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S. B. No. 217 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Cafaro, Smith, Strahorn, Miller, R., Fedor, Wagoner, Kearney, Morano
A BILL
To amend sections 2950.04, 2950.041, 2950.06,
2950.081, 2950.11, 2950.111, and 2950.13 and to
enact sections 2950.044 and 2950.112 of the
Revised Code to require sex offenders/child-victim
offenders who register a residence address or
verify a registered residence address to provide
proof of residency at that address, to require
Tier III sex offenders/child-victim offenders to
verify their registered residence address every 30
days, to revise the criteria for subjecting
offenders and delinquent children to SORN Law
community notification, to expand SORN Law
community notification to also generally apply
when offenders or delinquent children verify their
registered residence address, and to generally
require a sheriff or designee to confirm by
personal observation a residence address
registered or verified by a Tier III sex
offender/child-victim offender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2950.04, 2950.041, 2950.06,
2950.081, 2950.11, 2950.111, and 2950.13 be amended and sections
2950.044 and 2950.112 of the Revised Code be enacted to read as
follows:
Sec. 2950.04. (A)(1)(a) Immediately after a sentencing
hearing is held on or after January 1, 2008, for an offender who
is convicted of or pleads guilty to a sexually oriented offense
and is sentenced to a prison term, a term of imprisonment, or any
other type of confinement and before the offender is transferred
to the custody of the department of rehabilitation and correction
or to the official in charge of the jail, workhouse, state
correctional institution, or other institution where the offender
will be confined, the offender shall register personally with the
sheriff, or the sheriff's designee, of the county in which the
offender was convicted of or pleaded guilty to the sexually
oriented offense.
(b) Immediately after a dispositional hearing is held on or
after January 1, 2008, for a child who is adjudicated a delinquent
child for committing a sexually oriented offense, is classified a
juvenile offender registrant based on that adjudication, and is
committed to the custody of the department of youth services or to
a secure facility that is not operated by the department and
before the child is transferred to the custody of the department
of youth services or the secure facility to which the delinquent
child is committed, the delinquent child shall register personally
with the sheriff, or the sheriff's designee, of the county in
which the delinquent child was classified a juvenile offender
registrant based on that sexually oriented offense.
(c) A law enforcement officer shall be present at the
sentencing hearing or dispositional hearing described in division
(A)(1)(a) or (b) of this section to immediately transport the
offender or delinquent child who is the subject of the hearing to
the sheriff, or the sheriff's designee, of the county in which the
offender or delinquent child is convicted, pleads guilty, or is
adjudicated a delinquent child.
(d) After an offender who has registered pursuant to division
(A)(1)(a) of this section is released from a prison term, a term
of imprisonment, or any other type of confinement, the offender
shall register as provided in division (A)(2) of this section.
After a delinquent child who has registered pursuant to division
(A)(1)(b) of this section is released from the custody of the
department of youth services or from a secure facility that is not
operated by the department, the delinquent child shall register as
provided in division (A)(3) of this section.
(2) Regardless of when the sexually oriented offense was
committed, each offender who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a sexually
oriented offense shall comply with the following registration
requirements described in divisions (A)(2)(a), (b), (c), (d), and
(e) of this section:
(a) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county within three days of the
offender's coming into a county in which the offender resides or
temporarily is domiciled for more than three days.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county immediately upon coming
into a county in which the offender attends a school or
institution of higher education on a full-time or part-time basis
regardless of whether the offender resides or has a temporary
domicile in this state or another state.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender is
employed if the offender resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen or more days in
that calendar year.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has been employed at any
location or locations in this state more than three days or for an
aggregate period of fourteen or more days in that calendar year.
(e) The offender shall register with the sheriff, or the
sheriff's designee, or other appropriate person of the other state
immediately upon entering into any state other than this state in
which the offender attends a school or institution of higher
education on a full-time or part-time basis or upon being employed
in any state other than this state for more than three days or for
an aggregate period of fourteen or more days in that calendar year
regardless of whether the offender resides or has a temporary
domicile in this state, the other state, or a different state.
(3)(a) Each child who is adjudicated a delinquent child for
committing a sexually oriented offense and who is classified a
juvenile offender registrant based on that adjudication shall
register personally with the sheriff, or the sheriff's designee,
of the county within three days of the delinquent child's coming
into a county in which the delinquent child resides or temporarily
is domiciled for more than three days.
(b) In addition to the registration duty imposed under
division (A)(3)(a) of this section, each public registry-qualified
juvenile offender registrant shall comply with the following
additional registration requirements:
(i) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the county immediately upon coming into a
county in which the registrant attends a school or institution of
higher education on a full-time or part-time basis regardless of
whether the registrant resides or has a temporary domicile in this
state or another state.
(ii) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the county in which the registrant is
employed if the registrant resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen or more days in
that calendar year.
(iii) The public registry-qualified juvenile offender
registrant shall register personally with the sheriff, or the
sheriff's designee, of the county in which the registrant then is
employed if the registrant does not reside or have a temporary
domicile in this state and has been employed at any location or
locations in this state more than three days or for an aggregate
period of fourteen or more days in that calendar year.
(iv) The public registry-qualified juvenile offender
registrant shall register with the sheriff, or the sheriff's
designee, or other appropriate person of the other state
immediately upon entering into any state other than this state in
which the registrant attends a school or institution of higher
education on a full-time or part-time basis or upon being employed
in any state other than this state for more than three days or for
an aggregate period of fourteen or more days in that calendar year
regardless of whether the registrant resides or has a temporary
domicile in this state, the other state, or a different state.
(c) If the delinquent child is committed for the sexually
oriented offense to the department of youth services or to a
secure facility that is not operated by the department, this duty
begins when the delinquent child is discharged or released in any
manner from custody in a department of youth services secure
facility or from the secure facility that is not operated by the
department if pursuant to the discharge or release the delinquent
child is not committed to any other secure facility of the
department or any other secure facility.
(4) Regardless of when the sexually oriented offense was
committed, each person who 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 in any nation other than the United States for committing a
sexually oriented offense shall comply with the following
registration requirements if, at the time the offender or
delinquent child moves to and resides in this state or temporarily
is domiciled in this state for more than three days, the offender
or public registry-qualified juvenile offender registrant enters
this state to attend a school or institution of higher education,
or the offender or public registry-qualified juvenile offender
registrant is employed in this state for more than the specified
period of time, the offender or delinquent child has a duty to
register as a sex offender or child-victim offender under the law
of that other jurisdiction as a result of the conviction, guilty
plea, or adjudication:
(a) Each offender and delinquent child shall register
personally with the sheriff, or the sheriff's designee, of the
county within three days of the offender's or delinquent child's
coming into the county in which the offender or delinquent child
resides or temporarily is domiciled for more than three days.
