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Sub. H. B. No. 57 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives McGregor, J., Fessler, Setzer, Jones, Adams, Stewart, D., Collier, Heard, Bacon, Batchelder, Boyd, Chandler, Coley, Dolan, Domenick, Dyer, Evans, Flowers, Goyal, Hagan, J., Harwood, Hite, Hughes, Luckie, Lundy, Newcomb, Oelslager, Patton, Raussen, Slesnick, Williams, B., Williams, S.
A BILL
To amend sections 2950.01, 2950.11, 2950.12, and
2950.13 and to enact section 2950.112 of the
Revised Code to provide notice to a
long-term
care facility when a
registered sex offender
indicates an intent to
reside or registers an
address within the
facility's specified
geographical notification
area.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2950.01, 2950.11, 2950.12, and
2950.13 be amended and section 2950.112 of the Revised Code be
enacted to read as follows:
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Sexually oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age:
(1) A violation of section 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,
or 2907.323 of the Revised Code;
(2) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(3) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(5) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(6) A violation of division (A)(3) of section 2903.211 of the
Revised Code;
(7) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(8) A violation of division (A)(4) of section 2905.01 of the
Revised Code;
(9) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(10) A violation of division (B) of section 2905.02, of
division (B) of section 2905.03, of division (B) of section
2905.05, or of division (B)(5) of section 2919.22 of the Revised
Code;
(11) 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
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this
section;
(12) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (A)(1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this
section.
(B)(1) "Sex offender" means, subject to division (B)(2) of
this section, a person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing any sexually oriented offense.
(2) "Sex offender" does not include a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing a sexually oriented
offense if the offense involves consensual sexual conduct or
consensual sexual contact and either of the following applies:
(a) The victim of the sexually oriented offense was eighteen
years of age or older and at the time of the sexually oriented
offense was not under the custodial authority of the person who is
convicted of, pleads guilty to, has been convicted of, has pleaded
guilty to, is adjudicated a delinquent child for committing, or
has been adjudicated a delinquent child for committing the
sexually oriented offense.
(b) The victim of the offense was thirteen years of age or
older, and the person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing the sexually oriented offense is
not more than four years older than the victim.
(C) "Child-victim oriented offense" means any of the
following violations or offenses committed by a person, regardless
of the person's age, when the victim is under eighteen years of
age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the violation is not
included in division (A)(7) of this section;
(2) A violation of division (A) of section 2905.02, division
(A) of section 2905.03, or division (A) of section 2905.05 of the
Revised Code;
(3) 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 (C)(1)
or (2) of this section;
(4) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (C)(1),
(2), or (3) of this section.
(D) "Child-victim offender" means a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing any child-victim
oriented offense.
(E) "Tier I sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.06, 2907.07, 2907.08, or
2907.32 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(c) A violation of division (A)(1), (2), (3), or (5) of
section 2907.05 of the Revised Code;
(d) A violation of division (A)(3) of section 2907.323 of the
Revised Code;
(e) A violation of division (A)(3) of section 2903.211, of
division (B) of section 2905.03, or of division (B) of section
2905.05 of the Revised Code;
(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
(E)(1)(a), (b), (c), (d), or (e) of this section;
(g) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (E)(1)(a),
(b), (c), (d), (e), or (f) of this section.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to a
child-victim oriented offense and who is not within either
category of child-victim offender described in division (F)(2) or
(G)(2) of this section.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier I sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and who a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier I sex
offender/child-victim offender relative to the offense.
