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S. B. No. 237 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Cafaro, Morano, Miller, D., Goodman, Turner, Seitz, Fedor, Strahorn
A BILL
To amend sections 2950.06, 2950.10, 2950.11, and
2950.13 of the Revised Code to apply SORN Law
victim notification and community notification to
specified offenders or delinquent children who
verify their registered residence address and for
whom such notifications previously have not been
provided and to revise the criteria for subjecting
offenders and delinquent children to SORN Law
community notification.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2950.06, 2950.10, 2950.11, and
2950.13 of the Revised Code be amended to read as follows:
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 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.
(C)(1) An offender or delinquent child who is required to
verify the offender's or delinquent child's current residence,
school, institution of higher education, or place of employment
address pursuant to division (A) of this section shall verify the
address with the sheriff with whom the offender or delinquent
child most recently registered the address by personally appearing
before the sheriff or a designee of the sheriff, no earlier than
ten days before the date on which the verification is required
pursuant to division (B) of this section and no later than the
date so required for verification, and completing and signing a
copy of the verification form prescribed by the bureau of criminal
identification and investigation. The sheriff or designee shall
sign the completed form and indicate on the form the date on which
it is so completed. The verification required under this division
is complete when the offender or delinquent child personally
appears before the sheriff or designee and completes and signs the
form as described in this division.
(2) To facilitate the verification of an offender's or
delinquent child's current residence, school, institution of
higher education, or place of employment address, as applicable,
under division (C)(1) of this section, the sheriff with whom the
offender or delinquent child most recently registered the address
may mail a nonforwardable verification form prescribed by the
bureau of criminal identification and investigation to the
offender's or delinquent child's last reported address and to the
last reported address of the parents of the delinquent child, with
a notice that conspicuously states that the offender or delinquent
child must personally appear before the sheriff or a designee of
the sheriff to complete the form and the date by which the form
must be so completed. Regardless of whether a sheriff mails a form
to an offender or delinquent child and that child's parents, each
offender or delinquent child who is required to verify the
offender's or delinquent child's current residence, school,
institution of higher education, or place of employment address,
as applicable, pursuant to division (A) of this section shall
personally appear before the sheriff or a designee of the sheriff
to verify the address in accordance with division (C)(1) of this
section.
(D) The verification form to be used under division (C) of
this section shall contain all of the following:
(1) Except as provided in division (D)(2) of this section,
the current residence address of the offender or delinquent child,
the name and address of the offender's or delinquent child's
employer if the offender or delinquent child is employed at the
time of verification or if the offender or delinquent child knows
at the time of verification that the offender or delinquent child
will be commencing employment with that employer subsequent to
verification, the name and address of the offender's 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)(1) 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.
(2)(a) The first time on or after the effective date of this
division that an offender or delinquent child who is in any
category specified in division (B)(1) of section 2950.10 or
division (F) of section 2950.11 of the Revised Code personally
appears and completes a verification form under division (C) of
this section that pertains to the offender's or delinquent child's
current residence address, the sheriff shall make the
determinations and perform the duties specified in divisions
(E)(2)(b) and (c) of this section, as applicable.
(b) If the offender or delinquent child is in a category
specified in division (B)(1) of section 2950.10 of the Revised
Code, the sheriff shall determine whether the victim of the
sexually oriented offense or child-victim oriented offense that is
the basis of the offender's or delinquent child's duty under this
section to verify the residence address has made a request in
accordance with rules adopted by the attorney general that
specifies that the victim would like to be provided the notices
described in section 2950.10 of the Revised Code and, if the
sheriff determines that the victim has made a request of that
nature, determine whether any notice previously has been provided
to the victim under that section regarding the offender or
delinquent child and the residence address that the offender or
delinquent child verified as described in division (E)(2)(a) of
this section. If the sheriff determines that the victim has made a
request of that nature and that the victim previously has not been
provided a notice to the victim under section 2950.10 of the
Revised Code regarding the offender or delinquent child and the
residence address that the offender or delinquent child verified,
the offender or delinquent child is subject to section 2950.10 of
the Revised Code, and the sheriff shall provide notice to the
victim in accordance with that section regarding the offender or
delinquent child and the residence address that the offender or
delinquent child verified as described in division (E)(2)(a) of
this section. The sheriff is not required to provide a notice to
the victim under section 2950.10 of the Revised Code regarding the
offender or delinquent child and the residence address that the
offender or delinquent child verified other than as described in
this division.