(b) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee, of the county immediately upon coming into
a county in which the offender or public registry-qualified
juvenile offender registrant attends a school or institution of
higher education on a full-time or part-time basis regardless of
whether the offender or public registry-qualified juvenile
offender registrant resides or has a temporary domicile in this
state or another state.
(c) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee, of the county in which the offender or
public registry-qualified juvenile offender registrant is employed
if the offender resides or has a temporary domicile in this state
and has been employed in that county for more than three days or
for an aggregate period of fourteen days or more in that calendar
year.
(d) Each offender or public registry-qualified juvenile
offender registrant shall register personally with the sheriff, or
the sheriff's designee, of the county in which the offender or
public registry-qualified juvenile offender registrant then is
employed if the offender or public registry-qualified juvenile
offender registrant does not reside or have a temporary domicile
in this state and has been employed at any location or locations
in this state for more than three days or for an aggregate period
of fourteen or more days in that calendar year.
(5) An offender or a delinquent child who is a public
registry-qualified juvenile offender registrant is not required to
register under division (A)(2), (3), or (4) of this section if a
court issues an order terminating the offender's or delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code pursuant to section 2950.15 of the
Revised Code. A delinquent child who is a juvenile offender
registrant but is not a public registry-qualified juvenile
offender registrant is not required to register under any of those
divisions if a juvenile court issues an order declassifying the
delinquent child as a juvenile offender registrant pursuant to
section 2152.84 or 2152.85 of the Revised Code.
(B) An offender or delinquent child who is required by
division (A) of this section to register in this state personally
shall obtain from the sheriff or from a designee of the sheriff a
registration form that conforms to division (C) of this section,
shall complete and sign the form, and shall return the completed
form together with the offender's or delinquent child's
photograph, copies of travel and immigration documents, and any
other required material to the sheriff or the designee, and if the
address being registered is the offender's or delinquent child's
residence address shall provide proof in accordance with section
2950.044 of the Revised Code that the offender or delinquent child
resides at that residence address. The sheriff or designee shall
sign the form and indicate on the form the date on which it is so
returned and the type of proof of residence provided. The
registration required under this division is complete when the
offender or delinquent child returns the form, containing the
requisite information, photograph, other required material,
signatures, and date, to the sheriff or designee and if the
address being registered is the offender's or delinquent child's
residence address provides proof that the offender or delinquent
child resides at that residence address.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include or contain all of the following
for the offender or delinquent child who is registering:
(1) The offender's or delinquent child's name and any aliases
used by the offender or delinquent child;
(2) The offender's or delinquent child's social security
number and date of birth, including any alternate social security
numbers or dates of birth that the offender or delinquent child
has used or uses;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1) of this
section, a statement that the offender is serving a prison term,
term of imprisonment, or any other type of confinement or a
statement that the delinquent child is in the custody of the
department of youth services or is confined in a secure facility
that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(2), (3), or
(4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than three days, the current residence address
of the offender or delinquent child who is registering, the name
and address of the offender's or delinquent child's employer if
the offender or delinquent child is employed at the time of
registration or if the offender or delinquent child knows at the
time of registration that the offender or delinquent child will be
commencing employment with that employer subsequent to
registration, any other employment information, such as the
general area where the offender or delinquent child is employed,
if the offender or delinquent child is employed in many locations,
and the name and address of the offender's or public
registry-qualified juvenile offender registrant's school or
institution of higher education if the offender or public
registry-qualified juvenile offender registrant attends one at the
time of registration or if the offender or public
registry-qualified juvenile offender registrant knows at the time
of registration that the offender or public registry-qualified
juvenile offender registrant will be commencing attendance at that
school or institution subsequent to registration;
(5) Regarding an offender or public registry-qualified
juvenile offender registrant who is registering under a duty
imposed under division (A)(2), (3), or (4) of this section as a
result of the offender or public registry-qualified juvenile
offender registrant attending a school or institution of higher
education in this state on a full-time or part-time basis or being
employed in this state or in a particular county in this state,
whichever is applicable, for more than three days or for an
aggregate of fourteen or more days in any calendar year, the name
and current address of the school, institution of higher
education, or place of employment of the offender or public
registry-qualified juvenile offender registrant who is
registering, including any other employment information, such as
the general area where the offender or public registry-qualified
juvenile offender registrant is employed, if the offender or
public registry-qualified juvenile offender registrant is employed
in many locations;
(6) The identification license plate number of each vehicle
the offender or delinquent child owns, of each vehicle registered
in the offender's or delinquent child's name, of each vehicle the
offender or delinquent child operates as a part of employment, and
of each other vehicle that is regularly available to be operated
by the offender or delinquent child; a description of where each
vehicle is habitually parked, stored, docked, or otherwise kept;
and, if required by the bureau of criminal identification and
investigation, a photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver's or
commercial driver's license or permit issued by this state or any
other state or a state identification card issued under section
4507.50 or 4507.51 of the Revised Code or a comparable
identification card issued by another state, the driver's license
number, commercial driver's license number, or state
identification card number;
(8) If the offender or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing the sexually oriented offense resulting in the
registration duty 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, a DNA specimen, as defined in
section 109.573 of the Revised Code, from the offender or
delinquent child, a citation for, and the name of, the sexually
oriented offense resulting in the registration duty, and a
certified copy of a document that describes the text of that
sexually oriented offense;
(9) A description of each professional and occupational
license, permit, or registration, including those licenses,
permits, and registrations issued under Title XLVII of the Revised
Code, held by the offender or delinquent child;
(10) Any email addresses, internet identifiers, or telephone
numbers registered to or used by the offender or delinquent child;
(11) Any other information required by the bureau of criminal
identification and investigation.
(D) After an offender or delinquent child registers with a
sheriff, or the sheriff's designee, pursuant to this section, the
sheriff, or the sheriff's designee, shall forward the signed,
written registration form, photograph, and other material to the
bureau of criminal identification and investigation in accordance
with the forwarding procedures adopted pursuant to section 2950.13
of the Revised Code. If an offender registers a school,
institution of higher education, or place of employment address,
or provides a school or institution of higher education address
under division (C)(4) of this section, the sheriff also shall
provide notice to the law enforcement agency with jurisdiction
over the premises of the school, institution of higher education,
or place of employment of the offender's name and that the
offender has registered that address as a place at which the
offender attends school or an institution of higher education or
at which the offender is employed. The bureau shall include the
information and materials forwarded to it under this division in
the state registry of sex offenders and child-victim offenders
established and maintained under section 2950.13 of the Revised
Code.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is
required to send a notice of intent to reside pursuant to division
(G) of this section, shall fail to register or send the notice of
intent as required in accordance with those divisions or that
division.