(F) "Tier II sex offender/child-victim offender" means any of
the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.21, 2907.321, or 2907.322 of
the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct, or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or
former section 2907.12 of the Revised Code;
(c) A violation of division (A)(4) of section 2907.05 or of
division (A)(1) or (2) of section 2907.323 of the Revised Code;
(d) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is eighteen years of
age or older;
(f) A violation of division (B) of section 2905.02 or of
division (B)(5) of section 2919.22 of the Revised Code;
(g) 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
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (F)(1)(a),
(b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or has been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for
which the offender was classified a tier I sex
offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier I sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier II sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier II sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any
category of tier II sex offender/child-victim offender set forth
in division (F)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was adjudicated a delinquent child for committing
a sexually oriented offense or child-victim oriented offense, and
who prior to that date was determined to be a habitual sex
offender or determined to be a habitual child-victim offender,
unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(b) A juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(G) "Tier III sex offender/child-victim offender" means any
of the following:
(1) A sex offender who is convicted of, pleads guilty to, has
been convicted of, or has pleaded guilty to any of the following
sexually oriented offenses:
(a) A violation of section 2907.02 or 2907.03 of the Revised
Code;
(b) A violation of division (B) of section 2907.05 of the
Revised Code;
(c) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(d) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age;
(f) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(g) 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
(G)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (G)(1)(a),
(b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier II sex offender/child-victim
offender or a tier III sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads
guilty to, has been convicted of, or has pleaded guilty to any
child-victim oriented offense when the child-victim oriented
offense is committed after the child-victim offender previously
has been convicted of, pleaded guilty to, or been adjudicated a
delinquent child for committing any sexually oriented offense or
child-victim oriented offense for which the offender was
classified a tier II sex offender/child-victim offender or a tier
III sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any sexually oriented offense and who a juvenile court,
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the
Revised Code, classifies a tier III sex offender/child-victim
offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent
child for committing or has been adjudicated a delinquent child
for committing any child-victim oriented offense and whom a
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or
2152.85 of the Revised Code, classifies a tier III sex
offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in
any category of tier III sex offender/child-victim offender set
forth in division (G)(1), (2), (3), or (4) of this section, who
prior to January 1, 2008, was convicted of or pleaded guilty to a
sexually oriented offense or child-victim oriented offense or was
adjudicated a delinquent child for committing a sexually oriented
offense or child-victim oriented offense and classified a juvenile
offender registrant, and who prior to that date was adjudicated a
sexual predator or adjudicated a child-victim predator, unless
either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(b) The sex offender or child-victim offender is a delinquent
child, and a juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(6) A sex offender who is convicted of, pleads guilty to, was
convicted of, or pleaded guilty to a sexually oriented offense, if
the sexually oriented offense and the circumstances in which it
was committed are such that division (F) of section 2971.03 of the
Revised Code automatically classifies the offender as a tier III
sex offender/child-victim offender;
(7) A sex offender or child-victim offender who is convicted
of, pleads guilty to, was convicted of, pleaded guilty to, is
adjudicated a delinquent child for committing, or was adjudicated
a delinquent child for committing a sexually oriented offense or
child-victim 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 if both of the following
apply:
(a) Under the law of the jurisdiction in which the offender
was convicted or pleaded guilty or the delinquent child was
adjudicated, the offender or delinquent child is in a category
substantially equivalent to a category of tier III sex
offender/child-victim offender described in division (G)(1), (2),
(3), (4), (5), or (6) of this section.
(b) Subsequent to the conviction, plea of guilty, or
adjudication in the other jurisdiction, the offender or delinquent
child resides, has temporary domicile, attends school or an
institution of higher education, is employed, or intends to reside
in this state in any manner and for any period of time that
subjects the offender or delinquent child to a duty to register or
provide notice of intent to reside under section 2950.04 or
2950.041 of the Revised Code.
(H) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26
of the Revised Code.
(I) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(J) "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 (J)(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.
(K) "Sexually violent predator specification," "sexually
violent predator," "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.
(L) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(M) "Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a 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,
2152.85, or 2152.86 of the
Revised Code, classifies
a
juvenile
offender registrant and
specifies has a duty to
comply
with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised
Code. "Juvenile
offender registrant" includes a person who prior
to January 1,
2008, was a "juvenile offender registrant" under
the definition of
the term in existence prior to January 1, 2008,
and a person who
prior to July 31, 2003, was a "juvenile sex
offender registrant"
under the former definition of that former
term.
