Sec. 2950.03. (A) Each person who has been convicted of, is | 10 |
convicted of, has pleaded guilty to, or pleads guilty to a | 11 |
sexually oriented
offense or a child-victim oriented offense and | 12 |
who has a duty to
register pursuant
to section 2950.04
or | 13 |
2950.041 of the Revised
Code and each person who is
adjudicated a | 14 |
delinquent child for
committing a
sexually oriented
offense or a | 15 |
child-victim
oriented offense and who is classified a juvenile
| 16 |
offender
registrant based on
that adjudication shall be
provided | 17 |
notice in accordance with
this section of the offender's
or | 18 |
delinquent child's duties imposed under sections
2950.04, | 19 |
2950.041, 2950.05, and 2950.06 of the Revised Code and of the | 20 |
offender's duties to similarly register, provide notice of a | 21 |
change, and verify addresses in another state if the offender | 22 |
resides, is temporarily domiciled, attends a school or institution | 23 |
of higher education, or is employed in a state other than this | 24 |
state. The following
official shall
provide the notice required | 25 |
under this division to
the specified person at the
following | 26 |
time: | 27 |
(1) Regardless of when the person committed the sexually | 28 |
oriented offense or child-victim oriented offense, if the
person | 29 |
is an offender
who is sentenced
to a prison term, a term of | 30 |
imprisonment, or any
other type of confinement for any offense, | 31 |
and if on or
after January 1, 2008,
the offender is serving
that | 32 |
term or
is
under that confinement, subject to division
(A)(5) of | 33 |
this
section,
the official in charge of the jail,
workhouse, | 34 |
state
correctional
institution, or other institution
in
which | 35 |
the
offender serves the
prison term, term of
imprisonment,
or | 36 |
confinement, or a designee
of that official,
shall provide the | 37 |
notice to the offender before
the offender is
released pursuant | 38 |
to
any type of supervised
release or before the
offender | 39 |
otherwise is
released from the
prison term, term of
imprisonment, | 40 |
or
confinement. | 41 |
(6) If the person is an offender or delinquent child who on | 95 |
or after July 1, 2007, and prior to January 1, 2008, is convicted | 96 |
of or pleads guilty to a sexually oriented offense or a | 97 |
child-victim oriented offense and is not sentenced to a prison | 98 |
term for that offense or is classified a juvenile offender | 99 |
registrant relative to a sexually oriented offense or child-victim | 100 |
oriented offense and is not committed to the custody of the | 101 |
department of youth services for that offense, the sentencing | 102 |
court or juvenile court shall provide the notice to the offender | 103 |
or delinquent child at the time and in the manner specified in | 104 |
division (C) of section 2950.032 of the Revised Code. | 105 |
(B)(1) The notice provided under division (A) of this
section | 112 |
shall inform the offender
or delinquent child of the offender's or | 113 |
delinquent child's
duty
to register, to provide notice of a change | 114 |
in the
offender's
or
delinquent child's residence address or in | 115 |
the offender's school, institution of higher education, or place | 116 |
of employment address, as applicable, and register
the new
| 117 |
address, to periodically verify the offender's or delinquent | 118 |
child's residence address
or the offender's school, institution of | 119 |
higher education, or place of employment address, as applicable, | 120 |
and, if applicable, to provide notice of the offender's or | 121 |
delinquent child's intent to reside, pursuant to sections 2950.04, | 122 |
2950.041, 2950.05, and 2950.06 of the Revised Code. The notice | 123 |
shall specify that, for an offender, it applies regarding | 124 |
residence addresses or school, institution of higher education, | 125 |
and place of employment addresses and that, for a delinquent | 126 |
child, it applies regarding residence addresses. Additionally, it | 127 |
shall inform the offender of the offender's duties to similarly | 128 |
register, provide notice of a change in, and verify those | 129 |
addresses in states other than this state as described in division | 130 |
(A) of this section and shall inform the offender or delinquent | 131 |
child that the offender or delinquent child will be monitored by | 132 |
an active global positioning system device during any period in | 133 |
which the offender or delinquent child does not have a fixed | 134 |
residence address. A notice provided under division (A)(1), (2), | 135 |
(3), or
(4) of this section shall
comport
with the following: | 136 |
(a)
If the notice is provided
to an offender under division | 137 |
(A)(1) or (2) of this section, the official, official's
designee, | 138 |
or judge
shall require the offender to read and sign a
form | 139 |
stating
that the offender's duties to register, to file a
notice | 140 |
of intent to reside, if applicable, to
register a new
residence | 141 |
address or new school, institution of higher education,
or place | 142 |
of employment address, and to periodically verify those | 143 |
addresses, and the offender's duties in other states as described | 144 |
in division (A) of this section
have been explained to the | 145 |
offender. If the
offender is unable to
read, the official, | 146 |
official's designee, or
judge shall certify on
the form that the | 147 |
official, designee, or
judge specifically
informed the offender of | 148 |
those duties and that
the offender
indicated an understanding of | 149 |
those duties. | 150 |
(b)
If the notice is provided
to a delinquent child under | 151 |
division
(A)(3) or (4) of this
section, the
judge shall require | 152 |
the
delinquent child and the
delinquent child's parent,
guardian, | 153 |
or
custodian to read and sign
a form stating
that the
delinquent | 154 |
child's duties to
register, to file a notice of intent to reside, | 155 |
if applicable, to register a new
residence
address, and to | 156 |
periodically
verify that
address have been
explained to the | 157 |
delinquent
child and to the delinquent child's
parent, guardian, | 158 |
or custodian.