(F) An offender or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code, with the duty commencing
on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is a tier III sex
offender/child-victim offender, the offender or delinquent child
also shall send the sheriff, or the sheriff's designee, of the
county in which the offender or delinquent child intends to reside
written notice of the offender's or delinquent child's intent to
reside in the county. The offender or delinquent child shall send
the notice of intent to reside at least twenty days prior to the
date the offender or delinquent child begins to reside in the
county. The notice of intent to reside shall contain the following
information:
(1) The offender's or delinquent child's name;
(2) The address or addresses at which the offender or
delinquent child intends to reside;
(3) The sexually oriented offense of which the offender was
convicted, to which the offender pleaded guilty, or for which the
child was adjudicated a delinquent child.
(H) If, immediately prior to January 1, 2008, an offender or
delinquent child who was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense as those terms were
defined in section 2950.01 of the Revised Code prior to January 1,
2008, was required by division (A) of this section or section
2950.041 of the Revised Code to register and if, on or after
January 1, 2008, that offense is a sexually oriented offense as
that term is defined in section 2950.01 of the Revised Code on and
after January 1, 2008, the duty to register that is imposed
pursuant to this section on and after January 1, 2008, shall be
considered, for purposes of section 2950.07 of the Revised Code
and for all other purposes, to be a continuation of the duty
imposed upon the offender or delinquent child prior to January 1,
2008, under this section or section 2950.041 of the Revised Code.
Sec. 2950.041. (A)(1)(a) Immediately after a sentencing
hearing is held on or after January 1, 2008, for an offender who
is convicted of or pleads guilty to a child-victim oriented
offense and is sentenced to a prison term, a term of imprisonment,
or any other type of confinement and before the offender is
transferred to the custody of the department of rehabilitation and
correction or to the official in charge of the jail, workhouse,
state correctional institution, or other institution where the
offender will be confined, the offender shall register personally
with the sheriff, or the sheriff's designee, of the county in
which the offender was convicted of or pleaded guilty to the
child-victim offense.
(b) Immediately after a dispositional hearing is held on or
after January 1, 2008, for a child who is adjudicated a delinquent
child for committing a child-victim oriented offense, is
classified a juvenile offender registrant based on that
adjudication, and is committed to the custody of the department of
youth services or to a secure facility that is not operated by the
department and before the child is transferred to the custody of
the department of youth services or the secure facility to which
the delinquent child is committed, the delinquent child shall
register personally with the sheriff, or the sheriff's designee,
of the county in which the delinquent child was classified a
juvenile offender registrant based on that child-victim oriented
offense.
(c) A law enforcement officer shall be present at the
sentencing hearing or dispositional hearing described in division
(A)(1)(a) or (b) of this section to immediately transport the
offender or delinquent child who is the subject of the hearing to
the sheriff, or the sheriff's designee, of the county in which the
offender or delinquent child is convicted, pleads guilty, or is
adjudicated a delinquent child.
(d) After an offender who has registered pursuant to division
(A)(1)(a) of this section is released from a prison term, a term
of imprisonment, or any other type of confinement, the offender
shall register as provided in division (A)(2) of this section.
After a delinquent child who has registered pursuant to division
(A)(1)(b) of this section is released from the custody of the
department of youth services or from a secure facility that is not
operated by the department, the delinquent child shall register as
provided in division (A)(3) of this section.
(2) Regardless of when the child-victim oriented offense was
committed, each offender who is convicted of, pleads guilty to,
has been convicted of, or has pleaded guilty to a child-victim
oriented offense shall comply with all of the following
registration requirements:
(a) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county within three days of the
offender's coming into a county in which the offender resides or
temporarily is domiciled for more than three days.
(b) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county immediately upon coming
into a county in which the offender attends a school or
institution of higher education on a full-time or part-time basis
regardless of whether the offender resides or has a temporary
domicile in this state or another state.
(c) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender is
employed if the offender resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen or more days in
that calendar year.
(d) The offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has been employed at any
location or locations in this state for more than three days or
for an aggregate period of fourteen or more days in that calendar
year.
(e) The offender shall register personally with the sheriff,
or the sheriff's designee, or other appropriate person of the
other state immediately upon entering into any state other than
this state in which the offender attends a school or institution
of higher education on a full-time or part-time basis or upon
being employed in any state other than this state for more than
three days or for an aggregate period of fourteen or more days in
that calendar year regardless of whether the offender resides or
has a temporary domicile in this state, the other state, or a
different state.
(3) Regardless of when the child-victim oriented offense was
committed, each child who on or after July 31, 2003, is
adjudicated a delinquent child for committing a child-victim
oriented offense and who is classified a juvenile offender
registrant based on that adjudication shall register personally
with the sheriff, or the sheriff's designee, of the county within
three days of the delinquent child's coming into a county in which
the delinquent child resides or temporarily is domiciled for more
than three days. If the delinquent child is committed for the
child-victim oriented offense to the department of youth services
or to a secure facility that is not operated by the department,
this duty begins when the delinquent child is discharged or
released in any manner from custody in a department of youth
services secure facility or from the secure facility that is not
operated by the department if pursuant to the discharge or release
the delinquent child is not committed to any other secure facility
of the department or any other secure facility.
(4) Regardless of when the child-victim oriented offense was
committed, each person who 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 in any nation other than the United States for committing a
child-victim oriented offense shall comply with all of the
following registration requirements if, at the time the offender
or delinquent child moves to and resides in this state or
temporarily is domiciled in this state for more than three days,
the offender enters this state to attend the school or institution
of higher education, or the offender is employed in this state for
more than the specified period of time, the offender or delinquent
child has a duty to register as a child-victim offender or sex
offender under the law of that other jurisdiction as a result of
the conviction, guilty plea, or adjudication:
(a) Each offender and delinquent child shall register
personally with the sheriff, or the sheriff's designee, of the
county within three days of the offender's or delinquent child's
coming into the county in which the offender or delinquent child
resides or temporarily is domiciled for more than three days.
(b) Each offender shall register personally with the sheriff,
or the sheriff's designee, of the county immediately upon coming
into a county in which the offender attends a school or
institution of higher education on a full-time or part-time basis
regardless of whether the offender resides or has a temporary
domicile in this state or another state.
(c) Each offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender is
employed if the offender resides or has a temporary domicile in
this state and has been employed in that county for more than
three days or for an aggregate period of fourteen days or more in
that calendar year.
(d) Each offender shall register personally with the sheriff,
or the sheriff's designee, of the county in which the offender
then is employed if the offender does not reside or have a
temporary domicile in this state and has not been employed at any
location or locations in this state for more than three days or
for an aggregate period of fourteen or more days in that calendar
year.