(N) "Public registry-qualified juvenile offender
registrant"
means a person who is adjudicated a delinquent child
and on whom
a juvenile
court has imposed a serious youthful
offender
dispositional
sentence under section 2152.13 of the
Revised Code
before, on, or after January 1, 2008, and to whom all
of the
following apply:
(1) The person is adjudicated a delinquent child for
committing, attempting to commit, conspiring to commit, or
complicity in committing one of the following acts:
(a) A violation of section 2907.02 of the Revised Code,
division (B) of section 2907.05 of the Revised Code, or section
2907.03 of the Revised Code if the victim of the violation was
less than twelve years of age;
(b) 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.
(2) The person was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(3) A juvenile court judge, pursuant to an order issued under
section 2152.86 of the Revised Code, classifies the person a
juvenile offender registrant, specifies the person has a duty to
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised
Code, and classifies the person a public registry-qualified
juvenile offender registrant, and the classification of the person
as a public registry-qualified juvenile offender registrant has
not been terminated pursuant to division (D) of section 2152.86 of
the Revised Code.
(O) "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.
(P) "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 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
or 2950.041
of the
Revised Code to register in this
state and the
duty to
otherwise comply with that applicable section and sections
2950.05 and 2950.06 of the Revised Code. "Out-of-state juvenile
offender registrant"
includes a person who prior to January 1,
2008, was an
"out-of-state juvenile offender registrant" under
the definition
of the term in existence prior to January 1, 2008,
and 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.
(Q) "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.
(R) "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.
(S)
"School" and "school premises" have the same meanings
as
in section 2925.01 of the Revised Code.
(T) "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.
(U) "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.
(V) "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.
(W) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(X) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.
(Y) "Long-term care facility" and "sponsor" have the same
meanings as in section 173.14 of the Revised Code.
Sec. 2950.11. (A) Regardless of when
the sexually oriented
offense or child-victim oriented offense was
committed, if a
person is
convicted of, pleads guilty to,
has been convicted of,
or has
pleaded
guilty
to a sexually
oriented offense
or a
child-victim oriented offense or a person
is or has been
adjudicated a delinquent child for committing
a 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 (10)(11) 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;
(10) Volunteer organizations in which contact with minors or
other vulnerable individuals might occur or any organization,
company, or individual who requests notification as provided in
division (J) of this section;
(11) The manager of a long-term care facility where the
offender or delinquent child will reside or that is located within
the specified geographical notification area and within the county
served by the sheriff.
(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 or public
registry-qualified juvenile offender registrant's residence,
school, institution of higher education, or place of employment,
as applicable, or the residence address or
addresses of a
delinquent
child who is not a public
registry-qualified juvenile
offender
registrant;
(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)
A statement that identifies the category specified in
division (F)(1)(a), (b), or (c) of this section that includes the
offender
or
delinquent child and that subjects the offender or
delinquent
child to this section;
(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) and (10) to (11) 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) and, (A)(10), and (A)(11) 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 (10)(11) 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) and (10) to (11) 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 an
offender or delinquent
child who is in a category specified in
division (F)(1)(a), (b),
or (c) of this section 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
delinquent child unless that child
is in a category specified in
division (F)(1)(a), (b), or (c) of
this section.
(F)(1) Except as provided in division (F)(2) of this
section, 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:
(a) The offender
is a
tier III sex offender/child-victim
offender, or the delinquent
child is a public registry-qualified
juvenile offender registrant,
and a juvenile court has not
removed pursuant to section 2950.15
of the Revised Code the
delinquent child's duty to comply with
sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised
Code.
(b) The delinquent child is a tier III sex
offender/child-victim offender who is not a public-registry
qualified public registry-qualified juvenile offender registrant,
the delinquent child was
subjected to this section prior to the
effective date of this
amendment January 1, 2008, as a sexual
predator, habitual sex offender,
child-victim predator, or
habitual child-victim offender, as those
terms were defined in
section 2950.01 of the Revised Code as it
existed prior to the
effective date of this amendment January 1, 2008, and a
juvenile
court has not removed pursuant to section 2152.84 or
2152.85 of
the Revised Code the delinquent child's duty to comply
with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised
Code.
