sexually oriented offense in question if the court does not so impose the requirement described in this division. If the court imposes that requirement, the offender may appeal the judge's determination that the offender is a habitual sex offender. (3) The changes made in divisions (C)(1) and (2) of this section that take effect on July 31, 2003, do not require a court to conduct a new hearing under those divisions for any offender regarding a sexually oriented offense if, prior to July 31, 2003, the court previously conducted a hearing under those divisions regarding that offense to determine whether the offender was a sexual predator. The changes made in divisions (C)(1) and (2) of this section that take effect on July 31, 2003, do not require a court to conduct a hearing under those divisions for any offender regarding a sexually oriented offense if, prior to July 31, 2003, and pursuant to those divisions, the department of rehabilitation and correction recommended that the offender be adjudicated a sexual predator regarding that offense, and the court denied the recommendation and determined that the offender was not a sexual predator without a hearing, provided that this provision does not apply if the sexually oriented offense in question was an offense described in division (D)(1)(c) of section 2950.01 of the Revised Code. (D)(1)
Division (D)(1) of this section does not apply to
any person who
has been convicted of or pleaded guilty to a sexually
oriented
offense. Division (D) of this section applies only to delinquent children as provided in Chapter 2152. of
the
Revised Code. A person who has been adjudicated
a delinquent
child for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense and
who has been
classified by a juvenile court judge a juvenile
offender
registrant or, if applicable, additionally has been
determined by
a juvenile court judge to be a sexual predator or
habitual sex
offender, may petition the adjudicating court for a
reclassification or declassification pursuant to section 2152.85
of the Revised Code. A judge who is reviewing a sexual predator determination for a delinquent child under section 2152.84 or 2152.85 of the Revised Code shall comply with this section. At the hearing, the judge shall consider all relevant
evidence and
information, including, but not limited to, the
factors set forth
in division (B)(3) of this section. The
judge
shall not
enter a determination
that the
delinquent child no
longer is a sexual
predator unless the
judge
determines by clear
and convincing
evidence that the
delinquent child is
unlikely to
commit a
sexually oriented offense in the
future. If
the judge
enters a
determination under this division
that the
delinquent child no longer is a
sexual predator, the judge shall
notify
the bureau of criminal
identification and investigation of the
determination and shall include in the notice a statement of the reason or reasons why it determined that the delinquent child no longer is a sexual predator. Upon receipt of the
notification, the bureau
promptly shall notify the sheriff with
whom the delinquent child most
recently registered under section 2950.04
or
2950.05 of the
Revised Code of the determination that the
delinquent child no longer is
a sexual predator. (2) If an offender
who has been convicted of or pleaded guilty to a sexually oriented offense is classified
a sexual predator pursuant to division (A) of
this section or has been adjudicated a sexual predator relative to the offense as described in division (B) or (C) of this section, subject to division (F) of this section, the
classification or adjudication of the offender as a sexual
predator is permanent and continues in effect until the offender's death and in no case shall the classification or adjudication be removed or terminated. (E)(1) If a person is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is not a registration-exempt sexually oriented offense, the judge who is to impose
sentence on the offender shall
determine, prior to sentencing, whether the offender
previously
has been convicted of or pleaded guilty to, or adjudicated a
delinquent child for committing, a sexually oriented
offense or a child-victim oriented offense
and
is a habitual sex
offender. The judge who is to impose or has
imposed an order of
disposition upon a child who is adjudicated a
delinquent child for
committing on or after January 1, 2002, a
sexually oriented
offense that is not a registration-exempt sexually oriented offense shall
determine, prior to entering the
order classifying
the delinquent
child a juvenile offender
registrant,
whether
the delinquent
child previously has been
convicted of or pleaded
guilty to, or adjudicated a
delinquent
child for
committing, a
sexually oriented offense or a child-victim oriented offense
and is a
habitual sex offender,
if either of the following applies: (a) The judge is required by section 2152.82 or division
(A)
of section 2152.83 of the Revised Code to classify the child a
juvenile offender registrant; (b) Division (B) of section 2152.83 of the Revised Code
applies regarding the child, the judge conducts a hearing under
that division for the purposes described in that division, and the
judge determines at that hearing that the child will be classified
a juvenile offender registrant. (2) If, under division (E)(1) of this section,
the judge
determines that the
offender
or delinquent child previously has
not been
convicted of or pleaded guilty to, or been
adjudicated a
delinquent child for
committing, a sexually oriented
offense or a child-victim oriented offense
or
that the offender otherwise does not satisfy the
criteria for
being a habitual sex offender, the
judge shall
specify in
the
offender's
sentence
or in the
order classifying the
delinquent
child a juvenile offender registrant that the
judge
has
determined that the offender
or delinquent child is not
a
habitual
sex offender. If, under division (E)(1) of this section, the judge determines that the
offender
or
delinquent child
previously has been convicted of or
pleaded
guilty to, or been
adjudicated a delinquent child for
committing,
a sexually oriented
offense or a child-victim oriented offense
and that the offender
satisfies all
other criteria for being a habitual sex offender,
the offender or delinquent child is a habitual sex offender or habitual child-victim offender and the court shall determine whether to impose a requirement that the offender or delinquent child be subject to the community notification provisions contained in sections 2950.10 and 2950.11 of the Revised Code. In making the determination regarding the possible imposition of the community notification requirement, if at least two of the sexually oriented offenses or child-victim oriented offenses that are the basis of the habitual sex offender or habitual child-victim offender determination were committed against a victim who was under eighteen years of age, it is presumed that subjecting the offender or delinquent child to the community notification provisions is necessary in order to comply with the determinations, findings, and declarations of the general assembly regarding sex offenders and child-victim offenders that are set forth in section 2950.02 of the Revised Code. When a judge determines as described in this division that an offender or delinquent child is a habitual sex offender or a habitual child-victim offender, the judge shall
specify
in the offender's sentence and
the
judgment of conviction
that
contains the sentence
or in the
order
classifying the
delinquent child a juvenile offender
registrant that the judge
has
determined that the offender
or
delinquent child is a habitual
sex
offender and may impose a
requirement in that sentence and
judgment of conviction
or in that
order that the
offender
or
delinquent child be
subject to the
community
notification
provisions
contained in
sections 2950.10
and 2950.11 of
the Revised Code.
Unless the
habitual sex offender
also has been
adjudicated a sexual
predator relative to
the sexually
oriented offense
in question
or the habitual sex offender was
convicted of or pleaded guilty to an aggravated sexually oriented
offense,
the offender
or
delinquent child
shall
be subject
to
those
community
notification provisions
only
if the court
imposes
the
requirement described in this division
in
the
offender's
sentence
and the judgment of conviction
or in
the
order
classifying the
delinquent child a juvenile offender
registrant. If the court determines pursuant to this division or division (C)(2) of this section that an offender is a habitual sex offender, the determination is permanent and continues in effect until the offender's death, and in no case shall the determination be removed or terminated. If a court in another state, a federal court, military court, or Indian tribal court, or a court in any nation other than the United States determines a person to be a habitual sex offender in that jurisdiction, the person is considered to be determined to be a habitual sex offender in this state. If the court in the other state, the federal court, military court, or Indian tribal court, or the court in the nation other than the United States subjects the habitual sex offender to community notification regarding the person's place of residence, the person, as much as is practicable, is subject to the community notification provisions regarding the person's place of residence that are contained in sections 2950.10 and 2950.11 of the Revised Code, unless the court that so subjected the person to community notification determines that the person no longer is subject to community notification. (F)(1) An offender
or delinquent child classified as a
sexual predator may petition the court of common pleas
or, for a
delinquent child, the juvenile court of the
county in which the
offender
or delinquent child resides or
temporarily is domiciled
to enter a determination that the
offender
or delinquent child is
not an adjudicated sexual predator
in this state for purposes of
the registration and other
requirements of this chapter or the
community notification
provisions contained in sections 2950.10
and 2950.11 of the
Revised Code if all of the following apply: (a) The offender
or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing, a sexually oriented offense that is not a registration-exempt sexually oriented offense in another state, in a
federal court, a military court, or Indian tribal court, or in a court of any nation other than the United States. (b) As a result of the conviction, plea of guilty, or
adjudication described in division (F)(1)(a) of this section, the
offender
or delinquent child is required under the law of the
jurisdiction under which the offender
or delinquent child was
convicted, pleaded guilty, or was adjudicated to register as a
sex
offender until the offender's
or delinquent child's death. (c) The offender
or delinquent child was automatically
classified a sexual predator under division (A) of this section
in relation to the conviction, guilty plea, or adjudication
described in division (F)(1)(a) of this section. (2) The court may enter a determination that the offender
or
delinquent child filing the petition described in division (F)(1)
of this section is not an adjudicated sexual predator in this
state for purposes of the registration and other requirements
of this chapter or the community notification provisions contained
in sections 2950.10 and 2950.11 of the Revised Code only if the
offender
or delinquent child proves by clear and convincing
evidence that the requirement of the other jurisdiction that the
offender
or delinquent child register as a sex offender until the
offender's
or delinquent child's death
is not substantially similar to a classification as a sexual
predator for purposes of this chapter. If the court enters a determination that the offender or delinquent child is not an adjudicated sexual predator in this state for those purposes, the court shall include in the determination a statement of the reason or reasons why it so determined. (G) If, prior to the effective date of this section July 31, 2003, an offender or delinquent child was adjudicated a sexual predator or was determined to be a habitual sex offender under this section or section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and if, on and after July 31, 2003, the sexually oriented offense upon which the classification or determination was based no longer is considered a sexually oriented offense but instead is a child-victim oriented offense, notwithstanding the redesignation of that offense, on and after July 31, 2003, all of the following apply:
(1) Divisions (A)(1) or (2) or (E)(1) and (2) of section 2950.091 of the Revised Code apply regarding the offender or child, and the judge's classification or determination made prior to July 31, 2003, shall be considered for all purposes to be a classification or determination that classifies the offender or child as described in those divisions.
(2) The offender's or child's classification or determination under divisions (A)(1) or (2) or (E)(1) and (2) of section 2950.091 of the Revised Code shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the classification or determination made prior to July 31, 2003.
(3) The offender's or child's duties under this chapter relative to that classification or determination shall be considered for all purposes to be a continuation of the duties related to that classification or determination as they existed prior to July 31, 2003.
Sec. 2950.11. (A) As used in this section, "specified
geographical notification area" means the geographic area or areas
within
which the attorney general, by rule adopted under section
2950.13 of the Revised Code, requires the notice described in
division (B) of
this section to be given to the persons identified
in divisions
(A)(2) to (8) of this section. If a person is
convicted of or pleads guilty to, or has been convicted of or
pleaded
guilty
to, either a sexually
oriented offense
that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, or a person is
adjudicated a delinquent child for committing either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is classified a juvenile
offender registrant or is
an out-of-state juvenile offender registrant based on that
adjudication, and if the offender
or
delinquent child
is in any
category specified in division (F)(1)(a), (b), or (c) of this
section, the
sheriff
with whom the
offender
or delinquent
child
has
most recently
registered under
section
2950.04, 2950.041, or
2950.05 of
the
Revised Code
and the sheriff to whom the offender or
delinquent child most
recently sent a notice of intent to reside
under section 2950.04
or 2950.041 of the Revised Code,
within the period
of
time
specified
in
division (C)
of this
section, shall provide a
written
notice
containing the
information
set forth in division
(B) of
this
section
to all of
the
persons described in divisions (A)(1) to (9) of this section. If the sheriff has sent a notice to the persons described in those divisions as a result of receiving a notice of intent to reside and if the offender or delinquent child registers a residence address that is the same residence address described in the notice of intent to reside, the sheriff is not required to send an additional notice when the offender or delinquent child registers. The sheriff shall provide the notice to all of the following persons: (1)(a) Any occupant of each residential unit that is located within one
thousand feet of
the offender's
or delinquent
child's residential premises, that
is located within
the county served by the sheriff,
and that is not located in a multi-unit building. Division (D)(3) of this section applies regarding notices required under this division. (b) If the offender or delinquent child resides in a multi-unit building, any occupant of each residential unit that is located in that multi-unit building and that shares a common hallway with the offender or delinquent child. For purposes of this division, an occupant's unit shares a common hallway with the offender or delinquent child if the entrance door into the occupant's unit is located on the same floor and opens into the same hallway as the entrance door to the unit the offender or delinquent child occupies. Division (D)(3) of this section applies regarding notices required under this division.
(c) The building manager, or the person the building owner or condominium unit owners association authorizes to exercise management and control, of each multi-unit building that is located within one thousand feet of the offender's or delinquent child's residential premises, including a multi-unit building in which the offender or delinquent child resides, and that is located within the county served by the sheriff. In addition to notifying the building manager or the person authorized to exercise management and control in the multi-unit building under this division, the sheriff shall post a copy of the notice prominently in each common entryway in the building and any other location in the building the sheriff determines appropriate. The manager or person exercising management and control of the building shall permit the sheriff to post copies of the notice under this division as the sheriff determines appropriate. In lieu of posting copies of the notice as described in this division, a sheriff may provide notice to all occupants of the multi-unit building by mail or personal contact; if the sheriff so notifies all the occupants, the sheriff is not required to post copies of the notice in the common entryways to the building. Division (D)(3) of this section applies regarding notices required under this division.