(5) An offender is not required to register under division
(A)(2), (3), or (4) of this section if a court issues an order
terminating the offender's duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to
section 2950.15 of the Revised Code. A delinquent child who is a
juvenile offender registrant but is not a public
registry-qualified juvenile offender registrant is not required to
register under any of those divisions if a juvenile court issues
an order declassifying the delinquent child as a juvenile offender
registrant pursuant to section 2152.84 or 2152.85 of the Revised
Code.
(B) An offender or delinquent child who is required by
division (A) of this section to register in this state personally
shall do so in the manner described in division (B) of section
2950.04 of the Revised Code, including if the address being
registered is the offender's or delinquent child's residence
address by providing proof that the offender or delinquent child
resides at that residence address, and the registration is
complete as described in that division.
(C) The registration form to be used under divisions (A) and
(B) of this section shall include or contain all of the following
for the offender or delinquent child who is registering:
(1) The offender's or delinquent child's name, any aliases
used by the offender or delinquent child, and a photograph of the
offender or delinquent child;
(2) The offender's or delinquent child's social security
number and date of birth, including any alternate social security
numbers or dates of birth that the offender or delinquent child
has used or uses;
(3) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(1) of this
section, a statement that the offender is serving a prison term,
term of imprisonment, or any other type of confinement or a
statement that the delinquent child is in the custody of the
department of youth services or is confined in a secure facility
that is not operated by the department;
(4) Regarding an offender or delinquent child who is
registering under a duty imposed under division (A)(2), (3), or
(4) of this section as a result of the offender or delinquent
child residing in this state or temporarily being domiciled in
this state for more than three days, all of the information
described in division (C)(4) of section 2950.04 of the Revised
Code;
(5) Regarding an offender who is registering under a duty
imposed under division (A)(2) or (4) of this section as a result
of the offender attending a school or institution of higher
education on a full-time or part-time basis or being employed in
this state or in a particular county in this state, whichever is
applicable, for more than three days or for an aggregate of
fourteen or more days in any calendar year, all of the information
described in division (C)(5) of section 2950.04 of the Revised
Code;
(6) The identification license plate number issued by this
state or any other state of each vehicle the offender or
delinquent child owns, of each vehicle registered in the
offender's or delinquent child's name, of each vehicle the
offender or delinquent child operates as a part of employment, and
of each other vehicle that is regularly available to be operated
by the offender or delinquent child; a description of where each
vehicle is habitually parked, stored, docked, or otherwise kept;
and, if required by the bureau of criminal identification and
investigation, a photograph of each of those vehicles;
(7) If the offender or delinquent child has a driver's or
commercial driver's license or permit issued by this state or any
other state or a state identification card issued under section
4507.50 or 4507.51 of the Revised Code or a comparable
identification card issued by another state, the driver's license
number, commercial driver's license number, or state
identification card number;
(8) If the offender or delinquent child was convicted of,
pleaded guilty to, or was adjudicated a delinquent child for
committing the child-victim oriented offense resulting in the
registration duty 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, a DNA specimen, as defined in
section 109.573 of the Revised Code, from the offender or
delinquent child, a citation for, and the name of, the
child-victim oriented offense resulting in the registration duty,
and a certified copy of a document that describes the text of that
child-victim oriented offense;
(9) Copies of travel and immigration documents;
(10) A description of each professional and occupational
license, permit, or registration, including those licenses,
permits, and registrations issued under Title XLVII of the Revised
Code, held by the offender or delinquent child;
(11) Any email addresses, internet identifiers, or telephone
numbers registered to or used by the offender or delinquent child;
(12) Any other information required by the bureau of criminal
identification and investigation.
(D) Division (D) of section 2950.04 of the Revised Code
applies when an offender or delinquent child registers with a
sheriff pursuant to this section.
(E) No person who is required to register pursuant to
divisions (A) and (B) of this section, and no person who is
required to send a notice of intent to reside pursuant to division
(G) of this section, shall fail to register or send the notice as
required in accordance with those divisions or that division.
(F) An offender or delinquent child who is required to
register pursuant to divisions (A) and (B) of this section shall
register pursuant to this section for the period of time specified
in section 2950.07 of the Revised Code, with the duty commencing
on the date specified in division (A) of that section.
(G) If an offender or delinquent child who is required by
division (A) of this section to register is a tier III sex
offender/child-victim offender, the offender or delinquent child
also shall send the sheriff, or the sheriff's designee, of the
county in which the offender or delinquent child intends to reside
written notice of the offender's or delinquent child's intent to
reside in the county. The offender or delinquent child shall send
the notice of intent to reside at least twenty days prior to the
date the offender or delinquent child begins to reside in the
county. The notice of intent to reside shall contain all of the
following information:
(1) The information specified in divisions (G)(1) and (2) of
section 2950.04 of the Revised Code;
(2) The child-victim oriented offense of which the offender
was convicted, to which the offender pleaded guilty, or for which
the child was adjudicated a delinquent child.
(H) If, immediately prior to January 1, 2008, an offender or
delinquent child who was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a child-victim
oriented offense or a sexually oriented offense as those terms
were defined in section 2950.01 of the Revised Code prior to
January 1, 2008, was required by division (A) of this section or
section 2950.04 of the Revised Code to register and if, on or
after January 1, 2008, that offense is a child-victim oriented
offense as that term is defined in section 2950.01 of the Revised
Code on and after January 1, 2008, the duty to register that is
imposed pursuant to this section on and after January 1, 2008,
shall be considered, for purposes of section 2950.07 of the
Revised Code and for all other purposes, to be a continuation of
the duty imposed upon the offender or delinquent child prior to
January 1, 2008, under this section or section 2950.04 of the
Revised Code.
Sec. 2950.044. (A) An offender or delinquent child who
registers a residence address under section 2950.04, 2950.041, or
2950.05 of the Revised Code or who verifies a residence address
under section 2950.06 of the Revised Code shall provide proof that
the offender or delinquent child resides at the address registered
or verified by showing to the sheriff or designee with whom the
offender or delinquent child registers or verifies the address one
of the following:
(1) A current and valid photo identification or military
identification of the offender or delinquent child that includes
that address as the offender's or delinquent child's residence
address;
(2) A copy of a current utility bill, bank statement,
government check, paycheck, or other government document that
shows the offender's or delinquent child's name and that residence
address for the offender or delinquent child;
(3) Another type of proof of residence specified in a rule
adopted by the attorney general pursuant to section 2950.13 of the
Revised Code that shows that the offender or delinquent child
resides at that residence address.