(c) If the offender or delinquent child is in a category
specified in division (F) of section 2950.11 of the Revised Code,
the sheriff shall determine whether any notice previously has been
provided to the persons identified in divisions (A)(1) to (10) of
section 2950.11 of the Revised Code regarding the offender or
delinquent child and the residence address that the offender or
delinquent child verified as described in division (E)(2)(a) of
this section. If the sheriff determines that the persons
identified in divisions (A)(1) to (10) of section 2950.11 of the
Revised Code previously have not been provided notice under
section 2950.11 of the Revised Code regarding the offender or
delinquent child and the residence address that the offender or
delinquent child verified, the offender or delinquent child is
subject to section 2950.11 of the Revised Code, and the sheriff
shall provide notice to the persons identified in divisions (A)(1)
to (10) of section 2950.11 of the Revised Code in accordance with
that section regarding the offender or delinquent child and the
residence address that the offender or delinquent child verified
as described in division (E)(2)(a) of this section. The sheriff is
not required to provide a notice to the persons identified in
divisions (A)(1) to (10) of section 2950.11 of the Revised Code in
accordance with that section regarding the offender or delinquent
child and the residence address that the offender or delinquent
child verified other than as described in this division.
(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. 2950.10. (A)(1) 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, if the offender or
delinquent child is in any category specified in division
(B)(1)(a), (b), or (c) of this section, if the offender or
delinquent child registers with a sheriff pursuant to section
2950.04, 2950.041, or 2950.05 of the Revised Code or verifies a
residence address with a sheriff pursuant to section 2950.06 of
the Revised Code and under division (E)(2) of that section is
subject to this section, and if the victim of the sexually
oriented offense or child-victim oriented offense has made a
request in accordance with rules adopted by the attorney general
that specifies that the victim would like to be provided the
notices described in this section, the sheriff shall notify the
victim of the sexually oriented offense or child-victim oriented
offense, in writing, that the offender or delinquent child has
registered an address or verified a residence address and shall
include in the notice the offender's name and photograph, and the
address or addresses of the offender's residence, school,
institution of higher education, or place of employment, as
applicable, or the delinquent child's name, photograph, and
residence address or addresses. The sheriff shall provide the
notice required by this division to the victim at the most recent
residence address available for that victim and not later than
five days after the offender or delinquent child registers with
the sheriff or after the sheriff determines pursuant to division
(E)(2) of section 2950.06 of the Revised Code that the offender or
delinquent child is subject to this section as a result of the
verification of a residence address, whichever is applicable.
(2) 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, if the offender or
delinquent child is in any category specified in division
(B)(1)(a), (b), or (c) of this section, if the offender or
delinquent child registers with a sheriff pursuant to section
2950.04, 2950.041, or 2950.05 of the Revised Code, if the victim
of the sexually oriented offense or child-victim oriented offense
has made a request in accordance with rules adopted by the
attorney general that specifies that the victim would like to be
provided the notices described in this section, and if the
offender notifies the sheriff of a change of residence, school,
institution of higher education, or place of employment address or
the delinquent child notifies the sheriff of a change of residence
address pursuant to section 2950.05 of the Revised Code, the
sheriff shall notify the victim of the sexually oriented offense
or child-victim oriented offense, in writing, that the offender's
or delinquent child's address has changed and shall include in the
notice the offender's name and photograph, and the new address or
addresses of the offender's residence, school, institution of
higher education, or place of employment, as applicable, or the
delinquent child's name, photograph, and new residence address or
addresses. The sheriff shall provide the notice required by this
division to the victim at the most recent residence address
available for that victim and no later than five days after the
offender or delinquent child notifies the sheriff of the change in
the offender's or delinquent child's residence, school,
institution of higher education, or place of employment address.