If the delinquent child or the
delinquent child's | 159 |
parent,
guardian, or custodian is unable to
read, the
judge shall | 160 |
certify
on the form that the judge
specifically
informed the | 161 |
delinquent
child or the delinquent
child's parent, guardian, or | 162 |
custodian of
those duties and that
the delinquent child or the | 163 |
delinquent
child's parent, guardian,
or custodian indicated an | 164 |
understanding
of those duties. | 165 |
(a) For any notice provided under divisions (A)(1)
to (4) of | 173 |
this section, an
explanation of the offender's periodic residence | 174 |
address or
periodic school, institution of higher education, or | 175 |
place of
employment
address verification process
or of the | 176 |
delinquent
child's periodic residence address verification | 177 |
process, an
explanation of the frequency with which the
offender | 178 |
or delinquent
child
will be required to verify those addresses | 179 |
under that
process, a statement that the
offender
or delinquent | 180 |
child
must
verify those addresses at
the times specified under | 181 |
that process
or face criminal
prosecution
or a delinquent child | 182 |
proceeding, and
an explanation of the offender's duty to | 183 |
similarly register,
verify, and reregister those addresses in | 184 |
another state if the
offender resides in another state, attends a | 185 |
school or institution
of higher education in another state, or is | 186 |
employed in another
state. | 187 |
(3)(a) After an offender described in division (A)(1) or
(2) | 214 |
of this section has signed the form described in
divisions
(B)(1) | 215 |
and (2) of this section or the official,
official's designee, or | 216 |
judge has certified on
the form that
the
form has been
explained | 217 |
to the offender and that the offender
indicated an
understanding | 218 |
of the duties indicated on it, the
official,
official's designee, | 219 |
or judge shall give one copy of the
form to
the offender, within | 220 |
three days shall send one copy of the
form to
the bureau of | 221 |
criminal identification and investigation in
accordance with the | 222 |
procedures adopted pursuant to section 2950.13
of the Revised | 223 |
Code, shall send one copy of the form to the
sheriff of the
county | 224 |
in which the offender expects to reside, and
shall send one copy | 225 |
of the form to the sheriff of the county in
which the offender | 226 |
was convicted or pleaded guilty if the offender
has a duty to | 227 |
register pursuant to division (A)(1) of section
2950.04 or | 228 |
2950.041 of the Revised Code. | 229 |
(b)
After a delinquent child described in division
(A)(3) | 230 |
or (4) of
this section and the
delinquent child's parent, | 231 |
guardian, or
custodian have signed the form
described in divisions | 232 |
(B)(1) and (2) of
this section or the judge has certified on the | 233 |
form that the
form
has been explained to the delinquent child or | 234 |
the delinquent
child's
parent, guardian, or custodian and that the | 235 |
delinquent
child or the
delinquent child's parent, guardian, or | 236 |
custodian
indicated an
understanding of the duties and information | 237 |
indicated
on the form,
the judge
shall give a copy of the form to | 238 |
both the
delinquent
child and to the
delinquent child's parent, | 239 |
guardian,
or
custodian, within three days
shall send one copy of | 240 |
the form to
the bureau of criminal
identification and | 241 |
investigation in
accordance with the
procedures adopted pursuant | 242 |
to section 2950.13
of the
Revised
Code, shall send one copy
of | 243 |
the form to the
sheriff of the county in which the delinquent | 244 |
child
expects to
reside, and shall send one copy of the form to | 245 |
the sheriff of the county in which the child was adjudicated a | 246 |
delinquent child if the delinquent child has a duty to register | 247 |
pursuant to division (A)(1) of section 2950.04 or 2950.041 of the | 248 |
Revised Code. | 249 |
(C) The official, official's designee, judge, chief of | 250 |
police, or sheriff who is required to provide notice to an | 251 |
offender
or delinquent child under divisions (A)(1) to (4) of | 252 |
this section
shall
determine the offender's
or delinquent child's | 253 |
name,
identifying factors, and expected future residence address | 254 |
in this
state or any other state, shall
obtain the offender's
or | 255 |
delinquent child's criminal
and
delinquency history, and shall | 256 |
obtain a photograph and the
fingerprints of the offender
or | 257 |
delinquent child. Regarding an offender, the official, designee, | 258 |
or judge also shall obtain from the offender the offender's | 259 |
current or expected future school, institution of higher | 260 |
education, or place of employment address in this state, if any. | 261 |
If the notice
is provided by a judge under division (A)(2),
(3), | 262 |
or (4) of
this
section, the sheriff shall provide the
offender's | 263 |
or
delinquent
child's criminal
and delinquency history
to the | 264 |
judge.