(c) The delinquent child is a tier III sex
offender/child-victim offender who is not a public
registry-qualified juvenile offender registrant, the delinquent
child was classified a juvenile offender registrant on or after
the effective date of this amendment January 1, 2008, the court
has imposed a
requirement under section 2152.82, 2152.83, or
2152.84 of the
Revised Code subjecting the delinquent child to
this section, and
a juvenile court has not removed pursuant to
section 2152.84 or
2152.85 of the Revised Code the delinquent
child's duty to comply
with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the
Revised Code.
(2) The notification provisions of this section do not apply
to a person described in division (F)(1)(a), (b), or (c) of this
section if a court finds at a hearing after considering the
factors described in this division that the person would not be
subject to the notification
provisions of this section that were
in the version of this
section that existed immediately prior to
the effective date of
this amendment January 1, 2008. In making
the determination
of whether a person would have been subject to
the notification
provisions under prior law as described in this
division, the
court shall consider the following factors:
(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) Whether the offender or delinquent child would have been
a habitual sex offender or a habitual child victim offender under
the definitions of those terms set forth in section 2950.01 of the
Revised Code as that section existed prior to the effective date
of this amendment January 1, 2008;
(k) Any additional behavioral characteristics that contribute
to the offender's or delinquent child's conduct.
(G)(1) 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.
(2) 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.
(3) 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.
(4) 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, department of
health, 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)
and (A)(11) 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.
(5) The department of health shall compile,
maintain, and
update in January and July of each year, a list of
all long-term
care facilities that contains the name of each
long-term care
facility, the county in which it is located, and its
address and
telephone number.
(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 (K) of this section.
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 division (A)(2), (3), or (4) of section 2950.04,
division
(A)(2), (3), or (4) of section 2950.041 and sections
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) Divisions (H)(1) to (3) of this section 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 January 2, 2007, 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;
(c) A person who is convicted of or pleads guilty to a
sexually oriented offense that is attempted rape committed on or
after January 2, 2007, 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 person who is convicted of or pleads
guilty to an
offense described in division (B)(3)(a), (b), (c), or
(d) of
section 2971.03 of the Revised Code and who is sentenced
for that
offense pursuant to that division;
(e) An offender who is in a
category specified in division
(F)(1)(a), (b), or (c) of this
section and 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, pleads guilty to, has
been
convicted of, or has pleaded guilty to a sexually
oriented
offense or a child-victim oriented offense or a person
is or has
been adjudicated a delinquent child for committing
a 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.
(J) Each sheriff shall allow a volunteer organization or
other organization, company, or individual who wishes to receive
the notice described in division (A)(10) of this section regarding
a specific offender or delinquent child or notice regarding all
offenders and delinquent children who are located in the specified
geographical notification area to notify the sheriff by electronic
mail or through the sheriff's web site of this election. The
sheriff shall promptly inform the bureau of criminal
identification and investigation of these requests in accordance
with the forwarding procedures adopted by the attorney general
pursuant to section 2950.13 of the Revised Code.
(K) In making a determination under division (H)(1) of this
section as to whether to suspend the community notification
requirement under this section for an offender, the judge shall
consider all relevant factors, including, but not limited to, all
of the following:
(2) The offender's prior criminal or delinquency record
regarding all offenses, including, but not limited to, all
sexually oriented offenses or child-victim oriented offenses;
(3) The age of the victim of the sexually oriented offense or
child-victim oriented offense the offender committed;
(4) Whether the sexually oriented offense or child-victim
oriented offense the offender committed involved multiple victims;
(5) Whether the offender used drugs or alcohol to impair the
victim of the sexually oriented offense or child-victim oriented
offense
the offender committed or to prevent the victim from
resisting;
(6) If the offender previously has been convicted of, 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 completed any sentence or dispositional order
imposed for the prior offense or act and, if the prior offense or
act was a sexually oriented offense or a child-victim oriented
offense, whether the offender or delinquent child participated in
available programs for sex offenders or child-victim offenders;
(7) Any mental illness or mental disability of the offender;
(8) The nature of the offender's sexual conduct, sexual
contact, or interaction in a sexual context with the victim of the
sexually oriented offense the offender committed or the nature of
the offender's interaction in a sexual context with the victim of
the child-victim oriented offense the offender committed,
whichever is applicable, and whether the sexual conduct, sexual
contact, or interaction in a sexual context was part of a
demonstrated pattern of abuse;
(9) Whether the offender, during the commission of the
sexually oriented offense or child-victim oriented offense the
offender committed, displayed cruelty or made one or more threats
of cruelty;
(10) Any additional behavioral characteristics that
contribute to the offender's conduct.