(3) 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
(B)(1)(a), (b), or (c) of this section, the victim of the offense
may make a request in accordance with rules adopted by the
attorney general pursuant to section 2950.13 of the Revised Code
that specifies that the victim would like to be provided the
notices described in divisions (A)(1) and (2) of this section. If
the victim makes a request in accordance with those rules, the
sheriff described in divisions (A)(1) and (2) of this section
shall provide the victim with the notices described in those
divisions.
(4) If a victim makes a request as described in division
(A)(3) of this section that specifies that the victim would like
to be provided the notices described in divisions (A)(1) and (2)
of this section, all information a sheriff obtains regarding the
victim from or as a result of the request is confidential, and the
information is not a public record open for inspection under
section 149.43 of the Revised Code.
(5) The notices described in divisions (A)(1) and (2) of this
section are in addition to any notices regarding the offender or
delinquent child that the victim is entitled to receive under
Chapter 2930. of the Revised Code.
(B)(1) The duties to provide the notices described in
divisions (A)(1) and (2) of this section apply regarding any
offender or delinquent child who is in any of the following
categories:
(a) The offender is a tier III sex offender/child-victim
offender relative to the offense described in division (A) of this
section for which a victim requested to be provided notice under
that division, or the delinquent child is a public
registry-qualified juvenile offender registrant, and a juvenile
court has not removed pursuant to section 2950.15 of the Revised
Code the delinquent child's duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code.
(b) The delinquent child is a tier III sex
offender/child-victim offender who is not a public-registry
qualified public registry-qualified juvenile offender registrant,
the delinquent child was subjected to this section prior to the
effective date of this amendment as a sexual predator, habitual
sex offender, child-victim predator, or habitual child-victim
offender, as those terms were defined in section 2950.01 of the
Revised Code as it existed prior to the effective date of this
amendment January 1, 2008, and a juvenile court has not removed
pursuant to section 2152.84 or 2152.85 of the Revised Code the
delinquent child's duty to comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code.
(c) The delinquent child is a tier III sex
offender/child-victim offender who is not a public
registry-qualified juvenile offender registrant, the delinquent
child was classified a juvenile offender registrant on or after
the effective date of this amendment January 1, 2008, the court
has imposed a requirement under section 2152.82, 2152.83, or
2152.84 of the Revised Code subjecting the delinquent child to
this section, and a juvenile court has not removed pursuant to
section 2152.84 or 2152.85 of the Revised Code the delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code.
(2) A victim of a sexually oriented offense or of a
child-victim oriented offense is not entitled to be provided any
notice described in division (A)(1) or (2) of this section unless
the offender or delinquent child is in a category specified in
division (B)(1)(a), (b), or (c) of this section. A victim of a
sexually oriented offense or of a child-victim oriented offense is
not entitled to any notice described in division (A)(1) or (2) of
this section unless the victim makes a request in accordance with
rules adopted by the attorney general pursuant to section 2950.13
of the Revised Code that specifies that the victim would like to
be provided the notices described in divisions (A)(1) and (2) of
this section. This division does not affect any rights of a victim
of a sexually oriented offense or child-victim oriented offense to
be provided notice regarding an offender or delinquent child that
are described in Chapter 2930. of the Revised Code.
Sec. 2950.11. (A) 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 verified a residence address pursuant
to section 2950.06 of the Revised Code when division (E)(2) of
that section subjects the offender or delinquent child to this
section, 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
required under this division
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 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 verifies 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) 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 as soon
as practicable but not later than seven days after the sheriff
determines pursuant to division (E)(2) of section 2950.06 of the
Revised Code that the offender or delinquent child is subject to
this section, and a sheriff required by division (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 described in
divisions (A)(1) to (7) and (A)(9) and (10) of this section 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,
or 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 address and division (A) of this section
does not require that notice be given under this section regarding
that verification, 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. 2950.13. (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.
(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 2950.06, 2950.10, 2950.11,
and 2950.13 of the Revised Code are hereby repealed.
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