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S. B. No. 316 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Miller, D., Wagoner, Grendell, Turner, Smith
A BILL
To amend sections 2950.01, 2950.04, 2950.041,
2950.06, 2950.07, 2950.10, 2950.11, and 2950.13 of
the Revised Code to clarify for an offender or
delinquent child who had SORN Law duties under the
SORN Law in effect prior to January 1, 2008, the
offender's or child's duties under the current
SORN Law and the duration of those duties and to
declare an emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2950.01, 2950.04, 2950.041, 2950.06,
2950.07, 2950.10, 2950.11, and 2950.13 of the Revised Code be
amended to read as follows:
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Sexually oriented offense" means any of the following
violations or offenses committed by a person, regardless of the
person's age:
(1) A violation of section 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,
or 2907.323 of the Revised Code;
(2) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(3) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(5) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(6) A violation of division (A)(3) of section 2903.211 of the
Revised Code;
(7) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(8) A violation of division (A)(4) of section 2905.01 of the
Revised Code;
(9) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(10) A violation of division (B) of section 2905.02, of
division (B) of section 2905.03, of division (B) of section
2905.05, or of division (B)(5) of section 2919.22 of the Revised
Code;
(11) A violation of any former law of this state, any
existing or former municipal ordinance or law of another state or
the United States, any existing or former law applicable in a
military court or in an Indian tribal court, or any existing or
former law of any nation other than the United States that is or
was substantially equivalent to any offense listed in division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this
section;
(12) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (A)(1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this
section.
(B)(1) "Sex offender" means, subject to division (B)(2) of
this section, a person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing any sexually oriented offense.
(2) "Sex offender" does not include a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing a sexually oriented
offense if the offense involves consensual sexual conduct or
consensual sexual contact and either of the following applies:
(a) The victim of the sexually oriented offense was eighteen
years of age or older and at the time of the sexually oriented
offense was not under the custodial authority of the person who is
convicted of, pleads guilty to, has been convicted of, has pleaded
guilty to, is adjudicated a delinquent child for committing, or
has been adjudicated a delinquent child for committing the
sexually oriented offense.
(b) The victim of the offense was thirteen years of age or
older, and the person who is convicted of, pleads guilty to, has
been convicted of, has pleaded guilty to, is adjudicated a
delinquent child for committing, or has been adjudicated a
delinquent child for committing the sexually oriented offense is
not more than four years older than the victim.
(C) "Child-victim oriented offense" means any of the
following violations or offenses committed by a person, regardless
of the person's age, when the victim is under eighteen years of
age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the violation is not
included in division (A)(7) of this section;
(2) A violation of division (A) of section 2905.02, division
(A) of section 2905.03, or division (A) of section 2905.05 of the
Revised Code;
(3) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division (C)(1)
or (2) of this section;
(4) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (C)(1),
(2), or (3) of this section.
(D) "Child-victim offender" means a person who is convicted
of, pleads guilty to, has been convicted of, has pleaded guilty
to, is adjudicated a delinquent child for committing, or has been
adjudicated a delinquent child for committing any child-victim
oriented offense.
(E) "Tier I sex offender/child-victim offender" means any of
the following:
(1) A Subject to division (E)(5) of this section, a sex
offender who, on or after January 1, 2008, is convicted of, pleads
guilty to, has been was convicted of, or has pleaded guilty to any
of the following sexually oriented offenses:
(a) A violation of section 2907.06, 2907.07, 2907.08, or
2907.32 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is less than four years older than the other person
with whom the offender engaged in sexual conduct, the other person
did not consent to the sexual conduct, and the offender previously
has not been convicted of or pleaded guilty to a violation of
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a
violation of former section 2907.12 of the Revised Code;
(c) A violation of division (A)(1), (2), (3), or (5) of
section 2907.05 of the Revised Code;
(d) A violation of division (A)(3) of section 2907.323 of the
Revised Code;
(e) A violation of division (A)(3) of section 2903.211, of
division (B) of section 2905.03, or of division (B) of section
2905.05 of the Revised Code;
(f) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States, that is or was
substantially equivalent to any offense listed in division
(E)(1)(a), (b), (c), (d), or (e) of this section;
(g) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (E)(1)(a),
(b), (c), (d), (e), or (f) of this section.
(2) A Subject to division (E)(5) of this section, a
child-victim offender who, on or after January 1, 2008, is
convicted of, pleads guilty to, has been was convicted of, or has
pleaded guilty to a child-victim oriented offense and who is not
within either category of child-victim offender described in
division (F)(2) or (G)(2) of this section.
(3) A Subject to division (E)(5) of this section, a sex
offender who is adjudicated a delinquent child for committing or
has been adjudicated a delinquent child for committing any
sexually oriented offense, regardless of when the adjudication
occurred, and who a juvenile court, pursuant to section 2152.82,
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a
tier I sex offender/child-victim offender relative to the offense.
(4) A Subject to division (E)(5) of this section, a
child-victim offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any child-victim oriented offense, regardless of when
the adjudication occurred, and who a juvenile court, pursuant to
section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code,
classifies a tier I sex offender/child-victim offender relative to
the offense.
(5) A sex offender or child-victim offender who, in a court
of another state, in a federal court, military court, or Indian
tribal court, or in a court in any nation other than the United
States, is convicted of, pleads guilty to, was convicted of,
pleaded guilty to, is adjudicated a delinquent child for
committing, or was adjudicated a delinquent child for committing a
sexually oriented offense or child-victim oriented offense,
regardless of when the conviction or adjudication occurred or when
the guilty plea was entered, if both of the following apply:
(a) Under the law of the jurisdiction in which the offender
was convicted or pleaded guilty or the delinquent child was
adjudicated, the offender or delinquent child is in a category
substantially equivalent to a category of tier I sex
offender/child-victim offender described in division (E)(1), (2),
(3), or (4) of this section, and neither division (F)(6) nor
division (G)(7) of this section applies to the offender or
delinquent child.
(b) Subsequent to the conviction, plea of guilty, or
adjudication in the other jurisdiction, the offender or delinquent
child resides, has temporary domicile, attends school or an
institution of higher education, is employed, or intends to reside
in this state in any manner and for any period of time that
subjects the offender or delinquent child to a duty to register or
provide notice of intent to reside under section 2950.04 of the
Revised Code.