The
official, official's designee, or judge shall
obtain | 265 |
this
information and these items prior to giving the
notice, | 266 |
except
that a judge may give the notice prior to obtaining
the | 267 |
offender's
or delinquent child's criminal
and delinquency | 268 |
history. Within
three days after receiving this information and | 269 |
these items, the
official, official's designee, or judge shall | 270 |
forward the
information and items to the bureau of criminal | 271 |
identification and
investigation in accordance with the forwarding | 272 |
procedures adopted
pursuant to section 2950.13 of the Revised | 273 |
Code, to the sheriff
of the county in which the offender
or | 274 |
delinquent child expects to
reside and to the sheriff of the | 275 |
county in which the offender or delinquent child was convicted, | 276 |
pleaded guilty, or adjudicated a delinquent child if the offender | 277 |
or delinquent child has a duty to register pursuant to division | 278 |
(A)(1) of section 2950.04 or 2950.041 of the Revised Code, and, | 279 |
regarding an offender, to the sheriff of the county, if any, in | 280 |
which the offender attends or will attend a school or institution | 281 |
of higher education or is or will be employed.
If the notice is | 282 |
provided under division (A)(3) or (4) of this
section
and if
the | 283 |
delinquent child has been committed to the
department
of youth | 284 |
services or to a secure facility, the judge,
in addition
to the | 285 |
other information and items described in this
division,
also shall | 286 |
forward to the bureau and to the sheriff
notification
that the | 287 |
child has been so committed. If it has
not
already done so, the | 288 |
bureau of criminal identification and
investigation shall forward | 289 |
a copy of the fingerprints and
conviction data received under this | 290 |
division to the federal bureau
of investigation. | 291 |
Sec. 2950.04. (A)(1)(a)
Immediately after a sentencing | 292 |
hearing is held on or after January
1, 2008, for an offender who | 293 |
is convicted of or pleads guilty to a
sexually oriented offense | 294 |
and is sentenced to a prison term, a
term of imprisonment, or any | 295 |
other type of confinement and before
the offender is transferred | 296 |
to the custody of the department of
rehabilitation and correction | 297 |
or to the official in charge of the
jail, workhouse, state | 298 |
correctional institution, or other
institution where the offender | 299 |
will be confined, the offender
shall register personally with the | 300 |
sheriff, or the sheriff's
designee, of the county in which
the | 301 |
offender was convicted of or
pleaded guilty to the sexually | 302 |
oriented offense. | 303 |
(b) Immediately after a dispositional hearing is held on or | 304 |
after January 1, 2008, for a child who is adjudicated a delinquent | 305 |
child for committing a sexually oriented offense, is classified a | 306 |
juvenile offender registrant based on that adjudication, and is | 307 |
committed to the custody of the department of youth services or to | 308 |
a secure facility that is not operated by the department and | 309 |
before the child is transferred to the custody of the department | 310 |
of youth services or the secure facility to which the delinquent | 311 |
child is committed, the delinquent child shall register personally | 312 |
with the sheriff, or the sheriff's designee, of the county in | 313 |
which the delinquent child was
classified a juvenile offender | 314 |
registrant based on that sexually
oriented offense. | 315 |
(iv) The public registry-qualified juvenile offender | 403 |
registrant shall register with the sheriff, or the sheriff's | 404 |
designee, or other appropriate
person of the other state | 405 |
immediately upon entering into any state
other than this state in | 406 |
which the registrant attends a school or
institution of higher | 407 |
education on a full-time or part-time basis
or upon being | 408 |
employed in any state other than this state for more
than three | 409 |
days or for an aggregate period of fourteen or more
days in that | 410 |
calendar year regardless of whether the registrant
resides or has | 411 |
a temporary domicile in this state, the other
state, or a | 412 |
different state. | 413 |
(4)
Regardless of when the sexually oriented offense was | 423 |
committed,
each person who is convicted, pleads
guilty, or is | 424 |
adjudicated a delinquent child in a court in another state, in a | 425 |
federal court,
military court, or
Indian tribal court, or in a | 426 |
court in any nation other than the United States for committing a | 427 |
sexually oriented offense shall comply with the following | 428 |
registration
requirements if, at the time the
offender
or | 429 |
delinquent child
moves to and
resides in this state or
temporarily | 430 |
is domiciled in
this state
for more than three days, the offender | 431 |
or public
registry-qualified juvenile offender registrant enters | 432 |
this
state
to attend a school or institution of higher | 433 |
education,
or the
offender or public registry-qualified juvenile | 434 |
offender registrant
is employed in this state for more than the | 435 |
specified period of
time,
the offender
or delinquent
child has a | 436 |
duty to register as a
sex
offender or child-victim offender under | 437 |
the law of
that other
jurisdiction as a result of
the conviction, | 438 |
guilty
plea,
or
adjudication: | 439 |
(5) An offender or a delinquent child who is a public | 471 |
registry-qualified juvenile offender registrant is not required to | 472 |
register under division (A)(2), (3), or (4) of this section if a | 473 |
court issues an order terminating the offender's or delinquent | 474 |
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 475 |
and 2950.06 of the Revised Code pursuant to section 2950.15 of the | 476 |
Revised Code. A delinquent child who is a juvenile offender | 477 |
registrant but is not a public registry-qualified juvenile | 478 |
offender registrant is not required to register under any of those | 479 |
divisions if a juvenile court issues an order declassifying the | 480 |
delinquent child as a juvenile offender registrant pursuant to | 481 |
section 2152.84 or 2152.85 of the Revised Code. | 482 |
(B) An offender
or delinquent child who is required by | 483 |
division (A) of this section to register in this state personally | 484 |
shall obtain
from the sheriff or from a designee of the sheriff a | 485 |
registration
form that conforms to division (C) of this section, | 486 |
shall complete
and sign the form, and shall return the completed | 487 |
form together
with the offender's
or delinquent child's | 488 |
photograph, copies of travel and immigration documents, and any | 489 |
other required material to the
sheriff or the designee.