(d) All additional
persons who are within
any
category
of neighbors of the offender or delinquent child that
the attorney general by rule
adopted under section
2950.13 of the
Revised
Code requires to be
provided the notice and
who reside
within the county
served by the
sheriff; (2) The executive director of the public children services
agency that has
jurisdiction within the specified geographical
notification area and that is located within the county served by
the sheriff; (3)(a) The superintendent of each board of education of a
school
district
that has schools within the specified geographical
notification area and that
is located within the county served by
the sheriff; (b) The principal of the school within the specified
geographical notification area and within the county served by the
sheriff
that the delinquent
child attends; (c) If the delinquent child attends a school outside of the
specified geographical notification area or outside of the school
district
where the delinquent
child resides, the superintendent of
the board of education of a school
district that governs
the
school that the delinquent child attends and the principal of
the
school that the delinquent child attends. (4)(a) The appointing or hiring officer of each chartered
nonpublic
school
located within the specified geographical
notification area and within the
county served by the sheriff or
of each other school
located within the specified geographical
notification area and within the
county served by the sheriff and
that is not
operated by a board of education
described in division
(A)(3) of this section; (b) Regardless of the location of the school, the appointing
or
hiring officer of a chartered nonpublic school that the
delinquent child
attends. (5) The director, head teacher, elementary principal, or
site administrator
of each preschool program governed by Chapter
3301. of
the Revised Code that is located within the specified
geographical notification area and within the county served by the
sheriff; (6) The administrator of each child day-care center or type
A family day-care home that is located
within the specified
geographical notification area and within the county
served by the
sheriff, and the provider of each
certified type B family day-care
home that is located
within the specified geographical
notification area and within the county
served by the sheriff. As
used in this division, "child day-care center,"
"type A family
day-care home," and "certified type B family day-care home"
have
the same meanings as in section 5104.01 of the Revised Code. (7) The president or other chief administrative officer of
each
institution of higher education, as defined in
section
2907.03 of the Revised Code, that is located within
the specified
geographical notification area and within the county served by
the
sheriff, and the chief
law enforcement officer of the state
university law enforcement
agency or campus police department
established under section
3345.04 or 1713.50 of the Revised Code,
if any, that serves
that institution; (8) The sheriff of each county that includes any portion of
the specified
geographical notification area; (9) If the offender
or delinquent child resides within the
county
served by the sheriff, the
chief of police, marshal, or
other chief law enforcement officer of the
municipal corporation
in which the offender
or delinquent child resides
or, if the
offender
or delinquent child
resides in an unincorporated area,
the constable or chief of the
police department or police district
police force of the
township in which the offender
or delinquent
child resides. (B) The notice required under division (A) of this
section
shall include all
of the following information regarding the
subject offender
or delinquent
child: (1) The offender's
or delinquent child's name; (2) The address or addresses of the offender's residence, school, institution of higher education, or place of employment, as applicable, or the delinquent child's residence address or addresses; (3) The sexually oriented offense or child-victim oriented offense of which the offender was
convicted,
to which the offender pleaded guilty,
or for which
the
child was
adjudicated a delinquent child; (4) All of the following statements that are applicable: (a) A statement that the offender
has
been
adjudicated a sexual
predator, a statement that the offender has been convicted of or pleaded guilty to an aggravated sexually oriented offense, a statement that the delinquent child has been adjudicated a sexual predator and that, as of the
date of the notice, the court has not entered a
determination that
the delinquent child no longer
is a sexual predator,
or a
statement that the sentencing or reviewing judge has
determined that
the offender
or delinquent child is a
habitual sex
offender
and that, as of the date of the notice, the determination
regarding a delinquent child has not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code; (b) A statement that the offender has been adjudicated a child-victim predator, a statement that the delinquent child has been adjudicated a child-victim predator and that, as of the date of the notice, the court has not entered a determination that the delinquent child no longer is a child-victim predator, or a statement that the sentencing or reviewing judge has determined that the offender or delinquent child is a habitual child-victim offender and that, as of the date of the notice, the determination regarding a delinquent child has not been removed pursuant to section 2152.84 or 2152.85 of the Revised Code;
(5) The offender's or delinquent child's photograph. (C) If a sheriff with whom an offender
or delinquent child
registers
under section
2950.04, 2950.041, or 2950.05 of the Revised Code
or
to whom the offender or delinquent child most recently sent a
notice of intent to reside under section 2950.04 or 2950.041 of the Revised
Code is
required by
division
(A) of this section to provide
notices
regarding an offender
or delinquent
child and if, pursuant
to that
requirement, the sheriff provides a notice to
a sheriff of
one
or
more other counties in accordance with division (A)(8) of
this
section, the
sheriff of each of the other counties who is
provided
notice
under division (A)(8) of this section shall
provide the
notices described in
divisions
(A)(1) to (7) and
(A)(9) of this
section to each
person or entity identified within
those divisions
that is
located within the specified geographical
notification area and
within the
county served by the sheriff in
question. (D)(1) A sheriff required by division (A) or (C)
of this
section to provide notices regarding an offender
or delinquent
child shall provide the
notice to the neighbors that
are
described
in division (A)(1) of this
section and the notices to
law
enforcement personnel that are described in
divisions (A)(8)
and
(9) of this section as soon as practicable, but no later than
five days after the
offender sends the notice of intent to reside to the sheriff and
again no later than five days after the
offender
or
delinquent child registers with the sheriff or, if the
sheriff is
required by division
(C) of this section to provide the notices, no
later than
five days after the sheriff
is provided the
notice
described in division (A)(8) of this section. A sheriff required by division (A) or (C) of this
section to
provide notices regarding an offender
or delinquent child
shall
provide the notices to
all other specified persons that are
described in divisions (A)(2) to (7) of
this section as soon as practicable, but not later
than seven days after the offender
or delinquent
child registers
with the
sheriff or, if the sheriff is required by division
(C) of this section to
provide the notices, no
later than five days after the
sheriff is provided the
notice described in division (A)(8) of
this section. (2) If an offender
or delinquent child in relation to
whom
division (A) of this
section applies verifies the offender's
or
delinquent child's current
residence, school, institution of higher education, or place of employment
address, as applicable, with a sheriff
pursuant to section 2950.06 of the
Revised Code, the sheriff may
provide a
written notice containing the information set forth in
division
(B) of this section to the
persons identified in
divisions
(A)(1) to (9) of this section.
If a sheriff provides a
notice pursuant to this division to the
sheriff of one or more
other counties in accordance with
division (A)(8) of this
section,
the sheriff of each of the other counties who is
provided the
notice under division
(A)(8) of this section may
provide, but is
not required to provide, a written notice
containing the
information set forth in division
(B) of this section to the
persons identified in divisions
(A)(1) to (7) and (A)(9) of this
section. (3) A sheriff may provide notice under division (A)(1)(a) or (b) of this section, and may provide notice under division (A)(1)(c) of this section to a building manager or person authorized to exercise management and control of a building, by mail, by personal contact, or by leaving the notice at or under the entry door to a residential unit. For purposes of divisions (A)(1)(a) and (b) of this section, and the portion of division (A)(1)(c) of this section relating to the provision of notice to occupants of a multi-unit building by mail or personal contact, the provision of one written notice per unit is deemed as providing notice to all occupants of that unit. (E) All information that a sheriff possesses regarding a
sexual predator, a
habitual sex offender, a child-victim predator, or a habitual child-victim offender that is described in
division
(B) of this section and that must be provided
in a notice
required under division (A) or (C)
of this section or that may be
provided in a notice authorized under
division (D)(2) of this
section is a public record that is open
to inspection under
section 149.43 of the Revised Code. The sheriff shall not cause to be publicly disseminated
by means of the internet any of the information described in this division that is provided by a sexual predator, habitual sex offender, child-victim predator, or habitual child-victim offender who is a juvenile offender registrant, except when the act that is the basis of
the child's classification as a juvenile offender registrant is
a violation of, or an attempt to commit a violation of, section
2903.01, 2903.02, or 2905.01 of the Revised Code that was
committed with a purpose to gratify the sexual needs or desires of
the child, a violation of section 2907.02 of the Revised Code, or
an attempt to commit a violation of that section. (F)(1) The duties to provide the notices described in
divisions (A) and (C) of this section apply regarding any offender
or delinquent child who is in any of the following categories, if
the other criteria set forth in division (A) or (C) of this
section, whichever is applicable, are satisfied: (a) The offender or delinquent child has been adjudicated a
sexual predator relative to the sexually oriented offense for
which the offender or delinquent child has the duty to register
under section 2950.04 of the Revised Code or has been adjudicated a child-victim predator relative to the child-victim oriented offense for which the offender or child has the duty to register under section 2950.041 of the Revised Code, and the court has not
subsequently determined pursuant to section 2152.84 or 2152.85 of the Revised Code
regarding a delinquent child that the delinquent child no longer is a sexual
predator or no longer is a child-victim predator, whichever is applicable. (b) The offender or delinquent child has been determined
pursuant to division (C)(2) or (E) of section 2950.09 or 2950.091, division
(B) of section 2152.83, section 2152.84, or section 2152.85 of the
Revised Code to be a habitual sex offender or a habitual child-victim offender, the court has imposed
a requirement under that division or section subjecting the
habitual sex offender or habitual child-victim offender to this section, and the determination has
not been removed pursuant to section 2152.84 or 2152.85 of the
Revised Code regarding a delinquent child. (c) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense, regardless of whether the
offender has been adjudicated a sexual predator relative to the
offense or has been determined to be a habitual sex offender. (2) The notification provisions of this section do not apply
regarding a
person who is convicted of or pleads guilty to,
has
been convicted of or
pleaded guilty to,
or is adjudicated a
delinquent child for committing, a sexually oriented
offense or a child-victim oriented offense, who
is not
in the category specified in either
division (F)(1)(a) or
(c) of this section, and who
is determined
pursuant to
division
(C)(2) or
(E) of section 2950.09 or 2950.091, division
(B) of section
2152.83,
section 2152.84, or section 2152.85 of the
Revised Code
to be a
habitual sex
offender
or habitual child-victim offender unless the sentencing
or reviewing
court
imposes a requirement
in
the offender's
sentence and in the
judgment of conviction that
contains the
sentence
or in the
delinquent child's adjudication,
or
imposes a
requirement as
described in
division (C)(2) of
section 2950.09 or 2950.091 of
the Revised
Code, that subjects the
offender
or
the delinquent
child to the
provisions of this section. (G) The department of job and family services shall compile,
maintain,
and
update in
January and July of each year, a list of
all agencies, centers, or homes of a type described in division
(A)(2) or (6) of this section
that contains the name of each
agency, center, or home of that type, the
county in which it is
located, its address and telephone number,
and the name of an
administrative officer or employee of the
agency, center, or home.
The department of education shall
compile, maintain, and update in
January and July of each year, a list of
all boards of education,
schools, or programs of a type
described in division (A)(3),
(4),
or (5) of this section that contains the name of each
board of
education, school, or program of that type, the county in which it
is located, its address and telephone number, the name of the
superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board
of
education, the county or counties in which each of its
schools is
located and the address of each such school. The
Ohio board of
regents shall compile, maintain, and update in
January and July of
each year, a list of
all institutions of a type described in
division
(A)(7) of this section that
contains the name of each
such institution, the county in which
it is located, its address
and telephone number, and the name of
its president or other chief
administrative officer. A sheriff
required by division (A) or (C)
of this section, or authorized by
division (D)(2) of this section,
to provide
notices regarding an offender
or delinquent child, or a
designee of a
sheriff of that type,
may request the department of
job and family services, department of
education, or Ohio board of
regents, by telephone, in person, or by mail, to provide the
sheriff or designee with the names, addresses, and telephone
numbers of the appropriate persons and entities to whom the
notices described in divisions
(A)(2) to (7) of this section
are
to be provided. Upon receipt of a request, the
department or
board shall provide the requesting sheriff or
designee with the
names, addresses, and telephone numbers of the
appropriate persons
and entities to whom those notices are to be
provided. (H)(1) Upon the motion of the offender or the prosecuting attorney of the county in which the offender was convicted of or pleaded guilty to the sexually oriented offense or child-victim oriented offense for which the offender is subject to community notification under this section, or upon the motion of the sentencing judge or that judge's successor in office, the judge may schedule a hearing to determine whether the interests of justice would be served by suspending the community notification requirement under this section in relation to the offender. The judge may dismiss the motion without a hearing but may not issue an order suspending the community notification requirement without a hearing. At the hearing, all parties are entitled to be heard, and the judge shall consider all of the factors set forth in division (B)(3) of section 2950.09 of the Revised Code. If, at the conclusion of the hearing, the judge finds that the offender has proven by clear and convincing evidence that the offender is unlikely to commit in the future a sexually oriented offense or a child-victim oriented offense and if the judge finds that suspending the community notification requirement is in the interests of justice, the judge may suspend the application of this section in relation to the offender. The order shall contain both of these findings. The judge promptly shall serve a copy of the order upon the sheriff with whom the offender most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon the bureau of criminal identification and investigation.
An order suspending the community notification requirement does not suspend or otherwise alter an offender's duties to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and does not suspend the victim notification requirement under section 2950.10 of the Revised Code.
(2) A prosecuting attorney, a sentencing judge or that judge's successor in office, and an offender who is subject to the community notification requirement under this section may initially make a motion under division (H)(1) of this section upon the expiration of twenty years after the offender's duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code begins in relation to the offense for which the offender is subject to community notification. After the initial making of a motion under division (H)(1) of this section, thereafter, the prosecutor, judge, and offender may make a subsequent motion under that division upon the expiration of five years after the judge has entered an order denying the initial motion or the most recent motion made under that division.
(3) The offender and the prosecuting attorney have the right to appeal an order approving or denying a motion made under division (H)(1) of this section.
(4) Division Divisions (H) (1) to (3) of this section does do not apply to any of the following types of offender:
(a) A person who is convicted of or pleads guilty to a violent sex offense or designated homicide, assault, or kidnapping offense and who, in relation to that offense, is adjudicated a sexually violent predator;
(b) A person who is convicted of or pleads guilty to a sexually oriented offense that is a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment and either who is sentencd under section 2971.03 of the Revised Code or upon whom a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code; (c) A person who is convicted of or pleads guilty to a sexually oriented offense that is attempted rape committed on or after the effective date of this amendment and who also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code; (d) A habitual sex offender or habitual child-victim oriented offender who is subject to community notification who, subsequent to being subjected to community notification, has pleaded guilty to or been convicted of a sexually oriented offense or a child-victim oriented offense;
(c)(e) A sexual predator or child-victim predator who is not adjudicated a sexually violent predator who, subsequent to being subjected to community notification, has pleaded guilty to or been convicted of a sexually oriented offense or child-victim oriented offense. (I) If a person is convicted of or pleads guilty to, or has been convicted of or pleaded guilty to, either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense, or a person is adjudicated a delinquent child for committing either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is classified a juvenile offender registrant or is an out-of-state juvenile offender registrant based on that adjudication, and if the offender or delinquent child is not in any category specified in division (F)(1)(a), (b), or (c) of this section, the sheriff with whom the offender or delinquent child has most recently registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code and the sheriff to whom the offender or delinquent child most recently sent a notice of intent to reside under section 2950.04 or 2950.041 of the Revised Code, within the period of time specified in division (D) of this section, shall provide a written notice containing the information set forth in division (B) of this section to 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.
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 and child-victim 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, 2950.041,
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, either a sexually oriented
offense
that is not a registration-exempt sexually oriented offense or a child-victim oriented offense or a person who is
adjudicated a delinquent child for committing either a sexually oriented
offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and is classified a juvenile
offender registrant or is
an out-of-state juvenile offender registrant based on that
adjudication, and all of the information
the bureau receives
pursuant to section
2950.14 of the Revised
Code. For a person who was convicted of or pleaded guilty to the sexually oriented offense or child-victim related offense, the registry also shall indicate whether the person was convicted of or pleaded guilty to the offense in a criminal prosecution or in a serious youthful offender case. (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, 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 that is not a registration-exempt sexually oriented offense and has
been
adjudicated a
sexual predator or
determined to
be a
habitual sex offender, an offender who has committed
an aggravated sexually oriented
offense, or an offender or delinquent child who has committed a child-victim oriented offense and has been adjudicated a child-victim predator or determined to be a habitual child-victim offender, and
rules that prescribe
a manner in
which
victims of either a
sexually
oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense committed
by
an offender
or a
delinquent child who has been
adjudicated a sexual
predator or determined to be a
habitual sex
offender, an offender who has
committed
an
aggravated sexually oriented offense, or an offender or delinquent child who has committed a child-victim oriented offense and has been adjudicated a child-victim predator or determined to be a habitual child-victim offender may make a
request that
specifies that the
victim would
like to be provided
the notices
described in
divisions (A)(1) and
(2) of section
2950.10 of the
Revised Code; (4) In consultation with local law enforcement
representatives and through
the bureau of criminal
identification
and investigation, prescribe the forms to be used by judges and
officials pursuant to section 2950.03 of the Revised Code
to
advise offenders
and delinquent children of their duties of
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, school, institution of higher education, or place of employment address, as applicable, and
address
verification under
sections 2950.04, 2950.041, 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 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, 2950.041, 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
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, 2950.041, 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,
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 a
sexual predator or child-victim predator or
determined to be a
habitual sex offender or habitual child-victim offender, or an offender who has committed an aggravated sexually oriented offense; (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, not later than January 1, 2004, establish and operate on the internet a sex offender and child-victim offender database that contains information for every offender who has committed either a sexually oriented offense that is not a registration-exempt sexually oriented offense or a child-victim oriented offense and who registers in any county in this state pursuant to section 2950.04 or 2950.041 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 and child-victim offenders described in division (A)(1) of this section, which information, while in the possession of the sheriff who provided it, is a public record open for inspection as described in section 2950.081 of the Revised Code. 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 sheriff who has established and operates on the internet a sex offender and child-victim offender database that contains information for offenders who register in that county pursuant to section 2950.04 or 2950.041 of the Revised Code, with the link being a direct link to the sex offender and child-victim offender database for the sheriff. (12) Upon the request of any sheriff, provide technical guidance to the requesting sheriff in establishing on the internet a sex offender and child-victim 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 or 2950.041 of the Revised Code and for the public dissemination of information the sheriff receives pursuant to section 2950.14 of the Revised Code; (13) Through the bureau of criminal identification and investigation, not later than January 1, 2004, establish and operate on the internet a database that enables local law enforcement representatives to remotely search by electronic means the state registry of sex offenders and child-victim offenders described in division (A)(1) of this section and any information the bureau receives pursuant to sections 2950.04, 2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The database shall enable local law enforcement representatives to obtain detailed information regarding each offender and delinquent child who is included in the registry, including, but not limited to the offender's or delinquent child's name, residence address, place of employment if applicable, motor vehicle license plate number if applicable, victim preference if available, date of most recent release from confinement if applicable, fingerprints, and other identification parameters the bureau considers appropriate. The database is not a public record open for inspection under section 149.43 of the Revised Code and shall be available only to law enforcement representatives as described in this division. Information obtained by local law enforcement representatives through use of this database is not open to inspection by the public or by any person other than a person identified in division (A) of section 2950.08 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
residential premises and other persons specified in division (A)(1) of section 2950.11 of the Revised Code, must be
given
the notice described in division (B) of
that section. (C) No person, other than a local law enforcement representative, shall knowingly do any of the following: (1) Gain or attempt to gain access to the database established and operated by the attorney general, through the bureau of criminal identification and investigation, pursuant to division (A)(13) of this section.