(B) If an offender or delinquent child who registers a
residence address under section 2950.04, 2950.041, or 2950.05 of
the Revised Code does not have any of the forms of proof of
residence required under division (A) of this section regarding
the address being registered, the offender or delinquent child may
execute an affirmation under penalty of falsification that the
offender or delinquent child cannot provide the proof of residence
required under that division regarding that residence address but
that the offender or delinquent child resides at that residence
address. The attorney general shall prescribe pursuant to section
2950.13 of the Revised Code the form of the affirmation, which
shall include the offender's or delinquent child's name, the
residence address registered by the offender or delinquent child,
and the offender's or delinquent child's signature affirming that
the address so registered is the offender's or delinquent child's
residence address at that time. If an offender or delinquent child
who registers a residence address executes an affirmation as
described in this division, both of the following apply:
(1) The execution of the affirmation constitutes proof that
the offender or delinquent child resides at that residence address
for purposes of the registration under section 2950.04, 2950.041,
or 2950.05 of the Revised Code, whichever is applicable.
(2) The execution of the affirmation is not relevant and does
not constitute proof of residence for purposes of any subsequent
verification of that residence address pursuant to section 2950.06
of the Revised Code.
(C)(1) Division (A) of this section applies to a residence
address verified as described in division (A) of this section only
if the residence address is verified on and after the effective
date of a rule adopted by the attorney general pursuant to section
2950.13 of the Revised Code that specifies one or more types of
proof of residence, in addition to those identified in divisions
(A)(1) and (2) of this section, that an offender or delinquent
child may use to provide proof that the offender or delinquent
child resides at a verified residence address.
(2) Divisions (A) and (B) of this section apply to a
residence address registered as described in division (A) of this
section only if the residence address is registered on and after
the effective date described in division (C)(1) of this section or
the date on which the attorney general prescribes pursuant to
section 2950.13 of the Revised Code the form of an affirmation
that an offender or delinquent child may execute to provide proof
that the offender or delinquent child resides at a registered
residence address, whichever is later.
Sec. 2950.06. (A) An offender or delinquent child who is
required to register a residence address pursuant to division
(A)(2), (3), or (4) of section 2950.04 or 2950.041 of the Revised
Code shall periodically verify the offender's or delinquent
child's current residence address, and an offender or public
registry-qualified juvenile offender registrant who is required to
register a school, institution of higher education, or place of
employment address pursuant to any of those divisions shall
periodically verify the address of the offender's or public
registry-qualified juvenile offender registrant's current school,
institution of higher education, or place of employment, in
accordance with this section. The frequency of verification shall
be determined in accordance with division (B) of this section, and
the manner of verification shall be determined in accordance with
division (C) of this section.
(B) The frequency with which an offender or delinquent child
must verify the offender's or delinquent child's current
residence, school, institution of higher education, or place of
employment address pursuant to division (A) of this section shall
be determined as follows:
(1) Regardless of when the sexually oriented offense or
child-victim oriented offense for which the offender or delinquent
child is required to register was committed, if the offender or
delinquent child is a tier I sex offender/child-victim offender,
the offender shall verify the offender's current residence address
or current school, institution of higher education, or place of
employment address, and the delinquent child shall verify the
delinquent child's current residence address, in accordance with
division (C) of this section on each anniversary of the offender's
or delinquent child's initial registration date during the period
the offender or delinquent child is required to register.
(2) Regardless of when the sexually oriented offense or
child-victim oriented offense for which the offender or delinquent
child is required to register was committed, if the offender or
delinquent child is a tier II sex offender/child-victim offender,
the offender shall verify the offender's current residence address
or current school, institution of higher education, or place of
employment address, and the delinquent child shall verify the
delinquent child's current residence address, in accordance with
division (C) of this section every one hundred eighty days after
the offender's or delinquent child's initial registration date
during the period the offender or delinquent child is required to
register.
(3) Regardless of when the sexually oriented offense or
child-victim oriented offense for which the offender or delinquent
child is required to register was committed, if the offender or
delinquent child is a tier III sex offender/child-victim offender,
the offender shall verify the offender's current residence address
or current school, institution of higher education, or place of
employment address, and the delinquent child shall verify the
delinquent child's current residence address and, if the
delinquent child is a public registry-qualified juvenile offender
registrant, the current school, institution of higher education,
or place of employment address, in accordance with division (C) of
this section every ninety thirty days after the offender's or
delinquent child's initial registration date during the period the
offender or delinquent child is required to register.
(4) If, prior to January 1, 2008, an offender or delinquent
child registered with a sheriff under a duty imposed under section
2950.04 or 2950.041 of the Revised Code as a result of a
conviction of, plea of guilty to, or adjudication as a delinquent
child for committing a sexually oriented offense or a child-victim
oriented offense as those terms were defined in section 2950.01 of
the Revised Code prior to January 1, 2008, the duty to register
that is imposed on the offender or delinquent child pursuant to
section 2950.04 or 2950.041 of the Revised Code on and after
January 1, 2008, is a continuation of the duty imposed upon the
offender prior to January 1, 2008, under section 2950.04 or
2950.041 of the Revised Code and, for purposes of divisions
(B)(1), (2), and (3) of this section, the offender's initial
registration date related to that offense is the date on which the
offender initially registered under section 2950.04 or 2950.041 of
the Revised Code.
(5) The amendment to division (B)(3) of this section that
takes effect on the effective date of this division applies to all
offenders and delinquent children in a category described in that
division who commit their sexually oriented offense or
child-victim oriented offense on or after the effective date of
this division. The amendment to division (B)(3) of this section
that takes effect on the effective date of this division applies
to all offenders and delinquent children who, on and after January
1, 2008, and prior to the effective date of this division, were
required pursuant to that division as it existed between those
dates to verify a residence address every ninety days after the
offender's or delinquent child's initial registration date,
provided that the amendment does not apply to those offenders and
delinquent children until the first time on or after the effective
date of this division that the offender or delinquent child
verifies the residence address, provides notice of a change in
residence address, or registers a new residence address.
If an offender or delinquent child, on and after January 1,
2008, and prior to the effective date of this division, was
required pursuant to division (B)(3) of this section as it existed
between those dates to verify a residence address every ninety
days after the offender's or delinquent child's initial
registration date, the first time on or after the effective date
of this division that the offender or delinquent child verifies
the residence address, provides notice of a change in residence
address, or registers a new residence address, the sheriff with
whom the offender or delinquent child verifies or registers the
address or to whom the offender or delinquent child provides the
notice of a change in address shall inform the offender or
delinquent child of the amendment to division (B)(3) of this
section that takes effect on the effective date of this division
and of the offender's or delinquent child's duty thereafter to
verify the residence address with the frequency specified in that
amendment.