The | 490 |
sheriff or designee shall sign the
form and indicate on the
form | 491 |
the date on which it is so returned.
The registration
required | 492 |
under this division is complete when the
offender
or
delinquent | 493 |
child returns the form, containing the
requisite
information, | 494 |
photograph, other required material, signatures, and
date, to the | 495 |
sheriff or designee. | 496 |
(4) Regarding an offender or delinquent child who is | 513 |
registering under a duty imposed under division (A)(2), (3),
or | 514 |
(4) of this section as a result of the offender or delinquent | 515 |
child residing in this state or temporarily being domiciled in | 516 |
this state for more than three days, the current residence | 517 |
address of
the offender
or delinquent child who is registering or | 518 |
a statement that the offender or delinquent child has no fixed | 519 |
residence address,
the name and
address of the offender's
or | 520 |
delinquent child's
employer if the
offender
or delinquent child | 521 |
is employed at the
time of
registration or if the offender
or | 522 |
delinquent child knows
at the
time of registration that the | 523 |
offender
or delinquent child
will be
commencing employment with | 524 |
that employer subsequent to
registration, any other employment | 525 |
information, such as the
general area where the offender or | 526 |
delinquent child is employed,
if the offender or delinquent child | 527 |
is employed in many
locations, and the name and address of the | 528 |
offender's or public
registry-qualified juvenile offender | 529 |
registrant's school or
institution of higher education if the | 530 |
offender or public
registry-qualified juvenile offender | 531 |
registrant attends one at the
time of registration or if the | 532 |
offender or public
registry-qualified juvenile offender | 533 |
registrant knows at the time
of
registration that the offender | 534 |
or public registry-qualified
juvenile offender registrant will be | 535 |
commencing attendance at
that school or institution subsequent to | 536 |
registration; | 537 |
(5) Regarding an offender or public registry-qualified | 538 |
juvenile offender registrant who is registering under a duty | 539 |
imposed under division (A)(2), (3), or (4) of this
section as
a | 540 |
result of the offender or public registry-qualified
juvenile | 541 |
offender registrant attending a school or
institution of
higher | 542 |
education in this state on a full-time or
part-time basis
or | 543 |
being employed in this state or in a
particular county in this | 544 |
state, whichever is applicable, for
more than three days
or for | 545 |
an aggregate of
fourteen or more days in any
calendar year, the | 546 |
name
and current
address of the school,
institution of higher | 547 |
education, or place
of employment of the
offender or public | 548 |
registry-qualified
juvenile offender
registrant who is | 549 |
registering,
including
any other employment information, such | 550 |
as the general
area where
the offender or public | 551 |
registry-qualified juvenile
offender registrant is employed, if | 552 |
the
offender or public
registry-qualified juvenile offender | 553 |
registrant is
employed in
many locations; | 554 |
(6) The identification license plate
number
of each vehicle | 555 |
the offender
or delinquent child owns,
of each
vehicle | 556 |
registered in the offender's
or
delinquent
child's name, of each | 557 |
vehicle the offender or delinquent
child
operates as a part of | 558 |
employment, and of each other vehicle that
is regularly available | 559 |
to be operated by the offender
or
delinquent child;
a | 560 |
description of where each vehicle is
habitually parked, stored, | 561 |
docked, or otherwise kept; and, if
required by the bureau of | 562 |
criminal
identification and
investigation, a photograph of each | 563 |
of those
vehicles; | 564 |
(8) If the offender or delinquent child was convicted of, | 572 |
pleaded guilty to, or was adjudicated a delinquent child for | 573 |
committing the sexually oriented offense resulting in the | 574 |
registration duty in a court in another state, in a federal court, | 575 |
military court, or Indian tribal court, or in a court in any | 576 |
nation other than the United States, a DNA specimen, as defined in | 577 |
section 109.573 of the Revised Code, from the offender or | 578 |
delinquent child, a citation for, and the name of, the sexually | 579 |
oriented offense resulting in the registration duty, and a | 580 |
certified copy of a document that describes the text of that | 581 |
sexually oriented offense; | 582 |
(D) After an offender
or delinquent child registers with a | 591 |
sheriff, or the sheriff's designee, pursuant to this section, the | 592 |
sheriff, or the sheriff's designee, shall forward the
signed, | 593 |
written registration form, photograph, and other
material to
the | 594 |
bureau of
criminal identification and
investigation in | 595 |
accordance with the
forwarding procedures adopted
pursuant to | 596 |
section 2950.13 of the
Revised Code. If an offender
registers a | 597 |
school, institution of higher education, or place of
employment | 598 |
address, or provides a school or institution of higher
education | 599 |
address under division (C)(4) of this section, the
sheriff
also | 600 |
shall provide notice to the law enforcement agency
with | 601 |
jurisdiction over the premises of the school, institution of | 602 |
higher education, or place of employment of the offender's name | 603 |
and that the offender has registered that address as a place at | 604 |
which the offender attends school or an institution of higher | 605 |
education or at which the offender is employed. The bureau shall | 606 |
include the information and
materials forwarded to it under this | 607 |
division in the state
registry of sex offenders and child-victim | 608 |
offenders established and maintained under section
2950.13 of the | 609 |
Revised Code. | 610 |
(G) If an offender or delinquent child who is required by | 622 |
division (A) of this section to register is a tier III sex | 623 |
offender/child-victim offender, the
offender or delinquent child | 624 |
also shall send
the
sheriff, or the
sheriff's designee, of the | 625 |
county in which the offender or
delinquent
child
intends to | 626 |
reside
written notice of the
offender's or
delinquent
child's | 627 |
intent to
reside in the county.