(F) "Tier II sex offender/child-victim offender" means any of
the following:
(1) A Subject to division (F)(6) of this section, a sex
offender who, on or after January 1, 2008, is convicted of, pleads
guilty to, has been was convicted of, or has pleaded guilty to any
of the following sexually oriented offenses:
(a) A violation of section 2907.21, 2907.321, or 2907.322 of
the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when
the offender is at least four years older than the other person
with whom the offender engaged in sexual conduct, or when the
offender is less than four years older than the other person with
whom the offender engaged in sexual conduct and the offender
previously has been convicted of or pleaded guilty to a violation
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or
former section 2907.12 of the Revised Code;
(c) A violation of division (A)(4) of section 2907.05 or of
division (A)(1) or (2) of section 2907.323 of the Revised Code;
(d) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01 of the Revised Code when the offense is committed
with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is eighteen years of
age or older;
(f) A violation of division (B) of section 2905.02 or of
division (B)(5) of section 2919.22 of the Revised Code;
(g) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (F)(1)(a),
(b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or has been adjudicated a delinquent child for committing any
sexually oriented offense or child-victim oriented offense for
which the offender was classified a tier I sex
offender/child-victim offender, a sexually oriented offender, or a
child-victim oriented offender.
(2) A Subject to division (F)(6) of this section, a
child-victim offender who, on or after January 1, 2008, is
convicted of, pleads guilty to, has been was convicted of, or has
pleaded guilty to any child-victim oriented offense when the
child-victim oriented offense is committed after the child-victim
offender previously has been convicted of, pleaded guilty to, or
been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier I sex offender/child-victim
offender, a sexually oriented offender, or a child-victim oriented
offender.
(3) A Subject to division (F)(6) of this section, a sex
offender who is adjudicated a delinquent child for committing or
has been adjudicated a delinquent child for committing any
sexually oriented offense, regardless of when the adjudication
occurred, and who a juvenile court, pursuant to section 2152.82,
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a
tier II sex offender/child-victim offender relative to the
offense.
(4) A Subject to division (F)(6) of this section, a
child-victim offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any child-victim oriented offense, regardless of when
the adjudication occurred, and whom who a juvenile court, pursuant
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised
Code, classifies a tier II sex offender/child-victim offender
relative to the current offense.
(5) A sex offender or child-victim offender who is not in any
category of tier II sex offender/child-victim offender set forth
in division (F)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was adjudicated a delinquent child for committing
a sexually oriented offense or child-victim oriented offense, and
who prior to that date was determined to be a habitual sex
offender or determined to be a habitual child-victim offender,
unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(b) A juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier III sex
offender/child-victim offender relative to the offense.
(6) A sex offender or child-victim offender who, in a court
of another state, in a federal court, military court, or Indian
tribal court, or in a court in any nation other than the United
States, is convicted of, pleads guilty to, was convicted of,
pleaded guilty to, is adjudicated a delinquent child for
committing, or was adjudicated a delinquent child for committing a
sexually oriented offense or child-victim oriented offense,
regardless of when the conviction or adjudication occurred or when
the guilty plea was entered, if both of the following apply:
(a) Under the law of the jurisdiction in which the offender
was convicted or pleaded guilty or the delinquent child was
adjudicated, the offender or delinquent child is in a category
substantially equivalent to a category of tier II sex
offender/child-victim offender described in division (F)(1), (2),
(3), (4), or (5) of this section, and division (G)(7) of this
section does not apply to the offender or delinquent child.
(b) Subsequent to the conviction, plea of guilty, or
adjudication in the other jurisdiction, the offender or delinquent
child resides, has temporary domicile, attends school or an
institution of higher education, is employed, or intends to reside
in this state in any manner and for any period of time that
subjects the offender or delinquent child to a duty to register or
provide notice of intent to reside under section 2950.04 of the
Revised Code.
(G) "Tier III sex offender/child-victim offender" means any
of the following:
(1) A Subject to division (G)(7) of this section, a sex
offender who, on or after January 1, 2008, is convicted of, pleads
guilty to, has been was convicted of, or has pleaded guilty to any
of the following sexually oriented offenses:
(a) A violation of section 2907.02 or 2907.03 of the Revised
Code;
(b) A violation of division (B) of section 2907.05 of the
Revised Code;
(c) A violation of section 2903.01, 2903.02, or 2903.11 of
the Revised Code when the violation was committed with a sexual
motivation;
(d) A violation of division (A) of section 2903.04 of the
Revised Code when the offender committed or attempted to commit
the felony that is the basis of the violation with a sexual
motivation;
(e) A violation of division (A)(4) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age;
(f) A violation of division (B) of section 2905.01 of the
Revised Code when the victim of the offense is under eighteen
years of age and the offender is not a parent of the victim of the
offense;
(g) A violation of any former law of this state, any existing
or former municipal ordinance or law of another state or the
United States, any existing or former law applicable in a military
court or in an Indian tribal court, or any existing or former law
of any nation other than the United States that is or was
substantially equivalent to any offense listed in division
(G)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (G)(1)(a),
(b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the
sex offender previously has been convicted of, pleaded guilty to,
or been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier II sex offender/child-victim
offender or, a tier III sex offender/child-victim offender, a
habitual sex offender, a habitual child-victim offender, a sexual
predator, or a child-victim predator.
(2) A Subject to division (G)(7) of this section, a
child-victim offender who, on or after January 1, 2008, is
convicted of, pleads guilty to, has been was convicted of, or has
pleaded guilty to any child-victim oriented offense when the
child-victim oriented offense is committed after the child-victim
offender previously has been convicted of, pleaded guilty to, or
been adjudicated a delinquent child for committing any sexually
oriented offense or child-victim oriented offense for which the
offender was classified a tier II sex offender/child-victim
offender or, a tier III sex offender/child-victim offender, a
habitual sex offender, a habitual child-victim offender, a sexual
predator, or a child-victim predator.
(3) A Subject to division (G)(7) of this section, a sex
offender who is adjudicated a delinquent child for committing or
has been adjudicated a delinquent child for committing any
sexually oriented offense, regardless of when the adjudication
occurred, and who a juvenile court, pursuant to section 2152.82,
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a
tier III sex offender/child-victim offender relative to the
offense.
(4) A Subject to division (G)(7) of this section, a
child-victim offender who is adjudicated a delinquent child for
committing or has been adjudicated a delinquent child for
committing any child-victim oriented offense, regardless of when
the adjudication occurred, and whom who a juvenile court, pursuant
to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised
Code, classifies a tier III sex offender/child-victim offender
relative to the current offense.