(C)(1) An offender or delinquent child who is required to
verify the offender's or delinquent child's current residence,
school, institution of higher education, or place of employment
address pursuant to division (A) of this section shall verify the
address with the sheriff with whom the offender or delinquent
child most recently registered the address by personally appearing
before the sheriff or a designee of the sheriff, no earlier than
ten days before the date on which the verification is required
pursuant to division (B) of this section and no later than the
date so required for verification, and completing and signing a
copy of the verification form prescribed by the bureau of criminal
identification and investigation, and if the address being
verified is the offender's or delinquent child's residence address
providing proof in accordance with section 2950.044 of the Revised
Code that the offender or delinquent child resides at that
residence address. The sheriff or designee shall sign the
completed form and indicate on the form the date on which it is so
completed and the type of proof of residence provided. The
verification required under this division is complete when the
offender or delinquent child personally appears before the sheriff
or designee and completes and signs the form as described in this
division and if the address being verified is the offender's or
delinquent child's residence address provides the proof that the
offender or delinquent child resides at the address verified.
(2) To facilitate the verification of an offender's or
delinquent child's current residence, school, institution of
higher education, or place of employment address, as applicable,
under division (C)(1) of this section, the sheriff with whom the
offender or delinquent child most recently registered the address
may mail a nonforwardable verification form prescribed by the
bureau of criminal identification and investigation to the
offender's or delinquent child's last reported address and to the
last reported address of the parents of the delinquent child, with
a notice that conspicuously states that the offender or delinquent
child must personally appear before the sheriff or a designee of
the sheriff to complete the form and the date by which the form
must be so completed. Regardless of whether a sheriff mails a form
to an offender or delinquent child and that child's parents, each
offender or delinquent child who is required to verify the
offender's or delinquent child's current residence, school,
institution of higher education, or place of employment address,
as applicable, pursuant to division (A) of this section shall
personally appear before the sheriff or a designee of the sheriff
to verify the address in accordance with division (C)(1) of this
section.
(D) The verification form to be used under division (C) of
this section shall contain all of the following:
(1) Except as provided in division (D)(2) of this section,
the current residence address of the offender or delinquent child,
the name and address of the offender's or delinquent child's
employer if the offender or delinquent child is employed at the
time of verification or if the offender or delinquent child knows
at the time of verification that the offender or delinquent child
will be commencing employment with that employer subsequent to
verification, the name and address of the offender's or public
registry-qualified juvenile offender registrant's school or
institution of higher education if the offender or public
registry-qualified juvenile offender registrant attends one at the
time of verification or if the offender or public
registry-qualified juvenile offender registrant knows at the time
of verification that the offender will be commencing attendance at
that school or institution subsequent to verification, and any
other information required by the bureau of criminal
identification and investigation.
(2) Regarding an offender or public registry-qualified
juvenile offender registrant who is verifying a current school,
institution of higher education, or place of employment address,
the name and current address of the school, institution of higher
education, or place of employment of the offender or public
registry-qualified juvenile offender registrant and any other
information required by the bureau of criminal identification and
investigation.
(E) Upon an offender's or delinquent child's personal
appearance and completion of a verification form under division
(C) of this section, a sheriff promptly shall forward a copy of
the verification form to the bureau of criminal identification and
investigation in accordance with the forwarding procedures adopted
by the attorney general pursuant to section 2950.13 of the Revised
Code. If an offender or public registry-qualified juvenile
offender registrant verifies a school, institution of higher
education, or place of employment address, or provides a school or
institution of higher education address under division (D)(1) of
this section, the sheriff also shall provide notice to the law
enforcement agency with jurisdiction over the premises of the
school, institution of higher education, or place of employment of
the offender's or public registry-qualified juvenile offender
registrant's name and that the offender or public
registry-qualified juvenile offender registrant has verified or
provided that address as a place at which the offender or public
registry-qualified juvenile offender registrant attends school or
an institution of higher education or at which the offender or
public registry-qualified juvenile offender registrant is
employed. The bureau shall include all information forwarded to it
under this division in the state registry of sex offenders and
child-victim offenders established and maintained under section
2950.13 of the Revised Code.
(F) No person who is required to verify a current residence,
school, institution of higher education, or place of employment
address, as applicable, pursuant to divisions (A) to (C) of this
section shall fail to verify a current residence, school,
institution of higher education, or place of employment address,
as applicable, in accordance with those divisions by the date
required for the verification as set forth in division (B) of this
section, provided that no person shall be prosecuted or subjected
to a delinquent child proceeding for a violation of this division,
and that no parent, guardian, or custodian of a delinquent child
shall be prosecuted for a violation of section 2919.24 of the
Revised Code based on the delinquent child's violation of this
division, prior to the expiration of the period of time specified
in division (G) of this section.
(G)(1) If an offender or delinquent child fails to verify a
current residence, school, institution of higher education, or
place of employment address, as applicable, as required by
divisions (A) to (C) of this section by the date required for the
verification as set forth in division (B) of this section, the
sheriff with whom the offender or delinquent child is required to
verify the current address, on the day following that date
required for the verification, shall send a written warning to the
offender or to the delinquent child and that child's parents, at
the offender's or delinquent child's and that child's parents'
last known residence, school, institution of higher education, or
place of employment address, as applicable, regarding the
offender's or delinquent child's duty to verify the offender's or
delinquent child's current residence, school, institution of
higher education, or place of employment address, as applicable.
The written warning shall do all of the following:
(a) Identify the sheriff who sends it and the date on which
it is sent;
(b) State conspicuously that the offender or delinquent child
has failed to verify the offender's or public registry-qualified
juvenile offender registrant's current residence, school,
institution of higher education, or place of employment address or
the current residence address of a delinquent child who is not a
public registry-qualified juvenile offender registrant by the date
required for the verification;
(c) Conspicuously state that the offender or delinquent child
has seven days from the date on which the warning is sent to
verify the current residence, school, institution of higher
education, or place of employment address, as applicable, with the
sheriff who sent the warning;
(d) Conspicuously state that a failure to timely verify the
specified current address or addresses is a felony offense;
(e) Conspicuously state that, if the offender or public
registry-qualified juvenile offender registrant verifies the
current residence, school, institution of higher education, or
place of employment address or the delinquent child who is not a
public registry-qualified juvenile offender registrant verifies
the current residence address with that sheriff within that
seven-day period, the offender or delinquent child will not be
prosecuted or subjected to a delinquent child proceeding for a
failure to timely verify a current address and the delinquent
child's parent, guardian, or custodian will not be prosecuted
based on a failure of the delinquent child to timely verify an
address;
(f) Conspicuously state that, if the offender or public
registry-qualified juvenile offender registrant does not verify
the current residence, school, institution of higher education, or
place of employment address or the delinquent child who is not a
public registry-qualified juvenile offender registrant does not
verify the current residence address with that sheriff within that
seven-day period, the offender or delinquent child will be
arrested or taken into custody, as appropriate, and prosecuted or
subjected to a delinquent child proceeding for a failure to timely
verify a current address and the delinquent child's parent,
guardian, or custodian may be prosecuted for a violation of
section 2919.24 of the Revised Code based on the delinquent
child's failure to timely verify a current residence address.