The offender or
delinquent
child | 628 |
shall send
the notice of intent
to reside at
least twenty
days | 629 |
prior to the
date the offender or
delinquent
child begins to | 630 |
reside in the
county. The notice of
intent to
reside shall | 631 |
contain
the following
information: | 632 |
(H) If, immediately prior to January 1, 2008,
an offender or | 639 |
delinquent child who was convicted of, pleaded
guilty to, or was | 640 |
adjudicated a delinquent child for committing a
sexually oriented | 641 |
offense or a child-victim oriented offense as
those terms were | 642 |
defined in section 2950.01 of the Revised Code
prior to January | 643 |
1, 2008, was required by division (A) of this
section or section | 644 |
2950.041 of the Revised Code to register and
if, on or after | 645 |
January 1, 2008, that offense is a sexually oriented offense as | 646 |
that term is defined in
section 2950.01 of the Revised Code on | 647 |
and after January 1, 2008,
the duty to register that is imposed | 648 |
pursuant to
this section on and after January 1, 2008, shall be | 649 |
considered,
for purposes of section 2950.07 of the Revised Code | 650 |
and for all
other purposes, to be a continuation of the duty | 651 |
imposed upon the
offender or delinquent child prior to January 1, | 652 |
2008, under this section or section 2950.041 of the Revised Code. | 653 |
(I) A person who states on the registration form required by | 654 |
division (C) of this section that the person does not have a fixed | 655 |
residence address shall be monitored by an active global | 656 |
positioning system device for as long as the person remains | 657 |
without a fixed residence address and during any future periods in | 658 |
which the person does not have a fixed residence address. The | 659 |
sheriff, or the sheriff's designee, of the county in which the | 660 |
person resides or is temporarily domiciled shall cause the person | 661 |
to be monitored. The person shall pay the full costs of monitoring | 662 |
unless the person files with the sheriff or the sheriff's designee | 663 |
an affidavit of indigency, supported by documentary evidence, | 664 |
showing that the person cannot pay part or all of the costs of | 665 |
monitoring. To the extent that the person cannot pay the costs of | 666 |
monitoring, the county in which the person resides or is | 667 |
temporarily domiciled shall pay those costs. | 668 |
Sec. 2950.041. (A)(1)(a)
Immediately after a sentencing | 669 |
hearing is held on or after January
1, 2008, for an offender who | 670 |
is convicted of or pleads guilty to a
child-victim oriented | 671 |
offense and is sentenced to a prison term, a
term of | 672 |
imprisonment, or any other type of confinement and before
the | 673 |
offender is transferred to the custody of the department of | 674 |
rehabilitation and correction or to the official in charge of the | 675 |
jail, workhouse, state correctional institution, or other | 676 |
institution where the offender will be confined, the offender | 677 |
shall register personally with the sheriff, or the sheriff's | 678 |
designee, of the county in which
the offender was convicted of or | 679 |
pleaded guilty to the
child-victim offense. | 680 |
(b) Immediately after a dispositional hearing is held on or | 681 |
after January 1, 2008, for a child who is adjudicated a delinquent | 682 |
child for committing a child-victim oriented offense, is | 683 |
classified a juvenile offender registrant based on that | 684 |
adjudication, and is committed to the custody of the department of | 685 |
youth services or to a secure facility that is not operated by the | 686 |
department and before the child is transferred to the custody of | 687 |
the department of youth services or the secure facility to which | 688 |
the delinquent child is committed, the delinquent child shall | 689 |
register personally with the sheriff, or the sheriff's designee, | 690 |
of the county in which the
delinquent child was classified a | 691 |
juvenile offender registrant
based on that child-victim oriented | 692 |
offense. | 693 |
(3) Regardless of when the child-victim oriented offense
was | 748 |
committed, each child who on or after July 31, 2003, is | 749 |
adjudicated a delinquent child for committing a child-victim | 750 |
oriented offense and who is classified a juvenile offender | 751 |
registrant based on that adjudication shall register personally | 752 |
with the sheriff, or the sheriff's designee, of the county within | 753 |
three days of the delinquent
child's coming into a county in | 754 |
which the delinquent child resides
or temporarily is domiciled | 755 |
for more than three days. If the
delinquent child is committed | 756 |
for the child-victim oriented
offense to the department of youth | 757 |
services or to a secure
facility that is not operated by the | 758 |
department, this duty begins
when the delinquent child is | 759 |
discharged or released in any manner
from custody in a department | 760 |
of youth services secure facility or
from the secure facility | 761 |
that is not operated by the department
if pursuant to the | 762 |
discharge or release the delinquent child is
not committed to any | 763 |
other secure facility of the department or
any other secure | 764 |
facility. | 765 |
(4) Regardless of when the child-victim oriented offense
was | 766 |
committed, each person who is convicted, pleads guilty, or
is | 767 |
adjudicated a delinquent child in a court in another state, in
a | 768 |
federal court, military court, or Indian tribal court, or in a | 769 |