(5) A sex offender or child-victim offender who is not in any
category of tier III sex offender/child-victim offender set forth
in division (G)(1), (2), (3), or (4) of this section, who prior to
January 1, 2008, was convicted of or pleaded guilty to a sexually
oriented offense or child-victim oriented offense or was
adjudicated a delinquent child for committing a sexually oriented
offense or child-victim oriented offense and classified a juvenile
offender registrant, and who prior to that date was adjudicated a
sexual predator or adjudicated a child-victim predator, unless
either of the following applies:
(a) The sex offender or child-victim offender is reclassified
pursuant to section 2950.031 or 2950.032 of the Revised Code as a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(b) The sex offender or child-victim offender is a delinquent
child, and a juvenile court, pursuant to section 2152.82, 2152.83,
2152.84, or 2152.85 of the Revised Code, classifies the child a
tier I sex offender/child-victim offender or a tier II sex
offender/child-victim offender relative to the offense.
(6) A Subject to division (G)(7) of this section, a sex
offender who, on or after January 1, 2008, is convicted of, pleads
guilty to, was convicted of, or pleaded guilty to a sexually
oriented offense, if the sexually oriented offense and the
circumstances in which it was committed are such that division (F)
of section 2971.03 of the Revised Code automatically classifies
the offender as a tier III sex offender/child-victim offender;
(7) A sex offender or child-victim offender who, in a court
of another state, in a federal court, military court, or Indian
tribal court, or in a court in any nation other than the United
States, is convicted of, pleads guilty to, was convicted of,
pleaded guilty to, is adjudicated a delinquent child for
committing, or was adjudicated a delinquent child for committing a
sexually oriented offense or child-victim offense in another
state, in a federal court, military court, or Indian tribal court,
or in a court in any nation other than the United States,
regardless of when the conviction or adjudication occurred or when
the guilty plea was entered, if both of the following apply:
(a) Under the law of the jurisdiction in which the offender
was convicted or pleaded guilty or the delinquent child was
adjudicated, the offender or delinquent child is in a category
substantially equivalent to a category of tier III sex
offender/child-victim offender described in division (G)(1), (2),
(3), (4), (5), or (6) of this section.
(b) Subsequent to the conviction, plea of guilty, or
adjudication in the other jurisdiction, the offender or delinquent
child resides, has temporary domicile, attends school or an
institution of higher education, is employed, or intends to reside
in this state in any manner and for any period of time that
subjects the offender or delinquent child to a duty to register or
provide notice of intent to reside under section 2950.04 or
2950.041 of the Revised Code.
(H) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26 of the Revised Code.
(I) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(J) "Supervised release" means a release of an offender from
a prison term, a term of imprisonment, or another type of
confinement that satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon, under a
community control sanction, under transitional control, or under a
post-release control sanction, and it requires the person to
report to or be supervised by a parole officer, probation officer,
field officer, or another type of supervising officer.
(2) The release is any type of release that is not described
in division (J)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.
(K) "Sexually violent predator specification," "sexually
violent predator," "sexually violent offense," "sexual motivation
specification," "designated homicide, assault, or kidnapping
offense," and "violent sex offense" have the same meanings as in
section 2971.01 of the Revised Code.
(L) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(M) "Juvenile offender registrant" means a person who is
adjudicated a delinquent child for committing on or after January
1, 2002, a sexually oriented offense or a child-victim oriented
offense, who is fourteen years of age or older at the time of
committing the offense, and who a juvenile court judge, pursuant
to an order issued under section 2152.82, 2152.83, 2152.84,
2152.85, or 2152.86 of the Revised Code, classifies a juvenile
offender registrant and specifies has a duty to comply with
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised
Code. "Juvenile offender registrant" includes a person who prior
to January 1, 2008, was a "juvenile offender registrant" under the
definition of the term in existence prior to January 1, 2008, and
a person who prior to July 31, 2003, was a "juvenile sex offender
registrant" under the former definition of that former term.
(N) "Public registry-qualified juvenile offender registrant"
means a person who is adjudicated a delinquent child and on whom a
juvenile court has imposed a serious youthful offender
dispositional sentence under section 2152.13 of the Revised Code
before, on, or after January 1, 2008, and to whom all of the
following apply:
(1) The person is adjudicated a delinquent child for
committing, attempting to commit, conspiring to commit, or
complicity in committing one of the following acts:
(a) A violation of section 2907.02 of the Revised Code,
division (B) of section 2907.05 of the Revised Code, or section
2907.03 of the Revised Code if the victim of the violation was
less than twelve years of age;
(b) A violation of section 2903.01, 2903.02, or 2905.01 of
the Revised Code that was committed with a purpose to gratify the
sexual needs or desires of the child.
(2) The person was fourteen, fifteen, sixteen, or seventeen
years of age at the time of committing the act.
(3) A juvenile court judge, pursuant to an order issued under
section 2152.86 of the Revised Code, classifies the person a
juvenile offender registrant, specifies the person has a duty to
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised
Code, and classifies the person a public registry-qualified
juvenile offender registrant, and the classification of the person
as a public registry-qualified juvenile offender registrant has
not been terminated pursuant to division (D) of section 2152.86 of
the Revised Code.
(O) "Secure facility" means any facility that is designed and
operated to ensure that all of its entrances and exits are locked
and under the exclusive control of its staff and to ensure that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(P) "Out-of-state juvenile offender registrant" means a
person who is adjudicated a delinquent child in a court in another
state, in a federal court, military court, or Indian tribal court,
or in a court in any nation other than the United States for
committing a sexually oriented offense or a child-victim oriented
offense, who on or after January 1, 2002, moves to and resides in
this state or temporarily is domiciled in this state for more than
five days, and who has a duty under section 2950.04 or 2950.041 of
the Revised Code to register in this state and the duty to
otherwise comply with that applicable section and sections 2950.05
and 2950.06 of the Revised Code. "Out-of-state juvenile offender
registrant" includes a person who prior to January 1, 2008, was an
"out-of-state juvenile offender registrant" under the definition
of the term in existence prior to January 1, 2008, and a person
who prior to July 31, 2003, was an "out-of-state juvenile sex
offender registrant" under the former definition of that former
term.
(Q) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(R) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.
(S) "School" and "school premises" have the same meanings as
in section 2925.01 of the Revised Code.