(2) If an offender or delinquent child fails to verify a
current residence, school, institution of higher education, or
place of employment address, as applicable, as required by
divisions (A) to (C) of this section by the date required for the
verification as set forth in division (B) of this section, the
offender or delinquent child shall not be prosecuted or subjected
to a delinquent child proceeding for a violation of division (F)
of this section, and the delinquent child's parent, guardian, or
custodian shall not be prosecuted for a violation of section
2919.24 of the Revised Code based on the delinquent child's
failure to timely verify a current residence address and, if the
delinquent child is a public registry-qualified juvenile offender
registrant, the current school, institution of higher education,
or place of employment address, as applicable, unless the
seven-day period subsequent to that date that the offender or
delinquent child is provided under division (G)(1) of this section
to verify the current address has expired and the offender or
delinquent child, prior to the expiration of that seven-day
period, has not verified the current address. Upon the expiration
of the seven-day period that the offender or delinquent child is
provided under division (G)(1) of this section to verify the
current address, if the offender or delinquent child has not
verified the current address, all of the following apply:
(a) The sheriff with whom the offender or delinquent child is
required to verify the current residence, school, institution of
higher education, or place of employment address, as applicable,
promptly shall notify the bureau of criminal identification and
investigation of the failure.
(b) The sheriff with whom the offender or delinquent child is
required to verify the current residence, school, institution of
higher education, or place of employment address, as applicable,
the sheriff of the county in which the offender or delinquent
child resides, the sheriff of the county in which is located the
offender's or public registry-qualified juvenile offender
registrant's school, institution of higher education, or place of
employment address that was to be verified, or a deputy of the
appropriate sheriff, shall locate the offender or delinquent
child, promptly shall seek a warrant for the arrest or taking into
custody, as appropriate, of the offender or delinquent child for
the violation of division (F) of this section and shall arrest the
offender or take the child into custody, as appropriate.
(c) The offender or delinquent child is subject to
prosecution or a delinquent child proceeding for the violation of
division (F) of this section, and the delinquent child's parent,
guardian, or custodian may be subject to prosecution for a
violation of section 2919.24 of the Revised Code based on the
delinquent child's violation of that division.
(H) An offender or public registry-qualified juvenile
offender registrant who is required to verify the offender's or
public registry-qualified juvenile offender registrant's current
residence, school, institution of higher education, or place of
employment address pursuant to divisions (A) to (C) of this
section and a delinquent child who is not a public
registry-qualified juvenile offender registrant who is required to
verify the delinquent child's current residence address pursuant
to those divisions shall do so for the period of time specified in
section 2950.07 of the Revised Code.
Sec. 2950.081. (A) Any statements, information, photographs,
fingerprints, or materials that are required to be provided, and
that are provided, by an offender or delinquent child pursuant to
section 2950.04, 2950.041, 2950.05, or 2950.06 of the Revised Code
and that are in the possession of a county sheriff and all
summaries described in division (D) of section 2950.112 of the
Revised Code that are in the possession of a county sheriff are
public records open to public inspection under section 149.43 of
the Revised Code and shall be included in the internet sex
offender and child-victim offender database established and
maintained under section 2950.13 of the Revised Code to the extent
provided in that section.
(B) Except when the child is classified a public
registry-qualified juvenile offender registrant, the sheriff shall
not cause to be publicly disseminated by means of the internet any
statements, information, photographs, fingerprints, or materials
that are provided by a delinquent child who sends a notice of
intent to reside, registers, provides notice of a change of
residence address and registers the new residence address, or
provides verification of a current residence address pursuant to
this chapter and that are in the possession of a county sheriff.
(C) If a sheriff establishes on the internet a sex offender
and child-victim offender database for the public dissemination of
some or all of the materials that are described in division (A) of
this section, that are not prohibited from inclusion by division
(B) of this section, and that pertain to offenders or delinquent
children who register in the sheriff's county, in addition to all
of the other information and materials included, the sheriff shall
include in the database 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 and for each offender or delinquent
child in relation to whom information and materials are provided a
statement as to whether the offender or delinquent child is a tier
I sex offender/child-victim offenders offender, a tier II sex
offender/child-victim offenders offender, or a tier III sex
offender/child-victim offenders offender.
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, and the sheriff with whom the
offender or delinquent child most recently verified a residence
address pursuant to section 2950.06 of the Revised Code, within
the period of time specified in division (C)(D) 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) 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.
(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 an offender or delinquent child most
recently sent a notice of intent to reside under section 2950.04
or 2950.041 of the Revised Code, or with whom an offender or
delinquent child most recently verified a residence address
pursuant to section 2950.06 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) 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 based on the offender's or delinquent child's sending of a
notice of intent to reside or registration of an address 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 based on
the offender's or delinquent child's sending of a notice of intent
to reside or registration of an address shall provide the notices
to all other specified persons that are described in divisions
(A)(2) to (7) and (A)(10) 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.
A sheriff required by division (A) or (C) of this section to
provide notices regarding an offender or delinquent child based on
the offender's or delinquent child's verification of a residence
address shall provide the notices to the specified persons that
are described in divisions (A)(1) to (10) of this section once
each year after the offender's or delinquent child's verification
that occurs nearest to the anniversary date of the offender's or
delinquent child's initial registration of that residence address.
When required to provide notices regarding an offender or
delinquent child based on the offender's or delinquent child's
verification of a residence address, the sheriff shall provide the
notices as soon as practicable, but not later than seven days
after the offender or delinquent child verifies that address with
the sheriff or, if the sheriff is required by division (C) of this
section to provide the notices, not 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) 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) 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 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)(1) 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)(2) 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)(3) 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. 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;
(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, 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 (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) of this section.
Sec. 2950.111. (A) If an offender or delinquent child
registers a residence address, provides notice of a change of any
residence address, or verifies a current residence address
pursuant to section 2950.04, 2950.041, 2950.05, or 2950.06 of the
Revised Code, unless section 2950.112 of the Revised Code requires
confirmation by personal observation by the sheriff or a designee,
all of the following apply:
(1) At any time after the registration, provision of the
notice, or verification, the sheriff with whom the offender or
delinquent child so registered or to whom the offender or
delinquent child so provided the notice or verified the current
address, or a designee of that sheriff, may contact a person who
owns, leases, or otherwise has custody, control, or supervision of
the premises at the address provided by the offender or delinquent
child in the registration, the notice, or the verification and
request that the person confirm or deny that the offender or
delinquent child currently resides at that address.
(2) Upon receipt of a request under division (A)(1) of this
section, notwithstanding any other provision of law, the person
who owns, leases, or otherwise has custody, control, or
supervision of the premises, or an agent of that person, shall
comply with the request and inform the sheriff or designee who
made the request whether or not the offender or delinquent child
currently resides at that address.