court in any nation other than the United States for committing a | 770 |
child-victim oriented offense shall comply with all of the | 771 |
following registration
requirements if, at the time the offender | 772 |
or delinquent child
moves to and resides in this state or | 773 |
temporarily is domiciled in
this state for more than three days, | 774 |
the offender enters this
state to attend the school or | 775 |
institution of higher education, or
the offender is employed in | 776 |
this state for more than the specified
period of time, the | 777 |
offender or delinquent child has a duty to
register as a | 778 |
child-victim offender or sex offender under the law
of that other | 779 |
jurisdiction as a result of the conviction, guilty
plea, or | 780 |
adjudication: | 781 |
(5) An offender is not required to register under division | 806 |
(A)(2), (3), or (4) of this section if a court issues an order | 807 |
terminating the offender's duty to comply with sections 2950.04, | 808 |
2950.041, 2950.05, and 2950.06 of the Revised Code pursuant to | 809 |
section 2950.15 of the Revised Code. A delinquent child who is a | 810 |
juvenile offender registrant but is not a public | 811 |
registry-qualified juvenile offender registrant is not required to | 812 |
register under any of those divisions if a juvenile court issues | 813 |
an order declassifying the delinquent child as a juvenile offender | 814 |
registrant pursuant to section 2152.84 or 2152.85 of the Revised | 815 |
Code. | 816 |
(6) The identification license plate
number issued by this | 855 |
state or any other state of each vehicle the offender
or | 856 |
delinquent child owns, of each vehicle registered in the | 857 |
offender's
or
delinquent child's name, of each vehicle the | 858 |
offender or delinquent child operates as a part of employment, and | 859 |
of each other vehicle that is regularly available to be
operated | 860 |
by the offender or delinquent child; a description of where each | 861 |
vehicle is habitually parked,
stored, docked, or otherwise kept; | 862 |
and, if required by
the bureau of criminal identification and | 863 |
investigation, a
photograph of each of those vehicles; | 864 |
(8) If the offender or delinquent child was convicted of, | 872 |
pleaded guilty to, or was adjudicated a delinquent child for | 873 |
committing the child-victim oriented offense resulting in the | 874 |
registration duty in a court in another state, in a federal court, | 875 |
military court, or Indian tribal court, or in a court in any | 876 |
nation other than the United States, a DNA specimen, as defined in | 877 |
section 109.573 of the Revised Code, from the offender or | 878 |
delinquent child, a citation for, and the name of, the | 879 |
child-victim oriented offense resulting in the registration duty, | 880 |
and a certified copy of a document that describes the text of that | 881 |
child-victim oriented offense; | 882 |
(G) If an offender or delinquent child who is required by | 905 |
division (A) of this section to register is a tier III sex | 906 |
offender/child-victim
offender, the offender or delinquent child | 907 |
also shall send the
sheriff, or the sheriff's designee, of the | 908 |
county in which the
offender or delinquent child
intends to | 909 |
reside written notice of
the offender's or delinquent
child's | 910 |
intent to reside in the
county. The offender or delinquent
child | 911 |
shall send the notice of
intent to reside at least twenty
days | 912 |
prior to the date the
offender or delinquent child begins to | 913 |
reside in the county. The
notice of intent to reside shall | 914 |
contain
all of the following
information: | 915 |
(H) If, immediately prior to January 1, 2008, an offender or | 921 |
delinquent child who was convicted of, pleaded guilty to, or was | 922 |
adjudicated a delinquent child for committing a child-victim | 923 |
oriented offense or a sexually oriented offense as those terms | 924 |
were defined in section 2950.01 of the Revised Code prior to | 925 |
January 1, 2008, was required by division (A) of this section or | 926 |
section 2950.04 of the Revised Code to register and if, on or | 927 |
after January 1, 2008, that offense is a child-victim oriented | 928 |
offense as that term is defined in section 2950.01 of the Revised | 929 |
Code on and after January 1, 2008, the duty to register that is | 930 |
imposed pursuant to this section on and after January 1, 2008, | 931 |
shall be considered, for purposes of section 2950.07 of the | 932 |
Revised Code and for all other purposes, to be a continuation of | 933 |
the duty imposed upon the offender or delinquent child prior to | 934 |
January 1, 2008, under this section or section 2950.04 of the | 935 |
Revised Code. | 936 |
(I) A person who states on the registration form required by | 937 |
division (C) of this section that the person does not have a fixed | 938 |
residence address shall be monitored by an active global | 939 |
positioning system device for as long as the person remains | 940 |
without a fixed residence address and during any future periods in | 941 |
which the person does not have a fixed residence address. The | 942 |
sheriff, or the sheriff's designee, of the county in which the | 943 |
person resides or is temporarily domiciled shall cause the person | 944 |
to be monitored. The person shall pay the full costs of monitoring | 945 |
unless the person files with the sheriff or the sheriff's designee | 946 |
an affidavit of indigency, supported by documentary evidence, | 947 |
showing that the person cannot pay part or all of the costs of | 948 |