(T) "Residential premises" means the building in which a
residential unit is located and the grounds upon which that
building stands, extending to the perimeter of the property.
"Residential premises" includes any type of structure in which a
residential unit is located, including, but not limited to,
multi-unit buildings and mobile and manufactured homes.
(U) "Residential unit" means a dwelling unit for residential
use and occupancy, and includes the structure or part of a
structure that is used as a home, residence, or sleeping place by
one person who maintains a household or two or more persons who
maintain a common household. "Residential unit" does not include a
halfway house or a community-based correctional facility.
(V) "Multi-unit building" means a building in which is
located more than twelve residential units that have entry doors
that open directly into the unit from a hallway that is shared
with one or more other units. A residential unit is not considered
located in a multi-unit building if the unit does not have an
entry door that opens directly into the unit from a hallway that
is shared with one or more other units or if the unit is in a
building that is not a multi-unit building as described in this
division.
(W) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(X) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.
(Y) "Sexual predator" means a person who, prior to January 1,
2008, was convicted of, pleaded guilty to, or was adjudicated a
delinquent child for committing a sexually oriented offense, who
was classified by a court or by operation of law a sexual predator
based on that offense, and who is not classified by a court as 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.
(Z) "Child-victim predator" means a person who, prior to
January 1, 2008, was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a child-victim
oriented offense, who was classified by a court a child-victim
predator based on that offense, and who is not classified by a
court as 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.
(AA) "Habitual sex offender" means a person who, prior to
January 1, 2008, was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a sexually oriented
offense, who was classified a habitual sex offender by a court
based on that offense, and who is not classified by a court as 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.
(BB) "Habitual child-victim offender" means a person who,
prior to January 1, 2008, was convicted of, pleaded guilty to, or
was adjudicated a delinquent child for committing a child-victim
oriented offense, who was classified a habitual child-victim
offender by a court based on that offense, and who is not
classified by a court as 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.
(CC) "Sexually oriented offender" means a person who, prior
to January 1, 2008, was convicted of, pleaded guilty to, or was
adjudicated a delinquent child for committing a sexually oriented
offense that was not an aggravated sexually oriented offense, who
was not classified a sexual predator or habitual sex offender by a
court or by operation of law based on that offense, and who is not
classified by a court as 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.
(DD) "Child-victim oriented offender" means a person who,
prior to January 1, 2008, was convicted of, pleaded guilty to, or
was adjudicated a delinquent child for committing a child-victim
oriented offense, who was not classified a child-victim predator
or habitual child-victim offender by a court based on that
offense, and who is not classified by a court as 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.
(EE) "Aggravated sexually oriented offense" means a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after June 13, 2002, or a violation of division
(A)(2) of that section committed on or after July 31, 2003,
provided that the offender was convicted of or pleaded guilty to
the violation prior to January 1, 2008.
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. The
sheriff or designee shall sign the form and indicate on the form
the date on which it is so returned. The registration required
under this division is complete when the offender or delinquent
child returns the form, containing the requisite information,
photograph, other required material, signatures, and date, to the
sheriff or designee.
(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, a sexual predator, or a habitual
sex offender subject to community notification under division
(C)(2) or (E) of former section 2950.09 of the Revised Code as it
existed prior to January 1, 2008, or if an offender who is
required by division (A) of this section to register has that duty
as a result of a conviction of or plea of guilty to an aggravated
sexually oriented offense, 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, 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, a child-victim predator, or a
habitual child-victim offender subject to community notification
under division (C)(2) or (E) of former section 2950.091 of the
Revised Code as it existed prior to January 1, 2008, 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. 2950.06. (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 the sexually oriented offense or child-victim oriented
offense for which the offender or delinquent child is required to
register was committed prior to January 1, 2008, and if the
offender or delinquent child has been adjudicated a sexual
predator or child-victim predator based on that offense or the
sexually oriented offense for which the offender is required to
register was an aggravated sexually oriented offense, 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 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.
(5) 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, in all circumstances
not described in division (B)(1), (2), (3), or (4) of this
section, 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.
(6) 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), (4), and (5) 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) 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. 2950.07. (A) The duty of an offender 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 the duty of a delinquent child 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 who is an out-of-state juvenile offender
registrant to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code commences on whichever of the
following dates is applicable:
(1) If the offender's duty to register is imposed pursuant to
division (A)(1)(a) of section 2950.04 or division (A)(1)(a) of
section 2950.041 of the Revised Code, the offender's duty to
comply with those sections commences immediately after the entry
of the judgment of conviction.
(2) If the delinquent child's duty to register is imposed
pursuant to division (A)(1)(b) of section 2950.04 or division
(A)(1)(b) of section 2950.041 of the Revised Code, the delinquent
child's duty to comply with those sections commences immediately
after the order of disposition.
(3) If the offender's duty to register is imposed pursuant to
division (A)(2) of section 2950.04 or division (A)(2) of section
2950.041 of the Revised Code, subject to division (A)(7) of this
section, the offender's duty to comply with those sections
commences on the date of the offender's release from a prison
term, a term of imprisonment, or any other type of confinement, or
if the offender is not sentenced to a prison term, a term of
imprisonment, or any other type of confinement, on the date of the
entry of the judgment of conviction of the sexually oriented
offense or child-victim oriented offense.
(4) If the offender's or delinquent child's duty to register
is imposed pursuant to division (A)(4) of section 2950.04 or
division (A)(4) of section 2950.041 of the Revised Code, the
offender's duty to comply with those sections commences regarding
residence addresses on the date that the offender begins to reside
or becomes temporarily domiciled in this state, the offender's
duty regarding addresses of schools, institutions of higher
education, and places of employment commences on the date the
offender begins attending any school or institution of higher
education in this state on a full-time or part-time basis or
becomes employed in this state, and the delinquent child's duty
commences on the date the delinquent child begins to reside or
becomes temporarily domiciled in this state.
(5) If the delinquent child's duty to register is imposed
pursuant to division (A)(3) of section 2950.04 or division (A)(3)
of section 2950.041 of the Revised Code, if the delinquent child's
classification as a juvenile offender registrant is made at the
time of the child's disposition for that sexually oriented offense
or child-victim oriented offense, whichever is applicable, and if
the delinquent child is committed for the sexually oriented
offense or child-victim oriented offense to the department of
youth services or to a secure facility that is not operated by the
department, the delinquent child's duty to comply with those
sections commences on the date of the delinquent child's discharge
or release from custody in the department of youth services secure
facility or from the secure facility not operated by the
department as described in that division.