(2) Permit any person to inspect any information obtained through use of the database described in division (C)(1) of this section, other than as permitted under that division. (D) As used in this section, "local law enforcement
representatives" means representatives of the sheriffs of this
state,
representatives of the municipal chiefs of police and
marshals of this state,
and representatives of the township
constables and chiefs of police of the
township police departments
or police district police forces of this state. Sec. 2950.14. (A) Prior to releasing
an offender who is
under the custody and control of the department of
rehabilitation
and correction and who has been convicted of or
pleaded guilty to
committing, either prior to, on, or after January
1, 1997, any
sexually
oriented offense that is not a registration-exempt sexually oriented offense or any child-victim oriented offense, the
department
of rehabilitation and
correction shall provide all of the
information
described in
division (B) of this
section to the bureau of
criminal
identification and investigation regarding the offender and to the sheriff of the county in which the offender's anticipated future residence is located.
Prior to
releasing a delinquent child who is in the
custody of the
department of youth services
who has
been
adjudicated a
delinquent child for
committing on or after
January 1, 2002, any
sexually oriented offense that is not a registration-exempt sexually oriented offense or any child-victim oriented offense,
and
who has been classified a juvenile
offender registrant based
on that adjudication, the
department
of
youth services shall
provide all of the information
described
in
division
(B) of this
section to the
bureau of
criminal
identification and investigation
regarding
the delinquent
child. (B) The department of
rehabilitation and correction and the
department of youth
services shall provide all of the following
information to the
bureau of criminal identification and
investigation regarding an
offender or delinquent child described
in division (A) of this
section: (1) The offender's
or delinquent child's name and any
aliases used by
the offender
or delinquent child; (2) All identifying factors concerning the offender
or
delinquent
child; (3) The offender's
or delinquent child's anticipated future
residence; (4) The offense
and delinquency history of the offender
or
delinquent child; (5) Whether the offender
or delinquent child was treated for
a mental
abnormality or
personality disorder while under the
custody and control of the
department; (6) Any other information that the bureau indicates is
relevant and
that
the department possesses. (C) Upon receipt of the information described in division
(B) of this section
regarding an offender
or delinquent child,
the
bureau immediately shall
enter the information into
the state
registry of
sex offenders and child-victim offenders that the bureau maintains
pursuant to
section 2950.13 of the Revised Code and into the
records that the
bureau
maintains pursuant to division (A) of
section 109.57 of the
Revised Code. Upon receipt of that information regarding an offender, the bureau immediately shall enter the information on the sex offender and child-victim offender database it establishes and operates on the internet pursuant to division (A)(11) of section 2950.13 of the Revised Code. (D) Upon receipt of the information described in division (B) of this section regarding an offender, a sheriff who has established on the internet a sex offender and child-victim offender database for the public dissemination of information regarding such offenders shall enter that information on the database.
Sec. 2967.12. (A) Except as provided in division (G) of
this section, at least three weeks before the adult parole
authority recommends any pardon or commutation of sentence, or
grants any parole, the authority shall send a notice of
the
pendency of the pardon, commutation, or parole, setting forth the
name
of the person on whose behalf it is made, the offense of
which the person was
convicted or to which the person pleaded guilty, the time of conviction or the guilty plea, and the
term of the person's sentence, to
the prosecuting attorney and the
judge of the court of common
pleas of the county in which the
indictment against the person
was found. If there is more than
one judge of that court of
common pleas, the authority shall send
the notice
to the presiding judge. The department of rehabilitation and correction, at the same time that it provides the notice to the prosecuting attorney and judge under this division, also shall post on the database it maintains pursuant to section 5120.66 of the Revised Code the offender's name and all of the information specified in division (A)(1)(c)(iii) of that section. (B) If a request for notification has been made pursuant
to
section 2930.16 of the Revised Code, the adult parole
authority
also shall give notice to the victim or the victim's
representative prior to recommending any pardon or commutation of
sentence for, or granting any parole to, the person. The
authority shall provide the notice at the
same time as the notice
required by
division (A) of this section and shall include in the
notice
the information required to be set forth in that notice.
The notice also
shall inform the victim or the victim's
representative that the victim or
representative may send a
written statement relative to the victimization and
the pending
action to the adult parole authority and that, if the authority
receives any written statement prior to recommending a
pardon or
commutation or granting a parole for a person,
the authority will
consider the statement before it recommends a pardon or
commutation or grants a
parole. If the person is being considered
for parole, the
notice shall inform the victim or the victim's
representative that a full
board hearing of the parole board may
be held and that the victim
or victim's representative may contact
the office of victims' services for
further information.
If the
person being considered for parole was convicted of or pleaded guilty to violating section 2903.01 or 2903.02 of the Revised Code, the notice shall inform the
victim of that offense, the victim's representative, or a member of the victim's immediate family that the victim, the victim's
representative, and the victim's immediate family have the right to give testimony at a full board hearing
of the parole board and that the victim or victim's representative
may contact the office of victims' services for further
information. As used in this division, "the victim's immediate family" means the mother, father, spouse, sibling, or child of the victim. (C) When notice of the pendency of any pardon,
commutation
of sentence, or parole has been given to a judge or prosecutor or posted on the database as provided in
division (A)
of this section and a hearing on the pardon, commutation, or
parole is continued to a date certain, the authority
shall provide
notice of the further
consideration of the pardon,
commutation, or parole at
least ten days before the further consideration. The notice of the further consideration shall be provided to the proper judge and prosecuting attorney by mail at least ten days before the further consideration, and, if the initial notice was posted on the database as provided in division (A) of this section, the notice of the further consideration shall be posted on the database at least ten days before the further consideration. When
notice of
the pendency of any pardon, commutation, or parole
has
been given
as provided in division (B) of this section and the
hearing on it
is continued to a date certain, the authority shall
give notice of the
further consideration to the victim or the
victim's
representative in accordance with section 2930.03 of the
Revised
Code. (D) In case of an application for the pardon or
commutation
of sentence of a person sentenced to capital
punishment, the
governor may modify the requirements of
notification and
publication if there is not sufficient time for
compliance with
the requirements before the date fixed
for the execution of
sentence. (E) If an offender is serving a prison term imposed under
division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code
and if the
parole board terminates its
control over the offender's service of
that term pursuant to section 2971.04
of the Revised Code, the
parole board immediately
shall provide written notice of its
termination of control or the transfer of control to the entities
and persons
specified in section 2971.04 of the Revised Code. (F) The failure of the adult parole authority to comply
with
the notice or posting provisions of division (A), (B), or (C) of this
section
or the failure of the parole board to comply with the
notice
provisions of division (E) of this section do not give any
rights
or any grounds for appeal or
post-conviction relief to the person
serving the sentence. (G) Divisions (A), (B), and (C) of this section do not
apply
to any release of a person that is of the type
described in
division (B)(2)(b) of section 5120.031 of the Revised Code. (H) In addition to and independent of the right of a victim to make a statement as described in division (A) of this section or pursuant to section 2930.17 of the Revised Code or to otherwise make a statement, the authority for a judge or prosecuting attorney to furnish statements and information, make recommendations, and give testimony as described in division (A) of this section, the right of a prosecuting attorney, judge, or victim to give testimony or submit a statement at a full parole board hearing pursuant to section 5149.101 of the Revised Code, and any other right or duty of a person to present information or make a statement, any person may send to the adult parole authority at any time prior to the authority's recommending a pardon or commutation or granting a parole for the offender a written statement relative to the offense and the pending action.
Sec. 2967.121. (A) Subject to division (C) of this
section, at least two weeks before any convict
who is serving a sentence for committing a felony of
the first, second, or third degree is
released from confinement in any state correctional institution
pursuant to a pardon, commutation of sentence, parole, or completed prison
term, the adult parole authority shall send notice of the release to the
prosecuting attorney of the county in which the indictment of the convict was
found. (B) The notice required by division (A) of this section
may be contained in a weekly list of all felons of the
first, second, or third degree who
are scheduled for release. The notice shall contain all of the
following: (1) The name of the convict being released; (2) The date of the convict's release; (3) The offense for the violation of which the convict was
convicted and incarcerated; (4) The date of the convict's conviction pursuant to which
the convict was incarcerated; (5) The sentence imposed for that conviction; (6) The length of any supervision that the convict will be
under; (7) The name, business address, and business phone number
of the convict's supervising officer; (8) The address at which the convict will reside. (C) Divisions (A) and (B) of this section do not
apply to the release from confinement of an offender if the
offender is serving a prison term imposed under division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of
section 2971.03 of the Revised Code, if the court pursuant to section 2971.05
of the Revised Code modifies the requirement that the offender serve that
entire term in a
state correctional institution, and if the release from confinement is
pursuant
to that modification. In a case of that type, the court that modifies the
requirement promptly shall provide written notice of the modification and the
order that modifies the requirement or revises the modification to the
offender, the department of rehabilitation and correction, the prosecuting
attorney, and any state agency or political subdivision that is affected by
the order.
Sec. 2971.03. (A) Notwithstanding divisions (A),
(B), (C), and (F) of section 2929.14, section
2929.02, 2929.03, 2929.06, 2929.13, or another section of the
Revised Code, other than divisions (D) and
(E) of section 2929.14 of the Revised Code, that authorizes or
requires a specified prison term or a mandatory prison term
for a person who is convicted of or pleads guilty
to a felony or that specifies the manner and place of service of
a prison term or term of imprisonment, the court shall
impose a sentence upon a person who is convicted of or pleads
guilty to a violent sex offense and who also is convicted of or
pleads guilty to a sexually violent predator specification that
was included in the indictment, count in the indictment, or
information charging that offense, and upon a person who is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, as follows: (1) If the offense for which the sentence is being imposed is aggravated murder and if the court does not
impose upon the offender a sentence of death, it shall impose
upon the offender a term of life imprisonment without
parole. If the court sentences the offender to death and
the sentence of death is vacated, overturned, or otherwise set aside,
the court shall impose upon the offender a term of life
imprisonment without parole. (2) If the offense for which the sentence is being imposed is murder; or if the offense is rape committed in violation of division (A)(1)(b) of section 2907.02 of the Revised Code when the offender purposely compelled the victim to submit by force or threat of force, when the victim was less than ten years of age, when the offender previously has been convicted of or pleaded guilty to either rape committed in violation of that division or a violation of an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of section 2907.02 of the Revised Code, or when the offender during or immediately after the commission of the rape caused serious physical harm to the victim; or if the offense is an offense other than aggravated murder or
murder for which a term of life imprisonment may be imposed, it shall impose
upon the offender a term of life imprisonment without parole. (3)(a) Except as otherwise provided in division (A)(3)(b), (c), or (d), or (e) or (A)(4) of this
section, if the offense for which the sentence is being imposed is an offense other than aggravated murder, murder, or rape and other than
an offense for which a term of life imprisonment may be imposed, it shall
impose an
indefinite prison term consisting of a minimum term
fixed by the court from among the range of terms available as a
definite term for the offense, but not less than two years, and a maximum term
of life imprisonment. (b) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the first degree, it shall impose an
indefinite prison term consisting of a minimum term fixed by the court that is not less
than ten years, and a maximum term of life imprisonment.
(c) Except as otherwise provided in division (A)(4) of this section, if the offense for which the sentence is being imposed is kidnapping that is a felony of the second degree, it shall impose an indefinite prison term consisting of a minimum term fixed by the court that is not less than eight years, and a maximum term of life imprisonment. (d) Except as otherwise provided in division (A)(4) of this
section, if the offense for which the sentence is being imposed is rape for which a term of life
imprisonment is not imposed under section 2907.02 of the Revised
Code or division (A)(2) of this section or division (B) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term as follows: (i) If the rape is committed on or after the effective date of this amendment in violation of division (A)(1)(b) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of twenty-five years and a maximum term of life imprisonment.
(ii) If the rape is committed prior to the effective date of this amendment or the rape is committed on or after the effective date of this amendment other than in violation of division (A)(1)(b) of section 2907.02 of the Revised Code, it shall impose an indefinite prison term consisting of a
minimum term fixed by the court that is not less than ten years, and a maximum term of
life imprisonment. (e) Except as otherwise provided in division (A)(4) of this section, if the offense for which sentence is being imposed is attempted rape, it shall impose an indefinite prison term as follows:
(i) Except as otherwise provided in division (A)(3)(e)(ii), (iii), or (iv) of this section, it shall impose an indefinite prison term pursuant to division (A)(3)(a) of this section.
(ii) If the attempted rape for which sentence is being imposed was committed on or after the effective date of this amendment, and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1418 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years. (iii) If the attempted rape for which sentence is being imposed was committed on or after the effective date of this amendment, and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1419 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of ten years and a maximum of life imprisonment. (iv) If the attempted rape for which sentence is being imposed was committed on or after the effective date of this amendment, and if the offender also is convicted of or pleads guilty to a specification of the type described in section 2941.1420 of the Revised Code, it shall impose an indefinite prison term consisting of a minimum term of fifteen years and a maximum of life imprisonment.
(4) For any offense for which the sentence is being imposed, if the offender previously has been convicted of or
pleaded guilty to a violent sex offense and also to a sexually violent
predator specification that was included in the indictment, count in the
indictment, or information charging that offense, or previously has been convicted of or pleaded guilty to a designated homicide, assault, or kidnapping offense and also to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, it shall impose upon the
offender a term of life imprisonment without parole. (B)(1) Notwithstanding section 2929.13, division (A), (B), (C), or (F) of section 2929.14, or another section of the Revised Code other than division (B) of section 2907.02 or divisions (D) and (E) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment, if a person is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment, if division (A) of this section does not apply regarding the person, and if the court does not impose a sentence of life without parole when authorized pursuant to division (B) of section 2907.02 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of one of the following: (a) Except as otherwise required in division (B)(1)(b) or (c) of this section, a minimum term of ten years and a maximum term of life imprisonment. (b) If the victim was less than ten years of age, a minimum term of fifteen years and a maximum of life imprisonment. (c) If the offender purposely compels the victim to submit by force or threat of force, or if the offender previously has been convicted of or pleaded guilty to violating division (A)(1)(b) of section 2907.02 of the Revised Code or to violating an existing or former law of this state, another state, or the United States that is substantially similar to division (A)(1)(b) of that section, or if the offender during or immediately after the commission of the offense caused serious physical harm to the victim, a minimum term of twenty-five years and a maximum of life imprisonment.
(2) Notwithstanding section 2929.13, division (A), (B), (C), or (F) of section 2929.14, or another section of the Revised Code other than divisions (D) and (E) of section 2929.14 of the Revised Code that authorizes or requires a specified prison term or a mandatory prison term for a person who is convicted of or pleads guilty to a felony or that specifies the manner and place of service of a prison term or term of imprisonment and except as otherwise provided in division (B) of section 2907.02 of the Revised Code, if a person is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment and if division (A) of this section does not apply regarding the person, the court shall impose upon the person an indefinite prison term consisting of one of the following: (a) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1418 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of five years and a maximum term of twenty-five years. (b) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1419 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of ten years and a maximum term of life imprisonment. (c) If the person also is convicted of or pleads guilty to a specification of the type described in section 2941.1420 of the Revised Code, the court shall impose upon the person an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment.
(C)(1) If the offender is sentenced to a prison term
pursuant to division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of this
section, the parole board shall have control over the offender's
service of the term during the entire term unless the parole
board terminates its control in accordance with section 2971.04
of the Revised Code. (C)(1)(2) Except as provided in division (C)(2)(3) of
this section, an offender sentenced to a prison term or term of life
imprisonment without parole pursuant to division (A) of this section
shall serve the entire prison term or term of life imprisonment in a state
correctional institution. The offender is not eligible for judicial release
under section 2929.20 of the Revised Code.