(L) 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) and (A)(11) of this section.
Sec. 2950.112. (A) A manager of a long-term care facility
that receives notices pursuant to division (A)(11) of section
2950.11 of the Revised Code shall do both of the following:
(1) Maintain a file of all notices received pursuant to that
section that is easily accessible to residents, sponsors, and
employees upon request;
(2) Post a copy of each notice in a location that is
accessible to employees of the facility.
(B)(1) The manager of a long-term care facility shall give
each resident and sponsor a notice at the time of admission to the
facility that states the following in typeface that is at least
one-quarter inch tall:
"This facility may have to admit registered sex offenders or
child-victim offenders for treatment. If you would like to receive
information about such offenders, please go to the attorney
general's esorn web site located at
http://www.esorn.ag.state.oh.us and either search for offenders
near this facility's address or register for notification by
e-mail. If you do not have access to a computer, contact the
manager's office for assistance."
(2) Each resident and sponsor who receives a notice described
in division (B)(1) of this section shall sign a statement
attesting to receipt of the notice. The signed statement shall be
retained in the resident's file.
(C) The manager of a long-term care facility shall
conspicuously post a copy of the notice described in division
(B)(1) of this section in the common area of the facility where
the facility's license is displayed.
Sec. 2950.12. (A) Except as provided in division (B) of
this
section, any of
the following persons shall be immune from
liability in a civil action to
recover damages for injury, death,
or loss to person or property allegedly
caused by an act or
omission in connection with a power, duty, responsibility,
or
authorization under this chapter or under rules adopted under
authority of
this chapter:
(1) An officer or employee of the bureau of criminal
identification and
investigation;
(2) The attorney general, a chief of police, marshal, or
other chief law
enforcement officer of a municipal corporation, a
sheriff, a constable or
chief of police of a township police
department or police district police
force, and a deputy,
officer,
or employee of the office of the attorney general, the law
enforcement agency served by the marshal or the municipal or
township chief,
the office of the sheriff, or the constable;
(3) A prosecutor and an officer or employee of the office of
a
prosecutor;
(4) A supervising officer and an officer or employee of the
adult
parole authority of the department of rehabilitation and
correction;
(5)
A supervising officer and an officer or employee of the
department of
youth services;
(6) A supervisor and a caseworker or employee of a public
children services agency acting pursuant to section 5153.16 of the
Revised Code;
(7)
A managing officer of a state correctional institution
and an officer or employee of the department of rehabilitation and
correction;
(8) A person identified in division (A)(2), (3), (4), (5),
(6), or
(7), or (11) of
section 2950.11 of the Revised Code, an
organization or person identified in division (A)(10) of that
section, or the agent of
that person or organization;
(9) A person identified in division (A)(2) of section
2950.111 of the Revised Code, regarding the person's provision of
information pursuant to that division to a sheriff or a designee
of a sheriff.
(B) The immunity described in division (A) of this section
does not apply to
a person described in divisions (A)(1) to
(8)
of
this
section if, in relation to the act or omission in
question,
any of the
following applies:
(1) The act or omission was manifestly outside the scope of
the person's
employment or official responsibilities.
(2) The act or omission was with malicious purpose, in bad
faith, or in
a wanton or reckless manner.