(6) If the delinquent child's duty to register is imposed
pursuant to division (A)(3) of section 2950.04 or division (A)(3)
of section 2950.041 of the Revised Code and if either the
delinquent child's classification as a juvenile offender
registrant is made at the time of the child's disposition for that
sexually oriented offense or child-victim oriented offense,
whichever is applicable, and the delinquent child is not committed
for the sexually oriented offense or child-victim oriented offense
to the department of youth services or to a secure facility that
is not operated by the department or the child's classification as
a juvenile offender registrant is made pursuant to section 2152.83
or division (A)(2) of section 2152.86 of the Revised Code, subject
to divisions (A)(7) of this section, the delinquent child's duty
to comply with those sections commences on the date of entry of
the court's order that classifies the delinquent child a juvenile
offender registrant.
(7) If the offender's or delinquent child's duty to register
is imposed pursuant to division (A)(2), (3), or (4) of section
2950.04 or section 2950.041 of the Revised Code and if the
offender or delinquent child prior to January 1, 2008, has
registered a residence, school, institution of higher education,
or place of employment address pursuant to section 2950.04,
2950.041, or 2950.05 of the Revised Code as they existed prior to
that date, the offender or delinquent child initially shall
register in accordance with section 2950.04 or 2950.041 of the
Revised Code, whichever is applicable, as it exists on and after
January 1, 2008, not later than the earlier of the dates specified
in divisions (A)(7)(a) and (b) of this section. The offender's or
delinquent child's duty to comply thereafter with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code as
they exist on and after January 1, 2008, commences on the date of
that initial registration. The offender or delinquent child
initially shall register under section 2950.04 or 2950.041 of the
Revised Code as it exists on and after January 1, 2008, not later
than the earlier of the following:
(a) The date that is six months after the date on which the
offender or delinquent child received a registered letter from the
attorney general under division (A)(2) or (B) of section 2950.031
of the Revised Code;
(b) The earlier of the date on which the offender or
delinquent child would be required to verify a previously
registered address under section 2950.06 of the Revised Code as it
exists on and after January 1, 2008, or, if the offender or
delinquent child has changed a previously registered address, the
date on which the offender or delinquent child would be required
to register a new residence, school, institution of higher
education, or place of employment address under section 2950.05 of
the Revised Code as it exists on and after January 1, 2008.
(8) If the offender's or delinquent child's duty to register
was imposed pursuant to section 2950.04 or 2950.041 of the Revised
Code as they existed prior to January 1, 2008, 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 as they exist on and
after January 1, 2008, is a continuation of the offender's or
delinquent child's former duty to register imposed prior to
January 1, 2008, under section 2950.04 or 2950.041 of the Revised
Code and shall be considered for all purposes as having commenced
on the date that the offender's duty under that section commenced.
(B) The duty of an offender 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
the duty of a delinquent child 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 who is an out-of-state juvenile offender
registrant to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code continues, after the date of
commencement, for whichever of the following periods is
applicable:
(1) Except as otherwise provided in this division, if the
person is an offender who is a tier III sex offender/child-victim
offender relative to the sexually oriented offense or child-victim
oriented offense, if the person is a delinquent child who is a
tier III sex offender/child-victim offender relative to the
sexually oriented offense or child-victim oriented offense, or if
the person is a delinquent child who is a public
registry-qualified juvenile offender registrant relative to the
sexually oriented offense, the offender's or delinquent child's
duty to comply with those sections continues until the offender's
or delinquent child's death. Regarding a delinquent child who is a
tier III sex offender/child-victim offender relative to the
offense but is not a public registry-qualified juvenile offender
registrant relative to the offense, if the judge who made the
disposition for the delinquent child or that judge's successor in
office subsequently enters a determination pursuant to section
2152.84 or 2152.85 of the Revised Code that the delinquent child
no longer is a tier III sex offender/child-victim offender, the
delinquent child's duty to comply with those sections continues
for the period of time that is applicable to the delinquent child
under division (B)(2) or (3) of this section, based on the
reclassification of the child pursuant to section 2152.84 or
21562.85 2152.85 of the Revised Code as a tier I sex
offender/child-victim offender or a tier II sex
offender/child-victim offender. In no case shall the lifetime duty
to comply that is imposed under this division on an offender who
is a tier III sex offender/child-victim offender be removed or
terminated. A delinquent child who is a public registry-qualified
juvenile offender registrant may have the lifetime duty to
register terminated only pursuant to section 2950.15 of the
Revised Code.
(2) If the person is an offender who is a tier II sex
offender/child-victim offender relative to the sexually oriented
offense or child-victim oriented offense, the offender's duty to
comply with those sections continues for twenty-five years from
the date of the offender's initial registration. Except as
otherwise provided in this division, if the person is a delinquent
child who is a tier II sex offender/child-victim offender relative
to the sexually oriented offense or child-victim oriented offense,
the delinquent child's duty to comply with those sections
continues for twenty years from the date of the delinquent child's
initial registration. Regarding a delinquent child who is a tier
II sex offender/child-victim offender relative to the offense but
is not a public registry-qualified juvenile offender registrant
relative to the offense, if the judge who made the disposition for
the delinquent child or that judge's successor in office
subsequently enters a determination pursuant to section 2152.84 or
2152.85 of the Revised Code that the delinquent child no longer is
a tier II sex offender/child-victim offender but remains a
juvenile offender registrant, the delinquent child's duty to
comply with those sections continues for the period of time that
is applicable to the delinquent child under division (B)(3) of
this section, based on the reclassification of the child pursuant
to section 2152.84 or 2152.85 of the Revised Code as a tier I sex
offender/child-victim offender.
(3) Except as otherwise provided in this division, if the
person is an offender who is a tier I sex offender/child-victim
offender relative to the sexually oriented offense or child-victim
oriented offense, the offender's duty to comply with those
sections continues for fifteen years from the date of the
offender's initial registration. Except as otherwise provided in
this division, if the person is a delinquent child who is a tier I
sex offender/child-victim offender relative to the sexually
oriented offense or child-victim oriented offense, the delinquent
child's duty to comply with those sections continues for ten years
from the date of the delinquent child's initial registration.