(2)(3) For a prison term imposed pursuant to division (A)(3), (B)(1)(a), (b), or (B)(2)(a), (b), or (c) of this
section, the court, in accordance with section 2971.05 of the Revised Code,
may terminate the prison term or modify the requirement that the offender
serve the entire term in a state correctional institution
if all of the following apply:
(a) The offender has served at least the
minimum term imposed as part of that prison term. (b) The parole board, pursuant to section
2971.04 of the Revised Code, has terminated its
control over the offender's service of that prison term. (c) The court has held a hearing and found, by clear and
convincing evidence, one of the following: (i) In the case of termination of the prison term,
that the offender is unlikely to commit a sexually violent
offense in the future; (ii) In the case of modification of the requirement, that the
offender does not represent a substantial risk of physical
harm to others. (3)(4) An offender who has been sentenced to a term of life imprisonment
without parole pursuant to division (A)(1), (2), or (4) of this
section shall not be released from the
term of life imprisonment or be permitted to serve a
portion of it in a place other than a state correctional
institution.
(D) If a court sentences an offender
to a prison term or term of life imprisonment without parole pursuant to
division (A) of this section and the court also imposes on the offender one or
more additional prison terms pursuant to division
(D) of section 2929.14 of the Revised Code, all of the additional prison terms
shall be served consecutively with, and prior to,
the prison term or term of life imprisonment without parole imposed upon the
offender pursuant to division (A) of this section. (E) If the offender is convicted of or
pleads guilty to two or more offenses for which a prison term or term of life
imprisonment without parole is
required to be imposed pursuant to division (A) of this
section, divisions (A) to (D) of this section
shall be applied for each offense. All minimum terms
imposed upon the offender pursuant to division
(A)(3) or (B) of this section for those offenses shall be
aggregated and served consecutively, as if they were a single
minimum term imposed under that division. (F) If an offender is convicted of or pleads guilty to a violent sex
offense and
also is convicted of or pleads guilty to a sexually violent
predator specification that was included in the indictment,
count in the indictment, or information charging that offense, or is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that offense, the conviction of or plea of guilty to the offense and the sexually violent predator
specification automatically classifies the offender as a sexual
predator for purposes of Chapter 2950. of the Revised Code. If an offender is convicted of or pleads guilty to committing on or after the effective date of this amendment a violation of division (A)(1)(b) of section 2907.02 of the Revised Code and either the offender is sentenced under section 2971.03 of the Revised Code or a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code, the conviction of or plea of guilty to the offense automatically classifies the offender as a sexual predator for purposes of Chapter 2950. of the Revised Code. If a person is convicted of or pleads guilty to committing on or after the effective date of this amendment attempted rape and also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the conviction of or plea of guilty to the offense and the specification automatically classify the offender as a sexual predator for purposes of this chapter. The
classification pursuant to this division of the an offender as a sexual predator for purposes
of that chapter Chapter 2950. of the Revised Code is permanent and continues until the offender's death as described
in division (D)(2) of section 2950.09 of the Revised Code.
Sec. 2971.04. (A) If an offender is
serving a prison term imposed under division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised
Code, at any time after the offender has served the
minimum term imposed under that sentence, the parole board may
terminate its control over the offender's service of the prison term. The
parole board initially shall determine whether to terminate its control over
the offender's service of the prison term upon the completion of the
offender's service of the minimum term under the sentence and shall make
subsequent
determinations at least once every two years after that first determination.
The parole board shall not terminate its control over the offender's service
of the
prison term unless it finds at a hearing that the offender does not represent
a substantial risk of physical harm to others. Prior to determining
whether to terminate its control over the offender's service of the prison
term, the
parole board shall request the department of rehabilitation and correction to
prepare pursuant to section 5120.61 of the Revised Code an update of the most
recent risk
assessment and report relative to the offender. The offender has the right to
be present at any hearing
held under this section. At the hearing, the offender and the
prosecuting attorney may make a statement and present evidence
as to whether the parole board should terminate its control over
the offender's service of the prison term. In making its determination as to
whether to terminate its control over the offender's service of
the prison term, the parole board may follow the standards and
guidelines adopted by the department of rehabilitation and
correction under section 5120.49 of the Revised
Code and shall consider the updated risk assessment and report
relating to the offender
prepared by the department pursuant to section 5120.61 of the
Revised Code in response to the request made under this division
and any statements or evidence submitted by
the offender or the prosecuting attorney. If the parole board terminates its
control
over an offender's service of a prison term imposed under division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, it shall recommend to the court
modifications to the requirement that the offender serve the entire term in a
state correctional institution. The court is not bound by the
recommendations submitted by the parole board. (B) If the parole board terminates its control over an offender's
service of a prison
term imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section
2971.03 of the Revised Code, the parole board immediately shall provide
written notice of its termination of control to the department of
rehabilitation
and correction, the court, and the prosecuting attorney, and, after the
board's termination of its control, the court shall have control over the
offender's service of that prison term. After the transfer, the court shall have control over the offender's
service
of that prison term for the offender's entire life, subject to the court's
termination of the term pursuant to section 2971.05 of the Revised Code. (C) If control over the offender's service of the prison term
is transferred to the court, all of the following apply: (1) The offender shall not be released solely as a
result of the transfer of control over the service of that prison term. (2) The offender shall not be permitted solely as a
result of the transfer to serve a portion of that term in a
place other than a state correctional institution. (3) The offender shall continue serving that term in a
state correctional institution, subject to the following: (a) A release pursuant to a pardon, commutation, or reprieve; (b) A modification or termination of the term by the court
pursuant to this chapter.
Sec. 2971.05. (A)(1) After control over an offender's service
of a prison term imposed pursuant to division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section
2971.03 of the Revised Code has been
transferred pursuant to section 2971.04 of the Revised Code to the court, the
court shall
schedule, within thirty
days of any of the following, a hearing on whether to modify in accordance
with
division (C) of this section the requirement that the offender serve
the entire prison term in a state correctional
institution or to terminate the
prison term in
accordance with division (D) of this section: (a) Control over the offender's service of a prison term
is transferred pursuant to section 2971.04 of the Revised Code to the court,
and no hearing
to modify the
requirement has been held; (b) Two years elapse after the most recent prior hearing held
pursuant to division (A)(1) or (2) of this section; (c) The prosecuting attorney, the department of rehabilitation
and
correction, or the adult parole authority requests the hearing, and recommends
that the requirement be modified or that the offender's prison
term be terminated. (2) After control over the offender's service of a prison term
has been transferred pursuant to section 2971.04 of the Revised Code to the court, the court,
within thirty days of either of the following, shall conduct a hearing on
whether
to modify in accordance with division (C) of this section the
requirement that the offender serve the entire prison term in a state
correctional
institution, whether to continue, revise, or revoke an existing modification
of
that requirement, or whether to terminate the term in accordance with division
(D)
of this section: (a) The requirement that the offender serve the entire prison
term in a state correctional institution has been modified, and the offender
is taken into custody for any reason. (b) The
department of rehabilitation and correction or the prosecuting attorney
notifies the court pursuant to section 2971.06 of the Revised Code regarding a known or
suspected violation of a term or condition of the
modification or a belief that there is a substantial likelihood that the
offender has committed or is about to commit a sexually violent offense. (3) After control over the offender's service of a prison term
has been transferred pursuant to section 2971.04 of the Revised Code to the court, the court,
in any of the following circumstances, may conduct a hearing within thirty
days to determine whether to modify in accordance with division (C)
of this section the requirement that the offender serve the entire prison term
in a state correctional institution, whether to continue, revise, or revoke an
existing modification of that requirement, or whether to terminate the
sentence in accordance
with division (D) of this section: (a) The offender requests the hearing; (b) Upon the court's own motion; (c) One or more examiners who have conducted a psychological
examination and assessment of the offender file a statement that states that
there no longer is a likelihood that the offender will engage in the future in
a sexually violent offense. (B)(1) Before a court holds a hearing pursuant to division
(A) of this section, the court shall provide notice of the date,
time,
place, and purpose of the hearing to the offender, the prosecuting attorney,
the department of rehabilitation and correction, and the adult parole
authority
and shall request the department to prepare
pursuant to section 5120.61 of the Revised Code an update of the most recent risk assessment
and report relative to the offender.
The offender
has the right to be present at any hearing held under this section.
At the hearing, the
offender and the prosecuting attorney may make a statement
and present evidence as to whether the requirement that the offender serve the entire prison term in a state correctional institution should
or should not be modified, whether the existing modification of the
requirement should be continued, revised, or revoked, and whether the prison
term should or should not be terminated. (2) At a hearing held pursuant to division (A) of this section,
the court may and, if the hearing is held pursuant to division
(A)(1)(a), (1)(b), or (3)(c)
of this section, shall determine by clear and convincing evidence whether
the offender is unlikely to commit a sexually violent
offense in the future. (3) At the conclusion of the hearing held pursuant to division
(A)
of this section, the court may order that the requirement that the offender
serve the entire prison term in a state correctional institution be continued,
that the requirement be modified pursuant to division (C) of this
section, that an existing modification be continued, revised, or revoked
pursuant to division (C) of this section, or that the prison term be
terminated pursuant to division (D) of this section. (C)(1) If, at the conclusion of a hearing held pursuant to
division
(A) of this section, the court determines by clear and convincing
evidence that the offender will not represent a substantial
risk of physical harm to others, the court may modify the requirement that the
offender serve the entire prison term imposed under division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code in a state correctional institution in a
manner that the court considers appropriate. If the court modifies the requirement, the offender is subject to for an offender whose prison term was imposed pursuant to division (A)(3) of section 2971.03 of the Revised Code, the court shall order the adult parole authority to supervise the offender and shall require that the authority's supervision under of the offender be pursuant to division (E) of this section. If the court modifies the requirement for an offender whose prison term was imposed pursuant to division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised Code, the court shall order the adult parole authority to supervise the offender and may require that the authority's supervision of the offender be pursuant to division (E) of this section. (2) The modification of the requirement does not terminate the prison term
but serves
only to suspend the requirement that the offender serve the entire term in a
state correctional institution. The prison term shall remain in
effect for the offender's entire life unless the court terminates the prison
term pursuant to division (D) of this section. The offender shall
remain under the jurisdiction of the court for the offender's entire life
unless the court so terminates the prison term. The modification of the
requirement does not terminate the
classification of the offender, as described in division
(F) of section 2971.03 of the Revised Code, as a sexual predator for
purposes of Chapter 2950. of the Revised Code, and the offender is subject to supervision, including supervision under division (E) of this section if the court required the supervision of the offender to be pursuant to that division. (3) If the court revokes the modification under consideration, the court
shall order that the offender be returned to the custody of the department of
rehabilitation and correction to continue serving the prison term to which the
modification applied, and section 2971.06 of the Revised Code applies regarding the offender. (D)(1) If, at the conclusion of a hearing held pursuant to
division (A) of this section, the court determines by clear and
convincing evidence that the offender is unlikely to commit a
sexually violent offense in the future, the court may
terminate the offender's prison term imposed under division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, subject to the offender
satisfactorily
completing the period of conditional release required by this division and, if applicable, compliance with division (E) of this section. If
the court terminates the prison term, the court shall place the offender on
conditional release for five years, require the offender to comply with division (E) of this section, notify the adult parole authority of its
determination and of the termination of the prison term, and order the adult
parole authority to supervise the offender during the five-year period of
conditional release and or, if division (E) applies to the offender, to supervise the offender pursuant to and for the period of time specified in that division. If the court terminates the prison term for an offender whose prison term was imposed pursuant to division (A)(3) of section 2971.03 of the Revised Code, the court shall require that the authority's supervision of the offender be pursuant to division (E) of this section. If the court terminates the prison term for an offender whose prison term was imposed pursuant to division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised Code, the court may require that the authority's supervision of the offender be pursuant to division (E) of this section. Upon receipt of a notice from a court pursuant to this
division, the
adult parole authority shall supervise the offender who is the subject of the
notice during the five-year period of conditional release, periodically notify
the court of the offender's activities
during that five-year period of conditional release, and file with the court
no later than thirty days prior to the expiration of the five-year period of
conditional release a written recommendation as to whether the termination of
the offender's prison term should be finalized, whether the period of
conditional release should be extended, or whether another type of action
authorized pursuant to this chapter should be taken.
(2) Upon receipt of a recommendation of the adult parole authority filed
pursuant to this division (D)(1) of this section, the court shall hold a
hearing to determine whether to finalize the termination of the offender's
prison term, to
extend the period of conditional release, or to take another
type of action authorized pursuant to this chapter. The court shall hold the
hearing no later than the date on which the five-year period of conditional
release terminates and shall provide notice of the date, time, place, and
purpose of the hearing to the offender and to the prosecuting attorney. At
the hearing, the offender, the prosecuting attorney, and the adult
parole authority employee who supervised the offender during the period of
conditional release may make a statement and present evidence. (2) If the court determines at the hearing to extend an offender's period of conditional
release, it may do so for additional periods of one year in the same manner
as the original period of conditional release, and, except as otherwise
described in this division, all procedures and requirements that applied to
the original period of conditional release apply to the additional period of
extended conditional release unless the court modifies a procedure or
requirement. If an offender's period of conditional release is extended as
described in this division, all references to a five-year period of
conditional release that are contained in division (D)(1) of this
section shall be construed, in applying the provisions of that division to the
extension, as being references to the one-year period of the extension of the
conditional release.
If the court determines at the hearing to take another type of action authorized pursuant
to this chapter, it may do so in the same manner as if the action had been
taken at any other stage of the proceedings under this chapter.
As used in this division, "another type of action" includes the revocation of
the conditional release and the return of the offender to a state correctional
institution to continue to serve the prison term. If the court determines at the hearing to finalize the termination of the offender's
prison term,
it shall notify the department of rehabilitation and
correction, the department shall enter into its records a final release and
issue to the offender a certificate of final release, and the prison term
thereafter shall be considered completed and terminated in every
way. (3) The termination of the an offender's prison term pursuant to
division (D)(1) or (2) of this
section does not affect the classification of the
offender, as described in division
(F) of section 2971.03 of the Revised Code, as a sexual predator for
purposes of Chapter 2950. of the Revised Code, and does not terminate the adult parole authority's supervision of a sexually violent predator the offender, and, if the court had required the supervision of the offender to be pursuant to division (E) of this section, does not terminate the supervision of the offender with an active global positioning system device, pursuant to that division (E) of this section. The classification of the offender as a sexual predator is permanent and continues until the offender's death as described in division (D)(2) of section 2950.09 of the Revised Code. (E) The adult parole authority shall supervise If a prison term imposed upon an offender whose prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code is modified as provided in division (C) of this section or whose prison term is terminated as provided in division (D) of this section, the adult parole authority shall supervise the offender with an active global positioning system device during any time period in which the offender is not incarcerated in a state correctional institution. Unless If a prison term imposed upon an offender pursuant to division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised Code is modified as provided in division (C) of this section or terminated as provided in division (D) of this section, and if the court requires that the adult parole authority's supervision of the offender be pursuant to this division, the authority shall supervise the offender with an active global positioning system device during any time period in which the offender is not incarcerated in a state correctional institution. If the adult parole authority is required to supervise the offender with an active global positioning system device as described in this division, unless the court removes the offender's classification as a sexually violent predator, an regarding an offender whose prison term was imposed under division (A)(3) of section 2971.03 of the Revised Code or terminates the requirement that supervision of the offender be pursuant to this division regarding an offender whose prison term was imposed under division (B)(1)(a), (b), or (c) or (2)(a), (b), or (c) of section 2971.03 of the Revised Code, the offender is subject to supervision with an active global positioning system pursuant to this division for the offender's entire life. The costs of administering the supervision of sexually violent offenders with an active global positioning system device pursuant to this division shall be paid out of funds from the reparations fund, created pursuant to section 2743.191 of the Revised Code. This division shall only apply to a sexually violent predator sentenced pursuant to division (A)(3) of section 2971.03 of the Revised Code who is released from the custody of the department of rehabilitation and correction on or after the effective date of this amendment September 29, 2005 or an offender sentenced pursuant to division (B)(1) or (2) of section 2971.03 of the Revised Code on or after the effective date of this amendment.