(3) Liability for the act or omission is expressly imposed
by
a section
of the Revised Code.
Sec. 2950.13. (A) The attorney general shall do all of the
following:
(1) No later than July 1, 1997, establish and maintain a
state registry of sex offenders 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 each person who is
convicted of, pleads guilty
to,
has been
convicted of, or has
pleaded guilty to a
sexually
oriented
offense
or a child-victim oriented offense
and each
person who is or has been
adjudicated a delinquent child
for
committing a 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, all of the information
the bureau receives
pursuant
to section
2950.14 of the Revised
Code, and any notice of
an
order terminating or modifying an offender's or delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06
of the Revised Code the bureau receives pursuant to
section
2152.84, 2152.85, or 2950.15 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. The registry shall not be 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. In addition to the
information and material previously
identified in this division,
the registry shall include all of
the following regarding each
person who is listed in the
registry:
(a) A citation for, and the name of, all sexually
oriented
offenses or child-victim oriented offenses of which the
person
was convicted, to which the person pleaded guilty, or for
which
the person was adjudicated a delinquent child and that
resulted
in a registration duty, and the date on which those
offenses were
committed;
(b) The text of the sexually oriented offenses or
child-victim
oriented offenses identified in division (A)(1)(a)
of this section
as those offenses existed at the time the person
was convicted of,
pleaded guilty to, or was adjudicated a
delinquent child for
committing those offenses, or a link to a
database that sets forth
the text of those offenses;
(c) A statement as to whether the person is a tier I sex
offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender for the sexually oriented offenses
or child-victim oriented offenses identified in division (A)(1)(a)
of this section;
(d) The community supervision status of the person,
including, but not limited to, whether the person is serving a
community control sanction and the nature of any such sanction,
whether the person is under supervised release and the nature of
the release, or regarding a juvenile, whether the juvenile is
under any type of release authorized under Chapter 2152. or 5139.
of the Revised Code and the nature of any such release;
(e) The offense and delinquency history of the person, as
determined from information gathered or provided under sections
109.57 and 2950.14 of the Revised Code;
(f) The bureau of criminal identification and investigation
tracking number assigned to the person if one has been so
assigned, the federal bureau of investigation number assigned to
the person if one has been assigned and the bureau of criminal
identification and investigation is aware of the number, and any
other state identification number assigned to the person of which
the bureau is aware;
(g) Fingerprints and palmprints of the person;
(h) A DNA specimen, as defined in section 109.573 of the
Revised Code, from the person;
(i) Whether the person has any outstanding arrest warrants;
(j) Whether the person is in compliance with the person's
duties under this chapter.
(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 or a child-victim oriented
offense and and is in
a
category specified in division (F)(1) of that section and
rules
that prescribe
a manner in
which
victims of a
sexually
oriented
offense or a child-victim oriented offense committed
by
an
offender
or a
delinquent child who is in a category specified in
division (B)(1) of section
2950.10 of the Revised Code 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 or 2950.032 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
materials,
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,
2950.06, and 2950.11 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
committed a sexually oriented
offense or a
child-victim oriented offense and is in a category
specified in
division (F)(1) of that section;
(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)
and, (A)(10), and (A)(11)
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 a sexually oriented offense or a child-victim
oriented
offense and registers in any county in this state
pursuant to
section 2950.04 or 2950.041 of the Revised Code and
for every
delinquent child who has committed a sexually oriented
offense,
is a public registry-qualified juvenile offender
registrant, and
registers in any county in this state pursuant to
either such
section. The bureau shall not include on the database
the
identity of any offender's or public registry-qualified
juvenile
offender registrant's victim,
any offender's or public
registry-qualified juvenile offender
registrant's social security
number, the name of any school or
institution of higher education
attended by any offender or public
registry-qualified juvenile
offender registrant, the name of the
place of employment of any
offender or public registry-qualified
juvenile offender
registrant, any tracking or identification
number described in
division (A)(1)(f) of this section, or any
information described
in division (C)(7) of section 2950.04 or
2950.041 of the Revised