Regarding a delinquent child who is a juvenile offender registrant
and a tier I sex offender/child-victim offender but is not a
public registry-qualified juvenile offender registrant, if the
judge who made the disposition for the delinquent child or that
judge's successor in office subsequently enters a determination
pursuant to section 2152.84 or 2152.85 of the Revised Code that
the delinquent child no longer is to be classified a juvenile
offender registrant, the delinquent child's duty to comply with
those sections terminates upon the court's entry of the
determination. A person who is an offender who is a tier I sex
offender/child-victim offender may have the fifteen-year duty to
register terminated only pursuant to section 2950.15 of the
Revised Code.
(4) Except as otherwise provided in this division, if the
offense is a sexually oriented offense and the offender or
delinquent child has been adjudicated a sexual predator relative
to the sexually oriented offense, if the person is an offender and
the sexually oriented offense is an aggravated sexually oriented
offense, or if the offense is a child-victim oriented offense and
the offender or delinquent child has been adjudicated a
child-victim predator relative to the child-victim oriented
offense, the offender's or delinquent child's duty to comply with
those sections continues until the offender's or delinquent
child's death. Regarding a delinquent child described in this
division, the child's classification as a sexual predator or
child-victim predator may be modified pursuant to former section
2152.84 or 2152.85 of the Revised Code as they existed prior to
January 1, 2008, and, if the classification is modified, the
delinquent child's duty to comply with those sections continues
for the period of time that otherwise would have been applicable
to the child under division (B)(5) or (6) of this section based on
the child's new classification. In no case shall the lifetime duty
to comply that is imposed under this division on an offender who
is adjudicated a sexual predator, whose sexually oriented offense
is an aggravated sexually oriented offense, or who is adjudicated
a child-victim predator, or the adjudication, classification, or
conviction that subjects the offender to this division be removed
or terminated.
(5) If the judge who sentenced the offender or made the
disposition for the delinquent child for committing the sexually
oriented offense or child-victim oriented offense, or the
successor in office of the juvenile court judge who made the
delinquent child disposition, determined that the offender or
delinquent child was a habitual sex offender or a habitual
child-victim offender, the offender's duty to comply with those
sections continues until the offender's death or for twenty years
from the date of the offender's initial registration, as
determined under former division (B)(2) of section 2950.07 of the
Revised Code as it existed prior to January 1, 2008, and the
delinquent child's duty to comply with those sections continues
for twenty years from the date of the delinquent child's initial
registration. Regarding a delinquent child described in this
division, the child's classification as a child-victim predator or
habitual child-victim offender may be modified pursuant to former
section 2152.84 or 2152.85 of the Revised Code as they existed
prior to January 1, 2008, and, if the classification is modified,
the delinquent child's duty to comply with those sections
continues for the period of time that otherwise would have been
applicable to the child under division (B)(6) of this section
based on the child's new classification. In no case shall the
lifetime duty to comply that is imposed under this division on an
offender who is adjudicated a habitual sex offender or a habitual
child-victim offender, or the adjudication, classification, or
conviction that subjects the offender to this division be removed
or terminated.
(6) Except as otherwise provided in this division, if the
offense is a sexually oriented offense and the offender or
delinquent child is a sexually oriented offender relative to that
offense, or if the offense is a child-victim oriented offense and
the offender or delinquent child is a child-victim oriented
offender relative to that offense, the offender's or delinquent
child's duty to comply with those sections continues for ten years
from the date of the offender's or child's initial registration.
(C)(1) If an offender has been convicted of or pleaded guilty
to a sexually oriented offense and the offender subsequently is
convicted of or pleads guilty to another sexually oriented offense
or a child-victim oriented offense, if an offender has been
convicted of or pleaded guilty to a child-victim oriented offense
and the offender subsequently is convicted of or pleads guilty to
another child-victim oriented offense or a sexually oriented
offense, if a delinquent child has been adjudicated a delinquent
child for committing a sexually oriented offense and is classified
a juvenile offender registrant or is an out-of-state juvenile
offender registrant and the child subsequently is adjudicated a
delinquent child for committing another sexually oriented offense
or a child-victim oriented offense and is classified a juvenile
offender registrant relative to that offense or subsequently is
convicted of or pleads guilty to another sexually oriented offense
or a child-victim oriented offense, or if a delinquent child has
been adjudicated a delinquent child for committing a child-victim
oriented offense and is classified a juvenile offender registrant
or is an out-of-state juvenile offender registrant and the child
subsequently is adjudicated a delinquent child for committing
another child-victim oriented offense or a sexually oriented
offense and is classified a juvenile offender registrant relative
to that offense or subsequently is convicted of or pleads guilty
to another child-victim oriented offense or a sexually oriented
offense, the period of time for which the offender or delinquent
child must comply with the sections specified in division (A) of
this section shall be separately calculated pursuant to divisions
(A)(1) to (8) and (B)(1) to (3) of this section for each of the
sexually oriented offenses and child-victim oriented offenses, and
the offender or delinquent child shall comply with each separately
calculated period of time independently.
If a delinquent child has been adjudicated a delinquent child
for committing a sexually oriented offense or a child-victim
oriented offense, is classified a juvenile offender registrant or
is an out-of-state juvenile offender registrant relative to that
offense, and, after attaining eighteen years of age, subsequently
is convicted of or pleads guilty to another sexually oriented
offense or child-victim oriented offense, the subsequent
conviction or guilty plea does not limit, affect, or supersede the
duties imposed upon the delinquent child under this chapter
relative to the delinquent child's classification as a juvenile
offender registrant or as an out-of-state juvenile offender
registrant, and the delinquent child shall comply with both those
duties and the duties imposed under this chapter relative to the
subsequent conviction or guilty plea.
(2) If a delinquent child has been adjudicated a delinquent
child for committing a sexually oriented offense or a child-victim
oriented offense and is classified a juvenile offender registrant
relative to the offense and if the juvenile judge or the judge's
successor in office subsequently reclassifies the offense tier in
which the child is classified pursuant to section 2152.84 or
2152.85 of the Revised Code, the judge's subsequent determination
to reclassify the child does not affect the date of commencement
of the delinquent child's duty to comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code as determined
under division (A) of this section. The child's duty to comply
with those sections after the reclassification is a continuation
of the child's duty to comply with the sections that was in effect
prior to the reclassification, and the duty shall continue for the
period of time specified in division (B)(1), (2), or (3) of this
section, whichever is applicable.