Sec. 2971.06. If an offender is serving a prison term imposed under division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, if, pursuant to section 2971.05 of the Revised Code, the court
modifies the requirement
that the offender serve the entire prison term in a state correctional
institution or places the offender on conditional release,
and if, at any time after the offender has been
released from serving the term in an institution, the department
of rehabilitation and correction or the prosecuting attorney
learns or obtains
information indicating that the offender has violated a term or
condition of the modification or conditional release or believes there is a
substantial likelihood that the offender has committed or is about to commit
a sexually violent offense, all of the following apply: (A) The department or the prosecuting attorney
may contact a peace officer, parole officer, or probation officer and
request the officer to take the
offender into custody. If the department contacts a peace
officer, parole officer, or probation officer and requests that the offender
be taken into custody, the
department shall notify the prosecuting attorney that it made the
request and shall provide the reasons for which it made the
request. Upon receipt of a request that an offender be taken
into custody, a peace officer, parole officer, or probation officer shall take
the offender in question
into custody and promptly shall notify
the department and the prosecuting attorney, in writing, that the
offender was taken into custody. After the offender has been
taken into custody, the department or the prosecuting attorney
shall notify the court of the violation or the belief that there is
a substantial likelihood that the offender has committed or is
about to commit a sexually violent offense, and
the prosecuting attorney may request that the court, pursuant
to section 2971.05 of the Revised Code, revise the modification.
An offender may be held in custody under this
provision for no longer than thirty days,
pending a determination pursuant to section 2971.05 of the Revised Code of
whether the modification of the requirement that the offender
serve the entire prison term in a state correctional institution
should be revised. If the court fails to make a determination
under that section regarding the prosecuting attorney's
request within thirty days after the offender was taken into
custody, the offender shall be released from custody and shall be
subject to the same terms and conditions as existed under the
then-existing modification of the requirement that the offender
serve the entire prison term in a state correctional institution, provided
that if the act that resulted in the offender being taken into custody under
this division
is a criminal offense and if the offender is arrested for that act, the
offender may be retained in custody in accordance with the applicable law. (B) If the offender is not taken into custody pursuant
to division (A) of this section, the department or the
prosecuting attorney shall notify the court of the known or suspected
violation or of the belief that there is a substantial likelihood that the
offender
has committed or is about to commit a sexually violent offense. If
the department provides the notification to the court, it also
shall notify the prosecuting attorney that it provided the
notification and shall provide the reasons for which it provided
the notification. The prosecuting attorney may request that the
court, pursuant to section 2971.05 of the Revised Code, revise the
modification.
Sec. 2971.07. (A) This chapter does not
apply to any offender unless the offender is convicted of or
pleads guilty to a violent sex offense and also is convicted of
or pleads guilty to a sexually violent predator specification
that was included in the indictment, count in the indictment, or
information charging that offense or, unless the offender is
convicted of or pleads guilty to a designated homicide, assault, or kidnapping
offense and also is convicted of or pleads guilty
to both a sexual motivation specification and a sexually violent
predator specification that were included in the indictment,
count in the indictment, or information charging that offense, unless the offender is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment, and the court does not sentence the offender to a term of life without parole pursuant to division (B) of section 2907.02 of the Revised Code or division (B) of that section prohibits the court from sentencing the offender pursuant to section 2971.03 of the Revised Code, or unless the offender is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment and also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code. (B) This chapter does not limit or affect a
court that sentences an offender who is convicted of or pleads
guilty to a violent sex offense and also is convicted of or
pleads guilty to a sexually violent predator specification or, a
court that sentences an offender who is convicted of or pleads
guilty to a designated homicide, assault, or kidnapping offense
and also is convicted of or pleads guilty to both a sexual
motivation specification and a sexually violent predator
specification, a court that sentences an offender who is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment pursuant to section 2971.03 of the Revised Code, or a court that sentences an offender who is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment and also is convicted of or pleads guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code in imposing upon the offender any
financial sanction under section 2929.18
or any other section of the Revised Code, or, except
as specifically provided in this chapter,
any other sanction that is authorized or required for the offense or violation
by any other provision of law. (C) If an offender is sentenced to a prison term under division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code and if, pursuant to section 2971.05 of the Revised Code, the court modifies
the
requirement that the offender serve
the entire prison term in a state correctional institution or places the
offender on conditional release that involves the placement of the offender
under the supervision of the adult parole authority, authorized field officers
of the authority who are engaged within the scope of their supervisory duties
or responsibilities may search, with or without a warrant, the person of the
offender, the place of residence of the offender, and a motor vehicle, another
item of tangible or intangible personal property, or any other real property
in which the offender has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the field officer has
reasonable grounds to believe that the offender is not abiding by the law or
otherwise is not complying with the terms and conditions of the offender's
modification or release. The authority shall provide each offender with a
written notice that informs the offender that authorized field officers of the
authority who are engaged within the scope of their supervisory duties or
responsibilities may conduct those types of searches during the period of the
modification or release if they have reasonable grounds to believe that the
offender is not abiding by the law or otherwise is not complying with the
terms and conditions of the offender's modification or release.
Sec. 3109.04. (A) In any divorce, legal separation, or
annulment proceeding and in any proceeding pertaining to the
allocation of parental rights and responsibilities for the care
of
a child, upon hearing the testimony of either or both parents
and
considering any mediation report filed pursuant to section
3109.052 of the Revised Code and in accordance with sections
3127.01 to 3127.53 of the Revised Code, the court shall allocate
the parental rights and responsibilities for the care of the
minor
children of the marriage. Subject to division (D)(2) of
this
section, the court may allocate the parental rights and
responsibilities for the care of the children in either of the
following ways: (1) If neither parent files a pleading or motion in
accordance with division (G) of this section, if at least one
parent files a pleading or motion under that division but no
parent who filed a pleading or motion under that division also
files a plan for shared parenting, or if at least one parent
files
both a pleading or motion and a shared parenting plan under
that
division but no plan for shared parenting is in the best
interest
of the children, the court, in a manner consistent with
the best
interest of the children, shall allocate the parental
rights and
responsibilities for the care of the children
primarily to one of
the parents, designate that parent as the
residential parent and
the legal custodian of the child, and
divide between the parents
the other rights and responsibilities
for the care of the
children, including, but not limited to, the
responsibility to
provide support for the children and the right
of the parent who
is not the residential parent to have
continuing contact with the
children. (2) If at least one parent files a pleading or motion in
accordance with division (G) of this section and a plan for
shared
parenting pursuant to that division and if a plan for
shared
parenting is in the best interest of the children and is
approved
by the court in accordance with division (D)(1) of this
section,
the court may allocate the parental rights and
responsibilities
for the care of the children to both parents and
issue a shared
parenting order requiring the parents to share all
or some of the
aspects of the physical and legal care of the
children in
accordance with the approved plan for shared
parenting. If the
court issues a shared parenting order under
this division and it
is necessary for the purpose of receiving
public assistance, the
court shall designate which one of the
parents' residences is to
serve as the child's home. The child
support obligations of the
parents under a shared parenting order
issued under this division
shall be determined in accordance with
Chapters 3119., 3121.,
3123.,
and 3125. of the Revised Code. (B)(1) When making the allocation of the parental rights
and
responsibilities for the care of the children under this
section
in an original proceeding or in any proceeding for
modification of
a prior order of the court making the allocation,
the court shall
take into account that which would be in the best
interest of the
children. In determining the child's best
interest for purposes
of making its allocation of the parental
rights and
responsibilities for the care of the child and for
purposes of
resolving any issues related to the making of that
allocation, the
court, in its discretion, may and, upon the
request of either
party, shall interview in chambers any or all
of the involved
children regarding their wishes and concerns with
respect to the
allocation. (2) If the court interviews any child pursuant to division
(B)(1) of this section, all of the following apply: (a) The court, in its discretion, may and, upon the motion
of either parent, shall appoint a guardian ad litem for the
child. (b) The court first shall determine the reasoning ability
of
the child. If the court determines that the child does not
have
sufficient reasoning ability to express the child's
wishes and
concern with respect to the allocation of parental rights and
responsibilities for the care of the child, it shall not
determine
the child's wishes and concerns with respect to the
allocation.
If the court determines that the child has
sufficient reasoning
ability to express the child's wishes
or concerns
with respect to
the allocation, it then shall determine whether,
because of
special circumstances, it would not be in the best
interest of the
child to determine the child's wishes and
concerns with respect to
the allocation. If the court determines
that, because of special
circumstances, it would not be in the
best interest of the child
to determine the child's wishes and
concerns with respect to the
allocation, it shall not determine
the child's wishes and concerns
with respect to the allocation
and shall enter its written
findings of fact and opinion in the
journal. If the court
determines that it would be in the best
interests of the child to
determine the child's wishes and
concerns with respect to the
allocation, it shall proceed to make
that determination. (c) The interview shall be conducted in chambers, and no
person other than the child, the child's attorney, the judge, any
necessary court personnel, and, in the judge's discretion, the
attorney of each parent shall be permitted to be present in the
chambers during the interview. (3) No person shall obtain or attempt to obtain from a
child
a written or recorded statement or affidavit setting forth
the
child's wishes and concerns regarding the allocation of
parental
rights and responsibilities concerning the child. No
court, in
determining the child's best interest for purposes of
making its
allocation of the parental rights and responsibilities
for the
care of the child or for purposes of resolving any issues
related
to the making of that allocation, shall accept or
consider a
written or recorded statement or affidavit that
purports to set
forth the child's wishes and concerns regarding
those matters. (C) Prior to trial, the court may cause an investigation
to
be made as to the character, family relations, past conduct,
earning ability, and financial worth of each parent and may order
the parents and their minor children to submit to medical,
psychological, and psychiatric examinations. The report of the
investigation and examinations shall be made available to either
parent or the parent's counsel of record not less than five
days
before
trial, upon written request. The report shall be signed by
the
investigator, and the investigator shall be subject to
cross-examination by either parent concerning the contents of the
report. The court may tax as costs all or any part of the
expenses for each investigation. If the court determines that either parent previously has
been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being a neglected
child, that either parent previously has been determined to be
the
perpetrator of the neglectful act that is the basis of an
adjudication that a child is a neglected child, or that there is
reason to believe that either parent has acted in a manner
resulting in a child being a neglected child, the court shall
consider that fact against naming that parent the residential
parent and against granting a shared parenting decree. When the
court allocates parental rights and responsibilities for the care
of children or determines whether to grant shared parenting in
any
proceeding, it shall consider whether either parent or any member of the household of either parent has been
convicted of or pleaded guilty to a violation of section 2919.25
of the Revised Code or a sexually oriented offense involving a victim who at the time of the
commission of the offense was a member of the family or household
that is the subject of the proceeding, has been convicted of or
pleaded guilty to any sexually oriented offense or other offense involving a victim who at the
time of the commission of the offense was a member of the family
or household that is the subject of the proceeding and caused
physical harm to the victim in the commission of the offense, or
has been determined to be the perpetrator of the abusive act that
is the basis of an adjudication that a child is an abused child.
If the court determines that either parent has been convicted of
or pleaded guilty to a violation of section 2919.25 of the
Revised
Code or a sexually oriented offense involving a victim who at the time of the commission
of the
offense was a member of the family or household that is
the
subject of the proceeding, has been convicted of or pleaded
guilty
to any sexually oriented offense or other offense involving a victim who at the time of
the
commission of the offense was a member of the family or
household
that is the subject of the proceeding and caused
physical harm to
the victim in the commission of the offense, or
has been
determined to be the perpetrator of the abusive act that
is the
basis of an adjudication that a child is an abused child,
it may
designate that parent as the residential parent and may
issue a
shared parenting decree or order only if it determines
that it is
in the best interest of the child to name that parent
the
residential parent or to issue a shared parenting decree or
order
and it makes specific written findings of fact to support
its
determination. (D)(1)(a) Upon the filing of a pleading or motion by
either
parent or both parents, in accordance with division (G) of
this
section, requesting shared parenting and the filing of a
shared
parenting plan in accordance with that division, the court
shall
comply with division (D)(1)(a)(i), (ii), or (iii) of this
section,
whichever is applicable: (i) If both parents jointly make the request in their
pleadings or jointly file the motion and also jointly file the
plan, the court shall review the parents' plan to determine if it
is in the best interest of the children. If the court determines
that the plan is in the best interest of the children, the court
shall approve it. If the court determines that the plan or any
part of the plan is not in the best interest of the children, the
court shall require the parents to make appropriate changes to
the
plan to meet the court's objections to it. If changes to the
plan
are made to meet the court's objections, and if the new plan
is in
the best interest of the children, the court shall approve
the
plan. If changes to the plan are not made to meet the
court's
objections, or if the parents attempt to make changes to
the plan
to meet the court's objections, but the court determines
that the
new plan or any part of the new plan still is not in the
best
interest of the children, the court may reject the portion
of the
parents' pleadings or deny their motion requesting shared
parenting of the children and proceed as if the request in the
pleadings or the motion had not been made. The court shall not
approve a plan under this division unless it determines that the
plan is in the best interest of the children. (ii) If each parent makes a request in the parent's
pleadings or
files a motion and each also files a separate plan,
the
court shall review each plan filed to determine if either is
in
the best interest of the children. If the court determines
that
one of the filed plans is in the best interest of the
children,
the court may approve the plan. If the court determines
that
neither filed plan is in the best interest of the children,
the
court may order each parent to submit appropriate changes to
the parent's plan or both of the filed plans to meet the court's
objections, or may select one of the filed plans and order each
parent to submit appropriate changes to the selected plan to meet
the court's objections. If changes to the plan or plans are
submitted to meet the court's objections, and if any of the filed
plans with the changes is in the best interest of the children,
the court may approve the plan with the changes. If changes to
the plan or plans are not submitted to meet the court's
objections, or if the parents submit changes to the plan or plans
to meet the court's objections but the court determines that none
of the filed plans with the submitted changes is in the best
interest of the children, the court may reject the portion of the
parents' pleadings or deny their motions requesting shared
parenting of the children and proceed as if the requests in the
pleadings or the motions had not been made. If the court
approves
a plan under this division, either as originally filed
or with
submitted changes, or if the court rejects the portion of
the
parents' pleadings or denies their motions requesting shared
parenting under this division and proceeds as if the requests in
the pleadings or the motions had not been made, the court shall
enter in the record of the case findings of fact and conclusions
of law as to the reasons for the approval or the rejection or
denial. Division (D)(1)(b) of this section applies in relation
to
the approval or disapproval of a plan under this division. (iii) If each parent makes a request in the parent's
pleadings or
files a motion but only one parent files a plan, or
if
only
one parent makes a request in the parent's pleadings or
files a motion and
also files a plan, the court in the best
interest of the children
may order the other parent to file a plan
for shared parenting in
accordance with division (G) of this
section. The court shall
review each plan filed to determine if
any plan is in the best
interest of the children. If the court
determines that one of
the filed plans is in the best interest of
the children, the
court may approve the plan. If the court
determines that no
filed plan is in the best interest of the
children, the court may
order each parent to submit appropriate
changes to the
parent's plan
or both of the filed plans to meet
the court's objections or may
select one filed plan and order each
parent to submit appropriate
changes to the selected plan to meet
the court's objections. If
changes to the plan or plans are
submitted to meet the court's
objections, and if any of the filed
plans with the changes is in
the best interest of the children,
the court may approve the plan
with the changes. If changes to
the plan or plans are not
submitted to meet the court's
objections, or if the parents
submit changes to the plan or plans
to meet the court's
objections but the court determines that none
of the filed plans
with the submitted changes is in the best
interest of the
children, the court may reject the portion of the
parents'
pleadings or deny the parents' motion or reject the
portion of
the parents' pleadings or deny their motions requesting
shared
parenting of the children and proceed as if the request or
requests or the motion or motions had not been made. If the
court
approves a plan under this division, either as originally
filed or
with submitted changes, or if the court rejects the
portion of the
pleadings or denies the motion or motions
requesting shared
parenting under this division and proceeds as
if the request or
requests or the motion or motions had not been
made, the court
shall enter in the record of the case findings of
fact and
conclusions of law as to the reasons for the approval or
the
rejection or denial. Division (D)(1)(b) of this section
applies
in relation to the approval or disapproval of a plan
under this
division. (b) The approval of a plan under division (D)(1)(a)(ii) or
(iii) of this section is discretionary with the court. The court
shall not approve more than one plan under either division and
shall not approve a plan under either division unless it
determines that the plan is in the best interest of the children.