monitoring. To the extent that the person cannot pay the costs of | 949 |
monitoring, the county in which the person resides or is | 950 |
temporarily domiciled shall pay those costs. | 951 |
Sec. 2950.05. (A) If an offender
or delinquent child is | 952 |
required to
register
pursuant to division (A)(2), (3), or (4) of | 953 |
section 2950.04 or 2950.041 of the Revised
Code, the
delinquent | 954 |
child if not a public
registry-qualified juvenile offender | 955 |
registrant shall provide
written
notice of any change of
residence | 956 |
address, and the
offender and public registry-qualified juvenile | 957 |
offender
registrant
shall provide notice of any change of | 958 |
residence,
school, institution of
higher education, or place of | 959 |
employment
address, to the sheriff
with whom the
offender
or | 960 |
delinquent
child most recently registered the address
under | 961 |
division (A)(2),
(3), or (4) of section 2950.04 or 2950.041
of | 962 |
the
Revised Code or
under division (B) of this section. A | 963 |
written notice of a change
of school, institution of higher | 964 |
education, or place of employment
address also shall include the | 965 |
name of the new school, institution
of higher education, or place | 966 |
of employment. The
delinquent child if not a public | 967 |
registry-qualified juvenile offender registrant shall provide the | 968 |
written notice at least twenty
days prior to changing the | 969 |
residence address, and the offender and public registry-qualified | 970 |
juvenile offender registrant
shall provide the written notice at | 971 |
least twenty days prior to
changing the address of the residence, | 972 |
school, or institution of higher
education and not later than | 973 |
three days after changing the address
of the place of employment. | 974 |
They shall provide the written notices
during the period they are | 975 |
required to register. If a residence
address change is not to a | 976 |
fixed address, the offender or
delinquent child shall include in | 977 |
that notice a detailed
description of the place or places at | 978 |
which the offender or
delinquent child intends to stay and, not | 979 |
later than the end of
the first business day immediately | 980 |
following the day on which the
person obtains a fixed residence | 981 |
address, shall provide that
sheriff written notice of that fixed | 982 |
residence address. If a
person whose residence address change is | 983 |
not to a fixed address
describes in a notice under this division | 984 |
the place or places at
which the person intends to stay, for | 985 |
purposes of divisions (C) to
(I) of this section, sections | 986 |
2950.06 to 2950.13 of the Revised
Code, and sections 311.171 and | 987 |
2919.24 of the Revised Code, the
place or places so described in | 988 |
the notice shall be considered the
person's residence address and | 989 |
registered residence address until
the person provides the | 990 |
written notice of a fixed residence
address as described in this | 991 |
division.
A person whose residence address change is not to a | 992 |
fixed address shall be monitored by an active global positioning | 993 |
system device as provided in division (I) of section 2950.04 or | 994 |
division (I) of section 2950.041 of the Revised Code until the | 995 |
person provides written notice of a fixed residence address as | 996 |
described in this division. | 997 |
(B) If an offender or public registry-qualified juvenile | 998 |
offender registrant
is required to
provide notice of a
residence, | 999 |
school, institution of higher education, or place of
employment | 1000 |
address change under division
(A) of
this section, or a | 1001 |
delinquent child who is not a public registry-qualified juvenile | 1002 |
offender registrant is required to provide notice of a residence | 1003 |
address change under that division, the offender
or delinquent | 1004 |
child, at least
twenty
days prior to
changing the residence, | 1005 |
school, or institution of higher education address and not later | 1006 |
than three days after changing the place of employment
address, | 1007 |
as applicable, also shall
register
the new address in the
manner, | 1008 |
and using the form, described in
divisions (B)
and (C) of
section | 1009 |
2950.04 or 2950.041 of the
Revised Code, whichever is
applicable, | 1010 |
with
the sheriff of
the county in
which the offender's
or | 1011 |
delinquent
child's new
address is
located, subject to division | 1012 |
(C)
of this
section. If a residence address change is not to a | 1013 |
fixed address, the offender or delinquent child shall include in | 1014 |
the registration a detailed description of the place or places at | 1015 |
which the offender or delinquent child intends to stay and, not | 1016 |
later than the end of the first business day immediately following | 1017 |
the day on which the person obtains a fixed residence address, | 1018 |
shall register with that sheriff that fixed residence address. If | 1019 |
a person whose residence address change is not to a fixed address | 1020 |
describes in a registration under this division the place or | 1021 |
places at which the person intends to stay, for purposes of | 1022 |
divisions (C) to (I) of this section, sections 2950.06 to
2950.13 | 1023 |
of the Revised Code, and sections 311.171 and 2919.24 of
the | 1024 |
Revised Code, the place or places so described in the | 1025 |
registration
shall be considered the person's residence address | 1026 |
and registered
residence address, until the person registers a | 1027 |
fixed residence
address as described in this division.