If, prior to January 1, 2008, an offender had a duty to
comply with the sections specified in division (A) of this section
as a result of a conviction of or plea of guilty to a sexually
oriented offense or child-victim oriented offense as those terms
were defined in section 2950.01 of the Revised Code prior to
January 1, 2008, or a delinquent child had a duty to comply with
those sections as a result of an adjudication as a delinquent
child for committing one of those offenses as they were defined
prior to January 1, 2008, the period of time specified in division
(B)(1), (2), or (3) of this section on and after January 1, 2008,
for which a person must comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code applies to the person,
automatically replaces the period of time for which the person had
to comply with those sections prior to January 1, 2008, and is a
continuation of the person's duty to comply with the sections that
was in effect prior to the reclassification. If, prior to January
1, 2008, an offender or a delinquent child had a duty to comply
with the sections specified in division (A) of this section, the
offender's or delinquent child's classification as 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 purposes of that period of time
shall be determined as specified in section 2950.031 or 2950.032
of the Revised Code, as applicable.
(D) The duty of an offender or delinquent child to register
under this chapter is tolled for any period during which the
offender or delinquent child is returned to confinement in a
secure facility for any reason or imprisoned for an offense when
the confinement in a secure facility or imprisonment occurs
subsequent to the date determined pursuant to division (A) of this
section. The offender's or delinquent child's duty to register
under this chapter resumes upon the offender's or delinquent
child's release from confinement in a secure facility or
imprisonment.
(E) The durational limit of 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 is tolled for any period during
which the offender or delinquent child is out of compliance with a
requirement of any of those sections. If the durational limit of
an offender's or delinquent child's duty to comply with those
sections is tolled pursuant to this division due to lack of
compliance with a requirement of any of those sections, the
durational limit of the offender's or child's duty to comply with
those sections resumes once the offender or child comes back into
compliance with all requirements of those sections.
(F) An offender or delinquent child who has been or is
convicted, has pleaded or pleads guilty, or has been or is
adjudicated a delinquent child, in a court in another state, in a
federal court, military court, or Indian tribal court, or in a
court of any nation other than the United States for committing a
sexually oriented offense or a child-victim oriented offense may
apply to the sheriff of the county in which the offender or
delinquent child resides or temporarily is domiciled, or in which
the offender attends a school or institution of higher education
or is employed, for credit against the duty to register for the
time that the offender or delinquent child has complied with the
sex offender or child-victim offender registration requirements of
another jurisdiction. The sheriff shall grant the offender or
delinquent child credit against the duty to register for time for
which the offender or delinquent child provides adequate proof
that the offender or delinquent child has complied with the sex
offender or child-victim offender registration requirements of
another jurisdiction. If the offender or delinquent child
disagrees with the determination of the sheriff, the offender or
delinquent child may appeal the determination to the court of
common pleas of the county in which the offender or delinquent
child resides or is temporarily domiciled, or in which the
offender attends a school or institution of higher education or is
employed.
Sec. 2950.10. (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), (d), or (e) 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, 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 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.
(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), (d), or (e) 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), (d), or (e) 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 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, 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.
(c) The offender or delinquent child is a sexual predator
relative to the sexually oriented offense for which the offender
or delinquent child has the duty to register under section 2950.04
of the Revised Code or is a child-victim predator relative to the
child-victim oriented offense for which the offender or child has
the duty to register under section 2950.041 of the Revised Code,
and regarding a delinquent child the court has not subsequently
removed pursuant to section 2152.84 or 2152.85 of the Revised Code
the child's duty to comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code.
(d) The offender or delinquent child is a habitual sex
offender or a habitual child-victim offender, the court has
imposed a requirement under division (C)(2) or (E) of former
section 2950.09 or 2950.091, former division (B) of section
2152.83, or former section 2152.84 or 2152.85 of the Revised Code,
as they existed prior to January 1, 2008, subjecting the habitual
sex offender or habitual child-victim offender to this section,
and regarding a delinquent child the determination has not been
removed pursuant to former section 2152.84 or 2152.85 of the
Revised Code as they existed prior to January 1, 2008.
(e) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense, regardless of whether the
offender is a sexual predator relative to the offense or is a
habitual sex offender.
(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), (d), or (e) 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), (d), or (e) of this section, the
sheriff with whom the offender or delinquent child has most
recently registered under section 2950.04, 2950.041, or 2950.05 of
the Revised Code and the sheriff to whom the offender or
delinquent child most recently sent a notice of intent to reside
under section 2950.04 or 2950.041 of the Revised Code, within the
period of time specified in division (C) of this section, shall
provide a written notice containing the information set forth in
division (B) of this section to all of the persons described in
divisions (A)(1) to (10) 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), (d), or (e) of this section that
includes the offender or delinquent child and that subjects the
offender or delinquent child to this section;
(5) The offender's or delinquent child's photograph.
(C) If a sheriff with whom an offender or delinquent child
registers under section 2950.04, 2950.041, or 2950.05 of the
Revised Code or to whom the offender or delinquent child most
recently sent a notice of intent to reside under section 2950.04
or 2950.041 of the Revised Code is required by division (A) of
this section to provide notices regarding an offender or
delinquent child and if, pursuant to that requirement, the sheriff
provides a notice to a sheriff of one or more other counties in
accordance with division (A)(8) of this section, the sheriff of
each of the other counties who is provided notice under division
(A)(8) of this section shall provide the notices described in
divisions (A)(1) to (7) and (A)(9) and (10) of this section to
each person or entity identified within those divisions that is
located within the specified geographical notification area and
within the county served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this
section to provide notices regarding an offender or delinquent
child shall provide the notice to the neighbors that are described
in division (A)(1) of this section and the notices to law
enforcement personnel that are described in divisions (A)(8) and
(9) of this section as soon as practicable, but no later than five
days after the offender sends the notice of intent to reside to
the sheriff and again no later than five days after the offender
or delinquent child registers with the sheriff or, if the sheriff
is required by division (C) of this section to provide the
notices, no later than five days after the sheriff is provided the
notice described in division (A)(8) of this section.
A sheriff required by division (A) or (C) of this section to
provide notices regarding an offender or delinquent child shall
provide the notices to all other specified persons that are
described in divisions (A)(2) to (7) and (A)(10) of this section
as soon as practicable, but not later than seven days after the
offender or delinquent child registers with the sheriff or, if the
sheriff is required by division (C) of this section to provide the
notices, no later than five days after the sheriff is provided the
notice described in division (A)(8) of this section.