If the court, under either division, does not determine that any
filed plan or any filed plan with submitted changes is in the
best
interest of the children, the court shall not approve any
plan. (c) Whenever possible, the court shall require that a
shared
parenting plan approved under division (D)(1)(a)(i), (ii),
or
(iii) of this section ensure the opportunity for both parents
to
have frequent and continuing contact with the child, unless
frequent and continuing contact with any parent would not be in
the best interest of the child. (d) If a court approves a shared parenting plan under
division (D)(1)(a)(i), (ii), or (iii) of this section, the
approved plan shall be incorporated into a final shared parenting
decree granting the parents the shared parenting of the children.
Any final shared parenting decree shall be issued at the same
time
as and shall be appended to the final decree of dissolution,
divorce, annulment, or legal separation arising out of the action
out of which the question of the allocation of parental rights
and
responsibilities for the care of the children arose. No provisional shared parenting decree shall be issued in
relation to any shared parenting plan approved under division
(D)(1)(a)(i), (ii), or (iii) of this section. A final shared
parenting decree issued under this division has immediate effect
as a final decree on the date of its issuance, subject to
modification or termination as authorized by this section. (2) If the court finds, with respect to any child under
eighteen years of age, that it is in the best interest of the
child for neither parent to be designated the residential parent
and legal custodian of the child, it may commit the child to a
relative of the child or certify a copy of its findings, together
with as much of the record and the further information, in
narrative form or otherwise, that it considers necessary or as
the
juvenile court requests, to the juvenile court for further
proceedings, and, upon the certification, the juvenile court has
exclusive jurisdiction. (E)(1)(a) The court shall not modify a prior decree
allocating parental rights and responsibilities for the care of
children unless it finds, based on facts that have arisen since
the prior decree or that were unknown to the court at the time of
the prior decree, that a change has occurred in the circumstances
of the child, the child's residential parent, or either of
the
parents
subject to a shared parenting decree, and that the
modification
is necessary to serve the best interest of the child.
In
applying these standards, the court shall retain the
residential
parent designated by the prior decree or the prior
shared
parenting decree, unless a modification is in the best
interest
of the child and one of the following applies: (i) The residential parent agrees to a change in the
residential parent or both parents under a shared parenting
decree
agree to a change in the designation of residential parent. (ii) The child, with the consent of the residential parent
or of both parents under a shared parenting decree, has been
integrated into the family of the person seeking to become the
residential parent. (iii) The harm likely to be caused by a change of
environment is outweighed by the advantages of the change of
environment to the child. (b) One or both of the parents under a prior decree
allocating parental rights and responsibilities for the care of
children that is not a shared parenting decree may file a motion
requesting that the prior decree be modified to give both parents
shared rights and responsibilities for the care of the children.
The motion shall include both a request for modification of the
prior decree and a request for a shared parenting order that
complies with division (G) of this section. Upon the filing of
the motion, if the court determines that a modification of the
prior decree is authorized under division (E)(1)(a) of this
section, the court may modify the prior decree to grant a shared
parenting order, provided that the court shall not modify the
prior decree to grant a shared parenting order unless the court
complies with divisions (A) and (D)(1) of this section and, in
accordance with those divisions, approves the submitted shared
parenting plan and determines that shared parenting would be in
the best interest of the children. (2) In addition to a modification authorized under
division
(E)(1) of this section: (a) Both parents under a shared parenting decree jointly
may
modify the terms of the plan for shared parenting approved by
the
court and incorporated by it into the shared parenting
decree.
Modifications under this division may be made
at any time. The
modifications to the plan shall be filed
jointly by both parents
with the court, and the court shall
include them in the plan,
unless they are not in the best
interest of the children. If the
modifications are not in the best interests
of the children, the
court, in its discretion, may reject the
modifications or make
modifications to the proposed modifications or the plan
that are
in the best interest of the children. Modifications jointly
submitted by both parents under a shared parenting decree shall be
effective,
either as originally filed
or as modified by the court,
upon their
inclusion by the court in the plan. Modifications to
the plan made by the
court shall be effective upon their inclusion
by the court in the plan. (b) The court may modify the terms of the plan for shared
parenting approved by the court and incorporated by it into the
shared parenting decree upon its own motion at any time if the
court
determines that the modifications are in the best interest
of the children or
upon the request of one or both of the
parents
under the decree. Modifications under this division may
be made
at any time. The court shall not make any
modification to the
plan under this division, unless the
modification is in the best
interest of the children. (c) The court may terminate a prior final shared parenting
decree that includes a shared parenting plan approved under
division (D)(1)(a)(i) of this section upon the request of one or
both of the parents or whenever it determines that shared
parenting is not in the best interest of the children. The court
may terminate a prior final shared parenting decree that includes
a shared parenting plan approved under division (D)(1)(a)(ii) or
(iii) of this section if it determines, upon its own motion or
upon the request of one or both parents, that shared parenting is
not in the best interest of the children. If modification of the
terms of the plan for shared parenting approved by the court and
incorporated by it into the final shared parenting decree is
attempted under division (E)(2)(a) of this section and the court
rejects the modifications, it may terminate the final shared
parenting decree if it determines that shared parenting is not in
the best interest of the children. (d) Upon the termination of a prior final shared
parenting
decree under division (E)(2)(c) of this section,
the court shall
proceed and issue a modified decree for the
allocation of parental
rights and responsibilities for the care
of the children under the
standards applicable under divisions
(A), (B), and (C) of this
section as if no decree for shared
parenting had been granted and
as if no request for shared
parenting ever had been made. (F)(1) In determining the best interest of a child
pursuant
to this section, whether on an original decree
allocating parental
rights and responsibilities for the care of
children or a
modification of a decree allocating those rights
and
responsibilities, the court shall consider all relevant
factors,
including, but not limited to: (a) The wishes of the child's parents regarding the child's
care; (b) If the court has interviewed the child in chambers
pursuant to division (B) of this section regarding the child's
wishes and concerns as to the allocation of parental rights and
responsibilities concerning the child, the wishes and concerns of
the child, as expressed to the court; (c) The child's interaction and interrelationship with the
child's parents, siblings, and any other person who may
significantly
affect the child's best interest; (d) The child's adjustment to the child's home, school, and
community; (e) The mental and physical health of all persons involved
in the situation; (f) The parent more likely to honor and facilitate
court-approved parenting time rights or
visitation and
companionship rights; (g) Whether either parent has failed to make all child
support payments, including all arrearages, that are required of
that parent pursuant to a child support order under which that
parent is an obligor; (h) Whether either parent or any member of the household of either parent previously has been convicted of
or pleaded guilty to any criminal offense involving any act that
resulted in a child being an abused child or a neglected child;
whether either parent, in a case in which a child has been
adjudicated an abused child or a neglected child, previously has
been determined to be the perpetrator of the abusive or
neglectful
act that is the basis of an adjudication; whether
either parent or any member of the household of either parent
previously has been convicted of or pleaded guilty
to a violation
of section 2919.25 of the Revised Code or a sexually oriented offense involving a
victim who at
the time of the commission of the offense was a
member of the
family or household that is the subject of the
current proceeding;
whether either parent or any member of the household of either parent previously has been
convicted of or pleaded
guilty to any offense involving a victim
who at the time of the
commission of the offense was a member of
the family or household
that is the subject of the current
proceeding and caused physical
harm to the victim in the
commission of the offense; and whether
there is reason to believe
that either parent has acted in a
manner resulting in a child
being an abused child or a neglected
child; (i) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and
willfully denied the other parent's right to
parenting time
in
accordance with an order of the court; (j) Whether either parent has established a residence, or
is
planning to establish a residence, outside this state. (2) In determining whether shared parenting is in the best
interest of the children, the court shall consider all relevant
factors, including, but not limited to, the factors enumerated in
division (F)(1) of this section, the factors enumerated in
section
3119.23
of the Revised Code, and all
of the following
factors: (a) The ability of the parents to cooperate and make
decisions jointly, with respect to the children; (b) The ability of each parent to encourage the sharing of
love, affection, and contact between the child and the other
parent; (c) Any history of, or potential for, child abuse, spouse
abuse, other domestic violence, or parental kidnapping by either
parent; (d) The geographic proximity of the parents to each other,
as the proximity relates to the practical considerations of
shared
parenting; (e) The recommendation of the guardian ad litem of the
child, if the child has a guardian ad litem. (3) When allocating parental rights and responsibilities
for
the care of children, the court shall not give preference to
a
parent because of that parent's financial status or condition. (G) Either parent or both parents of any children may file
a
pleading or motion with the court requesting the court to grant
both parents shared parental rights and responsibilities for the
care of the children in a proceeding held pursuant to division
(A)
of this section. If a pleading or motion requesting shared
parenting is filed, the parent or parents filing the pleading or
motion also shall file with the court a plan for the exercise of
shared parenting by both parents. If each parent files a
pleading
or motion requesting shared parenting but only one
parent files a
plan or if only one parent files a
pleading
or motion requesting
shared parenting and also files a plan, the
other parent as
ordered by the court shall file with the court a
plan for the
exercise of shared parenting by both parents. The
plan for shared
parenting shall be filed with the petition for
dissolution of
marriage, if the question of parental rights and
responsibilities
for the care of the children arises out of an
action for
dissolution of marriage, or, in other cases, at a time
at least
thirty days prior to the hearing on the issue of the
parental
rights and responsibilities for the care of the
children. A plan
for shared parenting shall include provisions
covering all factors
that are relevant to the care of the
children, including, but not
limited to, provisions covering
factors such as physical living
arrangements, child support
obligations, provision for the
children's medical and dental
care, school placement, and the
parent with which the children will be
physically located during
legal holidays, school holidays, and other days of
special
importance. (H) If an appeal is taken from a decision of a court that
grants or modifies a decree allocating parental rights and
responsibilities for the care of children, the court of appeals
shall give the case calendar priority and handle it
expeditiously. (I) As used in this section, "abused: (1) "Abused child" has the same
meaning as in section 2151.031 of the Revised Code, and
"neglected
child" has the same meaning as in section 2151.03 of
the Revised
Code.
(2) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code. (J) As used in the Revised Code, "shared parenting" means
that the parents share, in the manner set forth in the plan for
shared parenting that is approved by the court under division
(D)(1) and described in division (K)(6) of this section, all or
some of the
aspects of physical
and legal care of their children. (K) For purposes of the Revised Code: (1) A parent who is granted the care, custody, and control
of a child under an order that was issued pursuant to this
section
prior to April 11, 1991, and that does not provide for
shared
parenting has "custody of the child" and "care, custody,
and
control of the child" under the order, and is the
"residential
parent," the "residential parent and legal
custodian," or the
"custodial parent" of the child under the
order. (2) A parent who primarily is allocated the parental
rights
and responsibilities for the care of a child and who is
designated
as the residential parent and legal custodian of the
child under
an order that is issued pursuant to this section on
or after April
11, 1991, and that does not provide for shared
parenting has
"custody of the child" and "care, custody, and
control of the
child" under the order, and is the "residential
parent," the
"residential parent and legal custodian," or the
"custodial
parent" of the child under the order. (3) A parent who is not granted custody of a child under
an
order that was issued pursuant to this section prior to April
11,
1991, and that does not provide for shared parenting is the
"parent who is not the residential parent," the "parent who is
not
the residential parent and legal custodian," or the
"noncustodial
parent" of the child under the order. (4) A parent who is not primarily allocated the parental
rights and responsibilities for the care of a child and who is
not
designated as the residential parent and legal custodian of
the
child under an order that is issued pursuant to this section
on or
after April 11, 1991, and that does not provide for shared
parenting is the "parent who is not the residential parent," the
"parent who is not the residential parent and legal custodian,"
or
the "noncustodial parent" of the child under the order. (5) Unless the context clearly requires otherwise, if an
order is issued by a court pursuant to this section and the order
provides for shared parenting of a child, both parents have
"custody of the child" or "care, custody, and control of the
child" under the order, to the extent and in the manner specified
in the order. (6) Unless the context clearly requires otherwise and
except
as otherwise provided in the order, if an order is issued
by a
court pursuant to this section and the order provides for
shared
parenting of a child, each parent, regardless of where the child
is
physically located or with whom the child is residing at a
particular point in
time, as specified in the order,
is the
"residential parent," the "residential parent and legal
custodian," or the "custodial parent" of the child. (7) Unless the context clearly requires otherwise and
except
as otherwise provided in the order, a designation in the order of
a
parent as the residential parent for the purpose of determining
the school the
child attends, as the custodial parent for purposes
of claiming the child as a
dependent pursuant to section 152(e) of
the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A.
1, as amended, or as the residential parent for
purposes of
receiving public assistance pursuant to division (A)(2) of this
section, does not affect the designation pursuant to division
(K)(6) of this
section of each parent as the "residential parent,"
the "residential parent
and legal custodian," or the "custodial
parent" of the child.
(L) The court shall require each parent of a child to file an affidavit attesting as to whether the parent, and the members of the parent's household, have been convicted of or pleaded guilty to any of the offenses identified in divisions (C) and (F)(1)(h) of this section. Sec. 3113.31. (A) As used in this section: (1) "Domestic violence" means the occurrence of one or
more
of the following acts against a family or household member: (a) Attempting to cause or recklessly causing bodily
injury; (b) Placing another person by the threat of force in fear
of
imminent serious physical harm or committing a violation of
section 2903.211 or 2911.211 of the Revised Code; (c) Committing any act with respect to a child that would
result in the child being an abused child, as defined in section
2151.031 of the Revised Code; (d) Committing a sexually oriented offense. (2) "Court" means the domestic relations division of the
court of common pleas in counties that have a domestic relations
division, and the court of common pleas in counties that do not
have a domestic relations division. (3) "Family or household member" means any of the
following: (a) Any of the following who is residing with or has resided
with the
respondent: (i) A spouse, a person living as a spouse, or a former
spouse of the respondent; (ii) A parent or a child of the respondent, or another
person related by consanguinity or affinity to the respondent; (iii) A parent or a child of a spouse, person living as a
spouse, or former spouse of the respondent, or another person
related by consanguinity or affinity to a spouse, person living
as
a spouse, or former spouse of the respondent. (b) The natural parent of any child of whom the respondent
is the other
natural parent or is the putative other natural
parent. (4) "Person living as a spouse" means a person who is
living
or has lived with the respondent in a common law marital
relationship, who otherwise is cohabiting with the respondent,
or
who otherwise has cohabited with the respondent within
five years
prior to the date of the alleged occurrence of the act in
question. (5) "Victim advocate" means a person who provides support
and assistance for
a person who files a petition under this
section.
(6) "Sexually oriented offense" has the same meaning as in section 2950.01 of the Revised Code. (B) The court has jurisdiction over all proceedings under
this section. The petitioner's right to relief under this
section
is not affected by the petitioner's leaving the residence or
household
to avoid further domestic violence. (C) A person may seek relief under this section on the
person's own behalf, or any parent or adult household member
may
seek relief under this section on behalf of any other family or
household
member, by filing a petition with the court. The
petition shall contain or
state: (1) An allegation that the respondent engaged in domestic
violence against a family or household member of the respondent,
including a description of the nature and extent of the domestic
violence, or committed a sexually oriented offense against the petitioner or the victim if other than the petitioner; (2) The relationship of the respondent to the petitioner,
and to the victim if other than the petitioner; (3) A request for relief under this section. (D)(1) If a person who files a petition pursuant to this
section requests an ex parte order, the court shall hold an ex
parte hearing on the same day that the petition is filed. The
court, for good cause shown at the ex parte hearing, may enter
any
temporary orders, with or without bond, including, but not
limited
to, an order described in division (E)(1)(a), (b), or (c)
of this
section, that the court finds necessary to protect the
family or
household member from domestic violence or to protect the petitioner or victim from a sexually oriented offense. Immediate and
present
danger of domestic violence to the family or household
member
or of a sexually oriented offense to the petitioner or victim constitutes good cause for purposes of this section.