(3) Section 2950.12 of the Revised Code applies to a person
who, in accordance with division (A)(2) of this section, provides
information of the type described in that division.
(B) Division (A) of this section applies regarding any public
or private residential premises, including, but not limited to, a
private residence, a multi-unit residential facility, a halfway
house, a homeless shelter, or any other type of residential
premises. Division (A) of this section does not apply regarding an
offender's registration, provision of notice of a change in, or
verification of a school, institution of higher education, or
place of employment address pursuant to section 2950.04, 2950.041,
2950.05, or 2950.06 of the Revised Code.
(C) A sheriff or designee of a sheriff may attempt to confirm
that an offender or delinquent child who registers a residence
address, provides notice of a change of any residence address, or
verifies a current residence address as described in division (A)
of this section currently resides at the address in question in
manners other than the manner provided in this section, subject to
section 2950.112 of the Revised Code. A sheriff or designee of a
sheriff is not limited in the number of requests that may be made
under this section regarding any registration, provision of
notice, or verification, or in the number of times that the
sheriff or designee may attempt to confirm, in manners other than
the manner provided in this section, that an offender or
delinquent child currently resides at the address in question.
Sec. 2950.112. (A)(1) If an offender or delinquent child who
is a tier III sex offender/child-victim offender registers a
residence address pursuant to section 2950.04, 2950.041, or
2950.05 of the Revised Code, the sheriff with whom the offender or
delinquent child so registered or a designee of that sheriff shall
confirm in accordance with division (A)(2) of this section that
the offender or delinquent child actually resides at the address
so registered by the offender or delinquent child.
If an offender or delinquent child who is a tier III sex
offender/child-victim offender verifies a current residence
address pursuant to section 2950.06 of the Revised Code, except as
otherwise provided in this division, the sheriff with whom the
offender or delinquent child so verified the current residence
address or a designee of that sheriff shall confirm in accordance
with division (A)(2) of this section that the offender or
delinquent child actually resides at the address so verified by
the offender or delinquent child. When an offender or delinquent
child who is a tier III sex offender/child-victim offender
verifies a current residence address pursuant to section 2950.06
of the Revised Code, the sheriff or designee is not required to
confirm that the offender or delinquent child actually resides at
the address so verified if, within the preceding ninety days, the
sheriff or a designee has confirmed in accordance with division
(A)(2) or (B)(1) of this section that the offender or delinquent
child actually resides at that address.
(2) A sheriff or designee who is required pursuant to
division (A)(1) of this section to confirm that an offender or
delinquent child who registers or verifies a residence address
actually resides at that address shall confirm the actual
residence by going to the address and personally observing the
offender or delinquent child at that address. The sheriff or
designee shall confirm that the offender or delinquent child
actually resides at that address as soon as possible after the
offender or delinquent child registers or verifies the address.
A sheriff or a designee of a sheriff shall comply with this
division and division (A)(1) of this section each time an offender
or delinquent child who is a tier III sex offender/child-victim
offender registers a residence address pursuant to section
2950.04, 2950.041, or 2950.05 of the Revised Code and, subject to
the exception provided in that division, each time an offender or
delinquent child who is a tier III sex offender/child-victim
offender verifies a current residence address pursuant to section
2950.06 of the Revised Code.
(B) If a sheriff or designee, in attempting to confirm
pursuant to division (A)(2) of this section that an offender or
delinquent child actually resides at a residence address the
offender or delinquent child registered or verified as described
in that division, is unable after a good faith effort to
personally observe the offender or delinquent child at that
address, all of the following apply:
(1) Not later than two weeks after the unsuccessful effort to
confirm that the offender or delinquent child actually resides at
that address, the sheriff or designee shall make another attempt
to confirm pursuant to division (A)(2) of this section that the
offender or delinquent child actually resides at that address.
(2) If the sheriff or designee makes a good faith effort
pursuant to division (B)(1) of this section to confirm that the
offender or delinquent child actually resides at that address but
is unable to personally observe the offender or delinquent child
at that address, the sheriff or a designee may take the steps
described in division (A) or (C) of section 2950.111 of the
Revised Code to confirm that the offender or delinquent child
actually resides at that address.
(3) The inability of the sheriff or designee to confirm
pursuant to division (A) of this section or division (B)(1) or (2)
of this section that the offender or delinquent child actually
resides at that address does not affect the validity of the
offender's or delinquent child's registration or address
verification pursuant to section 2950.04, 2950.041, 2950.05, or
2950.06 of the Revised Code, whichever is applicable, subject to
division (C) of this section.
(C) If a sheriff or designee, in attempting pursuant to
division (A)(2), (B)(1), or (B)(2) of this section to confirm that
an offender or delinquent child actually resides at a residence
address the offender or delinquent child registered or verified as
described in division (A) of this section, determines that the
offender or delinquent child does not reside at that address, the
offender or delinquent child shall be considered to be in
violation of division (E) of section 2950.04, division (E) of
section 2950.041, division (F)(2) of section 2950.05, or division
(F) of section 2950.06 of the Revised Code, whichever is
applicable.
(D) A sheriff or designee who attempts pursuant to division
(A)(2), (B)(1), or (B)(2) of this section to confirm that an
offender or delinquent child actually resides at a residence
address the offender or delinquent child registered or verified
described in division (A) of this section shall include a summary
of the attempt, including the results of the attempt, in the
records maintained by the sheriff regarding the offender or
delinquent child.
(E) Divisions (A) to (D) of this section apply to every
offender and delinquent child who is a tier III sex
offender/child-victim offender, regardless of when the offender or
delinquent child committed the sexually oriented offense or
child-victim oriented offense that is the basis of the
classification as a tier III sex offender/child-victim offender.
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) 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;
(16) Not later than thirty days after the effective date of
this amendment, adopt a rule that specifies one or more types of
proof of residence in addition to those identified in divisions
(A)(1) and (2) of section 2950.044 of the Revised Code that an
offender or delinquent child may use to provide proof that the
offender or delinquent child resides at a residence address the
offender or delinquent child registers under section 2950.04,
2950.041, or 2950.05 of the Revised Code or verifies under section
2950.06 of the Revised Code;
(17) Not later than thirty days after the effective date of
this amendment, prescribe the form of an affirmation that an
offender or delinquent child may execute pursuant to division (B)
of section 2950.044 of the Revised Code to provide proof that the
offender or delinquent child resides at a residence address the
offender or delinquent child registers under section 2950.04,
2950.041, or 2950.05 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.
Section 2. That existing sections 2950.04, 2950.041, 2950.06,
2950.081, 2950.11, 2950.111, and 2950.13 of the Revised Code are
hereby repealed.
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