Code. The bureau shall provide on the
database, for each offender
and each public registry-qualified
juvenile offender registrant,
at least the information specified
in divisions (A)(11)(a) to (h)
of this section. Otherwise, the
bureau shall determine the
information to be provided on the
database for each offender and
public registry-qualified juvenile
offender registrant 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 database
is a public record
open for inspection under section
149.43 of
the Revised Code,
and it shall be searchable by offender
or
public
registry-qualified juvenile offender registrant 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 and
public
registry-qualified juvenile offender registrants 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. The
bureau shall provide on the database, for each offender and public
registry-qualified juvenile offender registrant, at least the
following information:
(a) The information described in divisions (A)(1)(a), (b),
(c), and (d) of this section relative to the offender or public
registry-qualified juvenile offender registrant;
(b) The address of the offender's or public
registry-qualified juvenile offender registrant's school,
institution of
higher education, or place of employment provided
in a
registration form;
(c) The information described in division (C)(6) of section
2950.04 or 2950.041 of the Revised Code;
(d) A chart
describing which sexually oriented offenses and
child-victim
oriented offenses are included in the definitions of
tier I sex
offender/child-victim offender, tier II sex
offender/child-victim
offender, and tier III sex
offender/child-victim offender;
(e) Fingerprints and palm prints palmprints of the offender
or public
registry-qualified juvenile offender registrant and a
DNA specimen
from the offender or public registry-qualified
juvenile offender
registrant;
(f) The information set forth in division (B) of section
2950.11 of the Revised Code;
(g) Any outstanding arrest warrants for the offender or
public registry-qualified juvenile offender registrant;
(h) The offender's or public registry-qualified juvenile
offender registrant's compliance status with duties under this
chapter.
(12) Develop software to be used by
sheriffs in establishing
on the internet a sex offender and
child-victim offender database
for the public dissemination of
some or all of the information
and materials described in division
(A) of section 2950.081 of
the Revised Code that are public
records under that division,
that are not prohibited from
inclusion by division (B) of that
section, and that pertain to
offenders and public
registry-qualified juvenile offender
registrants who register in
the sheriff's 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 and, upon the request of any
sheriff, provide technical
guidance to the requesting sheriff in
establishing on the
internet such a database;
(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
and materials 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, aliases, residence
address, name and address of any place of employment, school,
institution of higher education, if applicable,
license plate
number of each vehicle identified in
division
(C)(5) of section
2950.04 or 2950.041 of the Revised Code
to the
extent
applicable, victim preference if available, date of
most
recent
release from confinement if applicable, fingerprints,
and
palmprints, all of the information and material described in
division divisions (A)(1)(a) to (h) of this section regarding the
offender
or delinquent child, 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.
(14) Through the bureau of criminal identification and
investigation, maintain a list of requests for notice about a
specified offender or delinquent child or specified geographical
notification area made pursuant to division (J) of section 2950.11
of the Revised Code and, when an offender or delinquent child
changes residence to another county, forward any requests for
information about that specific offender or delinquent child to
the appropriate sheriff;
(15) Through the bureau of criminal identification and
investigation, establish and operate a system for the immediate
notification by electronic means of the appropriate officials in
other states specified in this division each time an offender or
delinquent child registers a residence, school, institution of
higher education, or place of employment address under section
2950.04 or 2950.041 of the revised Revised Code or provides a
notice of a
change of address or registers a new address under
division (A) or
(B) of section 2950.05 of the Revised Code. The
immediate
notification by electronic means shall be provided to
the
appropriate officials in each state in which the offender or
delinquent child is required to register a residence, school,
institution of higher education, or place of employment address.
The notification shall contain the offender's or delinquent
child's name and all of the information the bureau receives from
the sheriff with whom the offender or delinquent child registered
the address or provided the notice of change of address or
registered the new address.
(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.
Section 2. That existing sections 2950.01, 2950.11, 2950.12,
and
2950.13 of the Revised Code are hereby repealed.
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