Immediate and
present danger includes, but is not limited to,
situations in
which the respondent has threatened the family or
household member
with bodily harm, in which the respondent has threatened the petitioner or victim family or household member with a sexually oriented offense, or in which the respondent
previously has been
convicted of or pleaded guilty to an
offense that constitutes
domestic violence against the family or
household member or a sexually oriented offense against the petitioner or victim. (2)(a) If the court, after an ex parte hearing, issues an
order
described in division (E)(1)(b) or (c) of this section, the
court
shall schedule a full hearing for a date that is within
seven
court days after the ex parte hearing. If any other type of
protection order that is authorized under division (E) of this
section is issued by the court after an ex parte hearing, the
court shall
schedule a full hearing for a date that is within ten
court days after the ex parte hearing. The court shall give the
respondent
notice of, and an
opportunity to be heard at, the full
hearing. The court shall hold the
full hearing on the date
scheduled under this division unless the court grants
a
continuance of the hearing in accordance with this division.
Under
any of
the following circumstances or for any of the
following
reasons, the court may
grant a continuance of the full
hearing to
a reasonable time determined by the
court: (i) Prior to the date scheduled for the full hearing under
this
division, the respondent has not been served with the
petition filed pursuant
to this section and notice of the full
hearing. (ii) The parties consent to the continuance. (iii) The continuance is needed to allow a party to obtain
counsel. (iv) The continuance is needed for other good cause. (b) An ex parte order issued under this section does not
expire
because of a failure to serve notice of the full hearing
upon the respondent
before the date set for the full hearing under
division
(D)(2)(a) of this section or because the court grants a
continuance under that division. (3) If a person who files a petition pursuant to this
section
does not request an ex parte order, or if a person
requests an ex
parte order but the court does not issue an ex
parte order after
an ex parte hearing, the court shall proceed as
in a normal civil
action and grant a full hearing on the matter. (E)(1) After an ex parte or full hearing, the court may
grant any protection order, with or without bond, or approve any
consent agreement to bring about a cessation of domestic violence
against the family or household members. The order or agreement
may: (a) Direct the respondent to refrain from abusing or from committing sexually oriented offenses against the
family
or household members, or from committing sexually oriented offenses against the petitioner or victim; (b) Grant possession of the residence or household to the
petitioner or other family or household member, to the exclusion
of the respondent, by evicting the respondent, when the residence
or household is owned or leased solely by the petitioner or other
family or household member, or by ordering the respondent to
vacate the premises, when the residence or household is jointly
owned or leased by the respondent, and the petitioner or other
family or household member; (c) When the respondent has a duty to support the
petitioner
or other family or household member living in the
residence or
household and the respondent is the sole owner or
lessee of the
residence or household, grant possession of the
residence or
household to the petitioner or other family or
household member,
to the exclusion of the respondent, by ordering
the respondent to
vacate the premises, or, in the case of a
consent agreement, allow
the respondent to provide suitable,
alternative housing; (d) Temporarily allocate parental rights and
responsibilities for the care
of, or establish temporary
parenting
time rights with regard to, minor children,
if no other
court has
determined, or is determining, the allocation of
parental rights
and
responsibilities for the minor children or
parenting
time
rights; (e) Require the respondent to maintain support, if the
respondent customarily provides for or contributes to the support
of the family or household member, or if the respondent has a
duty
to support the petitioner or family or household member; (f) Require the respondent, petitioner, victim of domestic
violence, or any combination of those persons, to seek
counseling; (g) Require the respondent to refrain from entering the
residence, school, business, or place of employment of the
petitioner or family or household member; (h) Grant other relief that the court considers equitable
and fair, including, but not limited to, ordering the respondent
to permit the use of a motor vehicle by the petitioner or other
family or household member and the apportionment of household and
family personal property. (2) If a protection order has been issued pursuant to this
section in a prior action involving the respondent and the
petitioner or one or more of the family or household members or victims, the
court may include in a protection order that it issues a
prohibition against the respondent returning to the residence or
household. If it includes a prohibition against the
respondent
returning to the residence or household
in the order, it also
shall include in the order provisions
of the type described in
division
(E)(7) of this section. This
division does not preclude
the court from including in a
protection order or consent
agreement, in circumstances other
than those described in this
division, a requirement that the
respondent be evicted from or
vacate the residence or household
or refrain from entering the
residence, school, business, or
place of employment of the
petitioner or a family or household
member, and, if the court
includes any requirement of that type in an order
or agreement,
the court also shall include in the order
provisions of the type
described in division
(E)(7) of this section. (3)(a) Any protection order issued or consent
agreement
approved under this section
shall be valid until a date certain,
but not later than
five years from the date of its issuance or
approval unless modified or terminated as provided in division (E)(8) of this section. (b) Subject to the limitation on the duration of an order or
agreement set
forth in division (E)(3)(a) of this section, any
order under
division (E)(1)(d) of this section shall terminate on
the date that a court in
an action for divorce,
dissolution of
marriage, or legal separation brought by the petitioner or
respondent issues an order allocating parental rights and
responsibilities for
the care of children or on the date that a
juvenile court in an action brought
by the petitioner or
respondent issues an order awarding legal custody of
minor
children. Subject to the limitation on the duration of an order
or
agreement set forth in division (E)(3)(a) of this section, any
order under
division (E)(1)(e) of this section shall terminate on
the date that a court in
an action for divorce, dissolution of
marriage, or legal separation brought by
the petitioner or
respondent issues a support order or on the date that a
juvenile
court in an action brought by the petitioner or respondent issues
a
support order. (c) Any protection order issued or consent
agreement
approved pursuant to this section may be renewed in the same
manner as the original order or agreement was issued or approved. (4) A court may not issue a protection order that requires a
petitioner to do
or to refrain from doing an act that the court
may require a respondent to do
or to refrain from doing under
division (E)(1)(a), (b), (c), (d), (e), (g), or
(h) of this
section unless all of the following apply: (a) The respondent files a separate petition for a
protection order in
accordance with this section. (b) The petitioner is served notice of the respondent's
petition at least
forty-eight hours before the court holds a
hearing with respect to the
respondent's petition, or the
petitioner waives the right to receive this
notice. (c) If the petitioner has requested an ex parte order
pursuant to division
(D) of this section, the court does not delay
any hearing required by that
division beyond the time specified in
that division in order to consolidate
the hearing with a hearing
on the petition filed by the respondent. (d) After a full hearing at which the respondent presents
evidence in support
of the request for a protection order and the
petitioner is afforded an
opportunity to defend against that
evidence, the court determines that the
petitioner has committed
an act of domestic violence or has violated a
temporary protection
order issued pursuant to section 2919.26 of the Revised
Code, that
both the petitioner and the respondent acted primarily as
aggressors, and that neither the petitioner nor the respondent
acted primarily
in self-defense. (5) No protection order issued or consent agreement
approved
under this section shall in any
manner affect title to any real
property. (6)(a) If a petitioner, or the child of a petitioner, who
obtains a
protection order or consent agreement pursuant to
division (E)(1) of this
section or a temporary protection order
pursuant to section
2919.26 of the Revised Code and is the subject
of a parenting time order
issued pursuant to section 3109.051 or
3109.12 of the Revised Code or a visitation or
companionship order
issued pursuant to section 3109.051,
3109.11, or 3109.12 of the
Revised Code or division (E)(1)(d) of this section
granting
parenting time rights to
the respondent, the court
may require the
public children services agency of the county in which the
court
is located to provide supervision of the respondent's exercise of
parenting time or visitation or companionship rights with respect
to
the child for a period not
to exceed nine months, if the court
makes the following findings
of fact: (i) The child is in danger from the respondent; (ii) No other person or agency is available to provide the
supervision. (b) A court that requires an agency to provide supervision
pursuant to division (E)(6)(a)
of this section shall order the
respondent to reimburse the agency for the
cost of providing the
supervision, if it determines
that the
respondent has sufficient
income or resources to pay that cost. (7)(a) If a protection order issued or consent agreement
approved
under this section includes a requirement that the
respondent be
evicted from or vacate the residence or household or
refrain
from entering the residence, school, business, or place of
employment of the petitioner or a family or household member, the
order or agreement shall state clearly that the order or
agreement
cannot be waived or nullified by an invitation to the
respondent
from the petitioner or other family or household
member to enter
the residence, school, business, or place of
employment or by the
respondent's entry into one of those places
otherwise upon the
consent of the petitioner or other family or
household member. (b) Division (E)(7)(a) of this section
does not limit any
discretion of a court to
determine that a respondent charged with
a violation of
section 2919.27 of the Revised Code, with a
violation of a
municipal ordinance substantially equivalent to
that section, or
with contempt of court, which charge is based on
an alleged
violation of a protection order issued or consent
agreement approved under
this section, did not commit the
violation or was not in contempt of
court.
(8)(a) The court may modify or terminate as provided in division (E)(8) of this section a protection order or consent agreement that was issued after a full hearing under this section. The court that issued the protection order or approved the consent agreement shall hear a motion for modification or termination of the protection order or consent agreement pursuant to division (E)(8) of this section.
(b) Either the petitioner or the respondent of the original protection order or consent agreement may bring a motion for modification or termination of a protection order or consent agreement that was issued or approved after a full hearing. The court shall require notice of the motion to be made as provided by the Rules of Civil Procedure. If the petitioner for the original protection order or consent agreement has requested that the petitioner's address be kept confidential, the court shall not disclose the address to the respondent of the original protection order or consent agreement or any other person, except as otherwise required by law. The moving party has the burden of proof to show, by a preponderance of the evidence, that modification or termination of the protection order or consent agreement is appropriate because either the protection order or consent agreement is no longer needed or because the terms of the original protection order or consent agreement are no longer appropriate.
(c) In considering whether to modify or terminate a protection order or consent agreement issued or approved under this section, the court shall consider all relevant factors, including, but not limited to, the following:
(i) Whether the petitioner consents to modification or termination of the protection order or consent agreement;
(ii) Whether the petitioner fears the respondent;
(iii) The current nature of the relationship between the petitioner and the respondent;
(iv) The circumstances of the petitioner and respondent, including the relative proximity of the petitioner's and respondent's workplaces and residences and whether the petitioner and respondent have minor children together;
(v) Whether the respondent has complied with the terms and conditions of the original protection order or consent agreement;
(vi) Whether the respondent has a continuing involvement with illegal drugs or alcohol;
(vii) Whether the respondent has been convicted of or pleaded guilty to an offense of violence since the issuance of the protection order or approval of the consent agreement;
(viii) Whether any other protection orders, consent agreements, restraining orders, or no contact orders have been issued against the respondent pursuant to this section, section 2919.26 of the Revised Code, any other provision of state law, or the law of any other state;
(ix) Whether the respondent has participated in any domestic violence treatment, intervention program, or other counseling addressing domestic violence and whether the respondent has completed the treatment, program, or counseling;
(x) The time that has elapsed since the protection order was issued or since the consent agreement was approved;
(xi) The age and health of the respondent;
(xii) When the last incident of abuse, threat of harm, or commission of a sexually oriented offense occurred or other relevant information concerning the safety and protection of the petitioner or other protected parties.
(d) If a protection order or consent agreement is modified or terminated as provided in division (E)(8) of this section, the court shall issue copies of the modified or terminated order or agreement as provided in division (F) of this section. A petitioner may also provide notice of the modification or termination to the judicial and law enforcement officials in any county other than the county in which the order or agreement is modified or terminated as provided in division (N) of this section.
(e) If the respondent moves for modification or termination of a protection order or consent agreement pursuant to this section, the court may assess costs against the respondent for the filing of the motion. (F)(1) A copy of any protection order, or consent
agreement,
that is issued or, approved, modified, or terminated under this section shall be
issued by
the court to the petitioner, to the respondent, and to
all law
enforcement agencies that have jurisdiction to enforce
the order
or agreement. The court shall direct that a copy of an
order be
delivered to the respondent on the same day that the
order is
entered. (2) All law enforcement agencies shall establish and
maintain an index for the protection orders and the approved
consent agreements delivered to the agencies pursuant to division
(F)(1) of this section. With respect to each order and consent
agreement delivered, each agency shall note on the index the
date
and time that it received the order or consent agreement. (3) Regardless of whether the petitioner has registered the
order or
agreement in the county in which the officer's agency has
jurisdiction
pursuant to division (N) of this section, any officer
of a law enforcement
agency shall enforce
a protection order
issued or consent agreement approved by any court in this
state in
accordance with the
provisions of the order or agreement,
including removing the
respondent from the premises, if
appropriate. (G) Any proceeding under this section shall be conducted
in
accordance with the Rules of Civil Procedure, except that an
order
under this section may be obtained with or without bond.
An order
issued under this section, other than an ex parte order, that
grants a protection order or approves a consent agreement, or that
refuses to
grant a protection order or approve a consent
agreement that modifies or terminates a protection order or consent agreement, or that refuses to modify or terminate a protection order or consent agreement, is a final,
appealable order. The remedies and
procedures provided in this
section are in
addition to, and not in
lieu of, any other available civil or
criminal remedies. (H) The filing of proceedings under this section does not
excuse a person from filing any report or giving any notice
required by section 2151.421 of the Revised Code or by any other
law. When a petition under this section alleges domestic
violence
against minor children, the court shall report the fact,
or cause
reports to be made, to a county, township, or municipal
peace
officer under section 2151.421 of the Revised Code. (I) Any law enforcement agency that investigates a
domestic
dispute shall provide information to the family or
household
members involved regarding the relief available under
this section
and section 2919.26 of the Revised Code. (J) Notwithstanding any provision of law to the contrary
and
regardless of whether a protection order is
issued or a consent
agreement is approved by a court of another county or a court of
another state,
no
court
or unit of state or local government shall
charge
any fee, cost, deposit, or money in connection with
the filing of a
petition pursuant
to this section
or in connection
with the
filing, issuance, registration, or service of a
protection order
or consent agreement, or for obtaining a
certified copy of a
protection order or consent agreement. (K)(1) The court shall comply with Chapters 3119., 3121.,
3123.,
and 3125. of the Revised
Code when it makes or modifies
an
order for child support under this section. (2) If any person required to pay child support under an
order
made under this section on or after April 15, 1985, or
modified
under this section on or after December 31, 1986, is
found in
contempt of court for failure to make support payments
under the
order, the court that makes the finding, in addition to
any other
penalty or remedy imposed, shall assess all court costs
arising
out of the contempt proceeding against the person and
require the
person to pay any reasonable attorney's fees of any
adverse
party, as determined by the court, that arose in relation
to the
act of contempt. (L)(1) A person who violates a protection order issued or
a
consent agreement approved under this section is subject to the
following sanctions: (a) Criminal prosecution for a violation of section
2919.27
of the Revised Code, if the violation of the protection
order or
consent agreement constitutes a violation of that
section; (b) Punishment for contempt of court. (2) The punishment of a person for contempt of court for
violation of a protection order issued or a consent agreement
approved under this section does not bar criminal prosecution of
the person for a violation of section 2919.27 of the Revised
Code.