(2) If an offender or delinquent child in relation to whom
division (A) of this section applies verifies the offender's or
delinquent child's current residence, school, institution of
higher education, or place of employment address, as applicable,
with a sheriff pursuant to section 2950.06 of the Revised Code,
the sheriff may provide a written notice containing the
information set forth in division (B) of this section to the
persons identified in divisions (A)(1) to (10) 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), (d), or (e) 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),
(d), or (e) of this section.
(F)(1) Except as provided in division (F)(2) of this section,
the duties to provide the notices described in divisions (A) and
(C) of this section apply regarding any offender or delinquent
child who is in any of the following categories:
(a) The offender is a tier III sex offender/child-victim
offender, or the delinquent child is a public registry-qualified
juvenile offender registrant, and a juvenile court has not removed
pursuant to section 2950.15 of the Revised Code the delinquent
child's duty to comply with sections 2950.04, 2950.041, 2950.05,
and 2950.06 of the Revised Code.
(b) The delinquent child is a tier III sex
offender/child-victim offender who is not a public-registry
qualified 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, 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.
(c) The offender or delinquent child is a sexual predator
relative to the sexually oriented offense for which the offender
or delinquent child has the duty to register under section 2950.04
of the Revised Code or is a child-victim predator relative to the
child-victim oriented offense for which the offender or child has
the duty to register under section 2950.041 of the Revised Code,
and regarding a delinquent child the court has not subsequently
removed pursuant to section 2152.84 or 2152.85 of the Revised Code
the child's duty to comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code.
(d) The offender or delinquent child is a habitual sex
offender or a habitual child-victim offender, the court has
imposed a requirement under division (C)(2) or (E) of former
section 2950.09 or 2950.091, former division (B) of section
2152.83, or former section 2152.84 or 2152.85 of the Revised Code,
as they existed prior to January 1, 2008, subjecting the habitual
sex offender or habitual child-victim offender to this section,
and regarding a delinquent child the determination has not been
removed pursuant to former section 2152.84 or 2152.85 of the
Revised Code as they existed prior to January 1, 2008.
(e) The sexually oriented offense for which the offender has
the duty to register under section 2950.04 of the Revised Code is
an aggravated sexually oriented offense, regardless of whether the
offender is a sexual predator relative to the offense or is a
habitual sex offender.
(2) The notification provisions of this section do not apply
to a person described in division (F)(1)(a), or (b), or (c) of
this section if a court finds at a hearing after considering the
factors described in this division that the person would not be
subject to the notification provisions of this section that were
in the version of this section that existed immediately prior to
the effective date of this amendment January 1, 2008. In making
the determination of whether a person would have been subject to
the notification provisions under prior law as described in this
division, the court shall consider the following factors:
(a) The offender's or delinquent child's age;
(b) The offender's or delinquent child's prior criminal or
delinquency record regarding all offenses, including, but not
limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense
for which sentence is to be imposed or the order of disposition is
to be made;
(d) Whether the sexually oriented offense for which sentence
is to be imposed or the order of disposition is to be made
involved multiple victims;
(e) Whether the offender or delinquent child used drugs or
alcohol to impair the victim of the sexually oriented offense or
to prevent the victim from resisting;
(f) If the offender or delinquent child previously has been
convicted of or pleaded guilty to, or been adjudicated a
delinquent child for committing an act that if committed by an
adult would be, a criminal offense, whether the offender or
delinquent child completed any sentence or dispositional order
imposed for the prior offense or act and, if the prior offense or
act was a sex offense or a sexually oriented offense, whether the
offender or delinquent child participated in available programs
for sexual offenders;
(g) Any mental illness or mental disability of the offender
or delinquent child;
(h) The nature of the offender's or delinquent child's sexual
conduct, sexual contact, or interaction in a sexual context with
the victim of the sexually oriented offense and whether the sexual
conduct, sexual contact, or interaction in a sexual context was
part of a demonstrated pattern of abuse;
(i) Whether the offender or delinquent child, during the
commission of the sexually oriented offense for which sentence is
to be imposed or the order of disposition is to be made, displayed
cruelty or made one or more threats of cruelty;
(j) Whether the offender or delinquent child would have been
a habitual sex offender or a habitual child victim offender under
the definitions of those terms set forth in section 2950.01 of the
Revised Code as that section existed prior to the effective date
of this amendment January 1, 2008;
(k) Any additional behavioral characteristics that contribute
to the offender's or delinquent child's conduct.
(G)(1) The department of job and family services shall
compile, maintain, and update in January and July of each year, a
list of all agencies, centers, or homes of a type described in
division (A)(2) or (6) of this section that contains the name of
each agency, center, or home of that type, the county in which it
is located, its address and telephone number, and the name of an
administrative officer or employee of the agency, center, or home.
(2) The department of education shall compile, maintain, and
update in January and July of each year, a list of all boards of
education, schools, or programs of a type described in division
(A)(3), (4), or (5) of this section that contains the name of each
board of education, school, or program of that type, the county in
which it is located, its address and telephone number, the name of
the superintendent of the board or of an administrative officer or
employee of the school or program, and, in relation to a board of
education, the county or counties in which each of its schools is
located and the address of each such school.
(3) The Ohio board of regents shall compile, maintain, and
update in January and July of each year, a list of all
institutions of a type described in division (A)(7) of this
section that contains the name of each such institution, the
county in which it is located, its address and telephone number,
and the name of its president or other chief administrative
officer.
(4) A sheriff required by division (A) or (C) of this
section, or authorized by division (D)(2) of this section, to
provide notices regarding an offender or delinquent child, or a
designee of a sheriff of that type, may request the department of
job and family services, department of education, 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), (d), or (e) 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), (d), or (e) 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, a sexual predator, or a
child-victim predator for the sexually oriented offenses or
child-victim oriented offenses identified in division (A)(1)(a) of
this section or is a habitual sex offender or a habitual
child-victim offender;
(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 2950.01, 2950.04, 2950.041,
2950.06, 2950.07, 2950.10, 2950.11, and 2950.13 of the Revised
Code are hereby repealed.
Section 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
the changes to the state's Sex Offender Registration and
Notification Law made by this act are crucially needed to clarify
the manner in which that Law applies to an offender or delinquent
child who had duties under that Law imposed under the version of
it in effect prior to January 1, 2008. Therefore, this act shall
take immediate effect.
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