A person | 1028 |
whose residence address change is not to a fixed address shall be | 1029 |
monitored by an active global positioning system device as | 1030 |
provided in division (I) of section 2950.04 or division (I) of | 1031 |
section 2950.041 of the Revised Code until the person provides | 1032 |
written notice of a fixed residence address as described in this | 1033 |
division. | 1034 |
(C) Divisions (A) and (B) of this section apply
to a person | 1035 |
who is required to register pursuant to division (A)(2), (3), or | 1036 |
(4) of
section 2950.04 or 2950.041 of the
Revised Code regardless | 1037 |
of whether the new residence, school, institution of higher | 1038 |
education, or place of employment
address is in
this state or in | 1039 |
another state. If the new address is
in another state, the person | 1040 |
shall register with the appropriate
law
enforcement officials in | 1041 |
that state in the manner required
under the law of
that state and | 1042 |
within the earlier of the period
of time required under the law
of | 1043 |
that state or at least seven
days prior to changing the address. | 1044 |
(D) If an offender or
delinquent child who is a public | 1045 |
registry-qualified juvenile
offender registrant is required to | 1046 |
register pursuant to division
(A)(2), (3), or (4) of section | 1047 |
2950.04 or 2950.041 of the Revised
Code, the offender or public | 1048 |
registry-qualified juvenile offender
registrant shall provide | 1049 |
written notice, within three days of the
change, of any change in | 1050 |
vehicle information, email addresses,
internet identifiers, or | 1051 |
telephone numbers registered to or used
by the offender or | 1052 |
registrant to the sheriff with whom the
offender or registrant | 1053 |
has most recently registered under division
(A)(2), (3), or (4) | 1054 |
of section 2950.04 or 2950.041 of the Revised
Code. | 1055 |
(E)(1) Upon receiving from an offender
or delinquent child | 1056 |
pursuant to
division
(A) of this section notice of a change of the | 1057 |
offender's or public registry-qualified juvenile offender | 1058 |
registrant's
residence, school, institution of higher education, | 1059 |
or
place of employment address or the
residence
address of a | 1060 |
delinquent child who is not a public
registry-qualified juvenile | 1061 |
offender registrant, a sheriff
promptly
shall
forward the new | 1062 |
address to the
bureau of
criminal
identification and | 1063 |
investigation in accordance
with the
forwarding procedures | 1064 |
adopted pursuant to section 2950.13
of the
Revised Code
if the | 1065 |
new address is in another state or,
if
the
new
address is | 1066 |
located in another county in this state, to the
sheriff
of that | 1067 |
county. Upon receiving from
an offender or public | 1068 |
registry-qualified juvenile offender
registrant notice of vehicle | 1069 |
and identifier changes pursuant to
division (D) of this section, | 1070 |
a sheriff promptly shall forward the
new information to the | 1071 |
bureau of criminal identification and
investigation in accordance | 1072 |
with the forwarding procedures adopted
pursuant to section | 1073 |
2950.13 of the Revised Code. The bureau
shall include all | 1074 |
information
forwarded to it
under this division in the state | 1075 |
registry of sex
offenders and child-victim offenders
established | 1076 |
and maintained
under section 2950.13 of
the Revised
Code and | 1077 |
shall forward
notice
of the offender's
or delinquent
child's new | 1078 |
residence, school,
institution of higher education, or place of | 1079 |
employment address,
as applicable, to
the appropriate officials | 1080 |
in the
other state. | 1081 |
(G)(1) It is an affirmative defense to a charge of a | 1103 |
violation of division (F)(1) of this section that it was | 1104 |
impossible for the person to provide the written notice to the | 1105 |
sheriff as required under division (A) of this section because of | 1106 |
a lack of knowledge, on the date specified for the provision of | 1107 |
the written notice, of a residence, school, institution of higher | 1108 |
education, or place of employment address change, and that the | 1109 |
person provided notice of the residence, school, institution of | 1110 |
higher education, or place of employment address change to the | 1111 |
sheriff specified in division (A) of this section as soon as | 1112 |
possible, but not later than the end of the first business day, | 1113 |
after learning of the address change by doing either of the | 1114 |
following: | 1115 |
(a) The person provided notice of the address change to the | 1116 |
sheriff specified in division (A) of this section by telephone | 1117 |
immediately upon learning of the address change or, if the person | 1118 |
did not have reasonable access to a telephone at that time, as | 1119 |
soon as possible, but not later than the end of the first business | 1120 |
day, after learning of the address change and having reasonable | 1121 |
access to a telephone, and the person, as soon as possible, but | 1122 |
not later than the end of the first business day, after providing | 1123 |
notice of the address change to the sheriff by telephone, provided | 1124 |
written notice of the address change to that sheriff. | 1125 |
(2) It is an affirmative defense to a charge of a violation | 1130 |
of division (F)(2) of this section that it was impossible for
the | 1131 |
person to register the new address with the sheriff or the | 1132 |
official of the other state as required under division (B) or (C) | 1133 |
of this section because of a lack of knowledge, on the date | 1134 |
specified for the registration of the new address, of a residence, | 1135 |
school, institution of higher education, or place of employment | 1136 |
address change, and that the person registered the new residence, | 1137 |
school, institution of higher education, or place of employment | 1138 |
address with the sheriff or the official of the other state | 1139 |
specified in division (B) or (C) of this section as soon as | 1140 |
possible, but not later than the end of the first business day, | 1141 |
after learning of the address change by doing either of the | 1142 |
following: | 1143 |
(a) The person provided notice of the new address to the | 1144 |
sheriff or official specified in division (B) or (C) of this | 1145 |
section by telephone immediately upon learning of the new address | 1146 |
or, if the person did not have reasonable access to a telephone at | 1147 |
that time, as soon as possible, but not later than the end of the | 1148 |
first business day, after learning of the new address and having | 1149 |
reasonable access to a telephone, and the person, as soon as | 1150 |
possible, but not later than the end of the first business day, | 1151 |
after providing notice of the new address to the sheriff or | 1152 |
official by telephone, registered the new address with that | 1153 |
sheriff or official in accordance with division (B) or (C) of this | 1154 |
section. | 1155 |