However, a person punished for contempt of court is
entitled to
credit for the punishment imposed upon conviction of
a violation
of that section, and a person convicted of a
violation of that
section shall not subsequently be punished for
contempt of court
arising out of the same activity. (M) In all stages of a proceeding under this section, a
petitioner may be
accompanied by a victim advocate. (N)(1) A petitioner who obtains a protection order or
consent agreement under
this section or a temporary protection
order under section 2919.26 of the
Revised Code may provide notice
of the issuance or approval of the order or
agreement to the
judicial and law enforcement officials in any county other
than
the county in which the order is issued or the agreement is
approved by
registering that order or agreement in the other
county pursuant to division
(N)(2) of this section and filing a
copy of the registered order or registered
agreement with a law
enforcement agency in the other county in accordance with
that
division. A person who obtains a protection order issued by a
court
of another state may provide notice of the issuance of the
order to the
judicial and law enforcement officials in any county
of this state by
registering the order in that county pursuant to
section 2919.272 of the
Revised Code and filing a copy of the
registered order with a law enforcement
agency in that county. (2) A petitioner may register a temporary protection order,
protection order,
or consent agreement in a county other than the
county in which
the court that issued the order or approved the
agreement is
located in the following manner: (a) The petitioner shall obtain a certified copy of the
order or agreement
from the clerk of the court that issued the
order or approved the agreement
and present that certified copy to
the clerk of the court of common pleas or
the clerk of a municipal
court or county court in the county in which the
order or
agreement
is to be registered. (b) Upon accepting the certified copy of the order or
agreement for
registration, the clerk of the court of common
pleas, municipal court, or
county court shall place an endorsement
of registration on the order or
agreement and give the
petitioner
a copy of the order or agreement that bears that proof of
registration. (3) The clerk of each court of common pleas, the clerk of
each municipal
court, and the clerk of each county court shall
maintain a registry of
certified copies of temporary protection
orders, protection orders, or consent agreements that have been
issued or
approved by courts in other counties and that have been
registered with the
clerk.
Sec. 5120.49. The department of rehabilitation and
correction, by rule adopted under Chapter 119. of the
Revised Code, shall prescribe standards and
guidelines to be used by the parole board in determining,
pursuant to section 2971.04 of the Revised Code,
whether it should terminate its control over an offender's
service of a prison term imposed upon the offender under
division (A)(3) of section 2971.03 of the
Revised Code for conviction of or a plea of guilty to a violent sex offense and a sexually violent predator specification or for conviction of or a plea of guilty to a designated homicide, assault, or kidnapping offense and both a sexual motivation specification and a sexually violent predator specification, imposed upon the offender under division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code for conviction of or a plea of guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment, or imposed upon the offender under division (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code for conviction of or a plea of guilty to attempted rape committed on or after the effective date of this amendment and a conviction of or plea of guilty to a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code. The rules shall include
provisions that specify that the parole board may not terminate
its control over an offender's service of a prison term
imposed upon the offender under that division either of the specified divisions until after the offender has
served the
minimum term imposed as part of that prison term and until the parole board
has determined that the offender does not represent a
substantial risk of physical harm to others.
Sec. 5120.61. (A)(1) Not later than ninety days after the
effective date of this section January 1, 1997, the department of rehabilitation and
correction shall adopt standards that it will use under this section to assess
a criminal offender who is convicted of or pleads guilty to
a violent sex offense or designated homicide, assault, or kidnapping offense and is adjudicated a
sexually violent predator in relation to that offense, who is convicted of or pleads guilty to a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment and either who is sentenced under section 2971.03 of the Revised Code or upon whom a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code, or who is convicted of or pleads guilty to attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code. The department
may periodically revise the standards. (2) When the department is requested by the parole board or the court to
provide a risk assessment report of the offender under section 2971.04 or
2971.05 of the Revised Code, it shall assess the offender
and complete the assessment as soon as possible after
the offender has commenced serving the prison term or term of life
imprisonment without parole imposed
under division (A), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code. Thereafter, the
department shall update a risk assessment report pertaining to
an offender as follows: (a) Periodically, in the discretion of the department, provided that
each report shall be updated no later than two years after its initial
preparation or most recent update; (b) Upon the request of the parole board for use in determining
pursuant to section 2971.04 of the Revised Code whether it should terminate
its control over an offender's service of a prison term imposed upon
the offender under division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code; (c) Upon the request of the court. (3) After the department of rehabilitation and correction
assesses an offender pursuant to division (A)(2) of this section, it shall
prepare a report that contains its risk assessment for the offender or, if a
risk assessment report previously has been prepared, it shall update the risk
assessment report. (4) The department of rehabilitation and correction shall provide each
risk assessment report that it
prepares or updates pursuant to this section regarding an offender to
all of the following: (a) The parole board for its use in determining pursuant to
section 2971.04 of the Revised Code whether it
should terminate its control over an offender's
service of a prison term imposed upon the offender under division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, if the parole board has not
terminated its control over the offender; (b) The court for use in determining, pursuant to section 2971.05
of the Revised Code, whether to modify the requirement that the offender serve
the entire prison term
imposed upon the offender under division (A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03
of the Revised Code in a state correctional institution, whether to revise any
modification previously made, or whether to terminate the prison term; (c) The prosecuting attorney who prosecuted the case, or the
successor in office to that prosecuting attorney; (d) The offender. (B) When the department of rehabilitation and correction
provides a risk assessment report regarding an offender to the
parole board or court pursuant to division
(A)(4)(a) or (b) of this section, the department,
prior to the parole board's or court's hearing, also shall
provide to the offender or to the offender's attorney of record
a copy of the report and a copy of any other relevant documents
the department possesses regarding the offender that the
department does not consider to be confidential. (C) As used in this section:
(1) "Adjudicated a sexually violent predator" has the same meaning as in section 2929.01 of the Revised Code, and a person is "adjudicated a sexually violent predator" in the same manner and the same circumstances as are described in that section.
(2) "Designated homicide, assault, or kidnapping offense" and "violent sex offense" have the same meanings as
in section 2971.01 of the Revised Code.
Sec. 5120.66. (A) Within ninety days after the effective date of this section November 23, 2005, but not before January 1, 2006, the department of rehabilitation and correction shall establish and operate on the internet a database that contains all of the following:
(1) For each inmate in the custody of the department under a sentence imposed for a conviction of or plea of guilty to any offense, all of the following information:
(a) The inmate's name;
(b) For each offense for which the inmate was sentenced to a prison term or term of imprisonment and is in the department's custody, the name of the offense, the Revised Code section of which the offense is a violation, the gender of each victim of the offense if those facts are known, whether each victim of the offense was an adult or child if those facts are known, the range of the possible prison terms or term of imprisonment that could have been imposed for the offense, the actual prison term or term of imprisonment imposed for the offense, the county in which the offense was committed, the date on which the inmate began serving the prison term or term of imprisonment imposed for the offense, and either the date on which the inmate will be eligible for parole relative to the offense if the prison term or term of imprisonment is an indefinite term or life term or the date on which the term ends if the prison term is a definite term;
(c) All of the following information that is applicable regarding the inmate:
(i) If known to the department prior to the conduct of any hearing for judicial release of the defendant pursuant to section 2929.20 of the Revised Code in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the fact that the inmate will be having a hearing regarding a possible grant of judicial release, the date of the hearing, and the right of any person pursuant to division (J) of that section to submit to the court a written statement regarding the possible judicial release;
(ii) If the inmate is serving a prison term pursuant to division (A)(3) of section 2971.03 of the Revised Code as a sexually violent predator who committed a sexually violent offense, a prison term pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised Code imposed for a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after the effective date of this amendment, a prison term pursuant to division (B)(2)(a) of section 2971.03 of the Revised Code imposed for attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1418 of the Revised Code, a prison term pursuant to division (B)(2)(b) of section 2971.03 of the Revised Code imposed for attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1419 of the Revised Code, or a prison term pursuant to division (B)(2)(c) of section 2971.03 of the Revised Code imposed for attempted rape committed on or after the effective date of this amendment and a specification of the type described in section 2941.1420 of the Revised Code, prior to the conduct of any hearing pursuant to section 2971.05 of the Revised Code to determine whether to modify the requirement that the inmate serve the entire prison term in a state correctional facility in accordance with division (C) of that section, whether to continue, revise, or revoke any existing modification of that requirement, or whether to terminate the prison term in accordance with division (D) of that section, notice of the fact that the inmate will be having a hearing regarding those determinations and of the date of the hearing;
(iii) At least three weeks before the adult parole authority recommends a pardon or commutation of sentence for the inmate or at least three weeks prior to a hearing before the adult parole authority regarding a grant of parole to the inmate in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the fact that the inmate might be under consideration for a pardon or commutation of sentence or will be having a hearing regarding a possible grant of parole, of the date of any hearing regarding a possible grant of parole, and of the right of any person to submit a written statement regarding the pending action;
(iv) At least three weeks before the inmate has a hearing regarding a transfer to transitional control under section 2967.26 of the Revised Code in relation to any prison term or term of imprisonment the inmate is serving for any offense, notice of the pendency of the transfer, of the date of the possible transfer, and of the right of any person to submit a statement regarding the possible transfer;
(v) Prompt notice of the inmate's escape from any facility in which the inmate was incarcerated and of the capture of the inmate after an escape;
(vi) Notice of the inmate's death while in confinement;
(vii) Prior to the release of the inmate from confinement, notice of the fact that the inmate will be released, of the date of the release, and, if applicable, of the standard terms and conditions of the release; (viii) Notice of the inmate's judicial release.
(2) Information as to where a person can send written statements of the types referred to in divisions (A)(1)(c)(i), (iii), and (iv) of this section.
(B)(1) The department shall update the database required under division (A) of this section every twenty-four hours to ensure that the information it contains is accurate and current.
(2) The database required under division (A) of this section is a public record open for inspection under section 149.43 of the Revised Code. The department shall make the database searchable by inmate name and by the county and zip code where the offender intends to reside after release from a state correctional institution if this information is known to the department.
(3) The database required under division (A) of this section may contain information regarding inmates who are listed in the database in addition to the information described in that division. (4) No information included on the database required under division (A) of this section shall identify or enable the identification of any victim of any offense committed by an inmate.
(C) The failure of the department to comply with the requirements of division (A) or (B) of this section does not give any rights or any grounds for appeal or post-conviction relief to any inmate.
(D) This section, and the related provisions of sections 2929.20, 2967.03, 2967.12, and 2967.26 of the Revised Code enacted in the act in which this section was enacted, shall be known as "Laura's Law."
Sec. 5149.10. (A) The parole board shall consist of
up to
twelve
members, one of
whom shall be designated as chairperson by
the
director of the department of rehabilitation and correction
and
who shall continue as chairperson until a successor is
designated,
and any other personnel that are necessary for the
orderly
performance of the duties of the board. In addition to
the rules
authorized by section 5149.02 of the Revised Code, the
chief of
the adult parole authority, subject to the approval of
the
chief
of the division of parole and community services and
subject to
this
section, shall adopt
rules governing the
proceedings of the
parole board. The rules
shall provide for the
convening of full
board hearings,
the procedures to be followed in
full board
hearings, and general procedures to be followed in
other hearings
of the board and by the board's hearing officers.
The rules also
shall
require agreement by a majority of all the
board members to
any
recommendation of clemency transmitted to the
governor. When the board members sit as a full board, the
chairperson
shall preside. The
chairperson shall also allocate the work of
the parole
board among the board members. The full board shall
meet at least once
each month. In the case of a tie vote on the
full board, the chief of the
adult parole authority shall cast the
deciding vote. The chairperson may
designate a person to serve in
the chairperson's place. Except as otherwise provided in division (B) of this
section,
no person shall be appointed a member of the board who is
not
qualified by education or experience in correctional work,
including law enforcement, prosecution of offenses, advocating for
the
rights of victims of crime, probation, or parole, in law, in
social work, or in a combination of the three categories. (B) The director of rehabilitation and correction, in
consultation with the governor, shall appoint one member of the
board, who
shall
be a person who has been a victim of crime or who
is a member of a victim's
family or who represents an organization
that advocates for the rights of
victims of crime. After
appointment, this member shall be an unclassified
employee of the
department of rehabilitation and correction. The initial appointment shall be for a term ending four years
after the
effective date of this amendment. Thereafter, the term
of office of the
member appointed
under this division shall be for
four years, with each term ending on the same
day of the same
month as did the term that it succeeds. The member
shall hold
office from the date of appointment until the
end of the term for
which the member was appointed and
may be reappointed. Vacancies
shall be filled in the manner provided for
original appointments.
Any member appointed under this division to fill a
vacancy
occurring prior to the expiration date of the term for which the
member's
predecessor was appointed shall hold office as a member
for the remainder of
that term. The member appointed under this
division shall continue in office
subsequent to the expiration
date of the member's term until the member's
successor takes
office or until a period of sixty days has elapsed, whichever
occurs first. The member appointed under this division shall be compensated
in the same
manner as other board members and shall be reimbursed
for actual and necessary
expenses incurred in the performance of
the members' duties. The member may
vote on all cases heard by
the
full board under section 5149.101 of the Revised Code, has
such duties as are
assigned by the chairperson of the board, and
shall coordinate the member's
activities with the office of
victims' services created under section 5120.60
of the Revised
Code. As used in this division,
"crime,"
"member of the victim's
family," and
"victim" have the meanings given in section 2930.01
of the Revised Code. (C) The chairperson shall submit all recommendations for or
against clemency directly to the governor. (D) The chairperson shall transmit to the chief of the adult
parole
authority all determinations for or against parole made by
the board. Parole
determinations are final and
are not subject to
review or change by the chief. (E) In addition to its duties pertaining to parole and
clemency,
if an offender is sentenced to a prison term pursuant to
division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c) of section 2971.03 of the Revised Code, the parole
board shall have
control over the
offender's service of
the prison
term during the entire term
unless the board terminates
its
control in accordance with section 2971.04
of the Revised
Code.
The parole board may
terminate its control over the
offender's
service of the prison term
only in accordance with
section 2971.04
of the Revised Code.
SECTION 2. That existing sections 109.42, 2743.191, 2903.212, 2903.213, 2903.214, 2907.02, 2907.07, 2919.26, 2921.34, 2923.02, 2929.01, 2929.13, 2929.14, 2929.19, 2930.16, 2941.148, 2950.01, 2950.09, 2950.11, 2950.13, 2950.14, 2967.12, 2967.121, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 3109.04, 3113.31, 5120.49, 5120.61, 5120.66, and 5149.10 of the Revised Code are hereby repealed. SECTION 3. (A) Section 2930.16 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 375 and Am. Sub. H.B. 473 of
the 125th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
(B) Section 2929.01 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 95 and Am. Sub. H.B. 162 of
the 126th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
SECTION 4. It is the intent of the General Assembly that the offense of child rape described in division (A)(1)(b) of section 2907.02 of the Revised Code, as enacted by this act, prevails over the offense of sexual battery committed against a person who is under the age of thirteen as described in section 2907.03 of the Revised Code in circumstances when a person violates the prohibitions of both offenses.
SECTION 5. (A) There is hereby created the Adam Walsh study committee which shall submit recommendations to the General Assembly regarding the legislative changes that are needed to conform Ohio law to the federal Sex Offender Registration and Notification Act, Pub. L. No. 109-249 (the "Adam Walsh Act"). (B) The committee shall be comprised of the following persons who shall serve without compensation: (1) Two members of the House of Representatives who are from the majority party, selected by the Speaker of the House of Representatives, one of whom is to be designated as a co-chair of the committee; (2) One member of the House of Representatives who is from the minority party, selected by the Speaker of the House of Representatives; (3) Two members of the Senate who are from the majority party, selected by the President of the Senate, one of whom is to be designated as a co-chair of the committee; (4) One member of the Senate who is from the minority party, selected by the President of the Senate; (5) A representative of the Ohio Prosecuting Attorneys Association; (6) A representative of the Attorney General's Office; (7) A representative of the Ohio Department of Rehabilitation and Correction; (8) A representative of the Ohio Department of Youth Services; (9) A representative of the Office of the Ohio Public Defender; (10) A representative of the Ohio Judicial Conference; (11) A representative of the Ohio Office of Criminal Justice Services. (C) The committee shall submit recommendations to the General Assembly by March 30, 2007, regarding legislative changes that are needed to qualify for the federal Sex Offender Management Assistance Program authorized by the federal Sex Offender Notification and Registration Act. Any other recommendations of the committee shall be submitted to the General Assembly by December 31, 2007. Upon submission of the final recommendations, the committee shall cease to exist. SECTION 6. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is that the penalty provisions of this act are crucially needed to increase protection for the children of this state from being victimized by serious, violent sex offenses involving sexual conduct. Therefore, this act shall go into immediate effect.
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