To amend sections 109.42, 109.57, 311.171, 1923.01, 1923.02, 2151.23, 2151.357, 2152.02, 2152.19, 2152.191, 2152.22, 2152.82, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07, 2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02, 2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06, 2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01, 2950.02, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2953.32, 2967.12, 2967.121, 2971.01, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, 5139.13, 5149.10, 5321.01, 5321.03, and 5321.051; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 2152.821 (2152.811) and 2950.031 (2950.034); to enact new section 2950.031 and sections 2152.831, 2152.86, 2950.011, 2950.032, 2950.033, 2950.042, 2950.043, 2950.131, 2950.15, and 2950.16; and to repeal sections 2152.811, 2950.021, 2950.09, and 2950.091 of the Revised Code to revise Ohio's Sex Offender Registration and Notification Law and conform it to recently enacted requirements of federal law contained in the Adam Walsh Child Protection and Safety Act of 2006, to increase the penalties for certain violations of kidnapping, aggravated murder when a sentence of death or life without parole is not imposed, and murder when the victim of any of those offenses is less than 13 years of age and the offense was committed with a sexual motivation and require that those sentences be served under the Sexually Violent Predator Sentencing Law, and to declare an emergency.
SECTION 1. That sections 109.42, 109.57, 311.171, 1923.01, 1923.02, 2151.23, 2151.357, 2152.02, 2152.19, 2152.191, 2152.22, 2152.82, 2152.83, 2152.84, 2152.85, 2152.851, 2743.191, 2901.07, 2903.211, 2905.01, 2905.02, 2905.03, 2905.05, 2907.01, 2907.02, 2907.05, 2921.34, 2929.01, 2929.02, 2929.022, 2929.03, 2929.06, 2929.13, 2929.14, 2929.19, 2929.23, 2930.16, 2941.148, 2950.01, 2950.02, 2950.03, 2950.031, 2950.04, 2950.041, 2950.05, 2950.06, 2950.07, 2950.08, 2950.081, 2950.10, 2950.11, 2950.12, 2950.13, 2950.14, 2953.32, 2967.12, 2967.121, 2971.01, 2971.03, 2971.04, 2971.05, 2971.06, 2971.07, 5120.49, 5120.61, 5120.66, 5139.13, 5149.10, 5321.01, 5321.03, and 5321.051 be amended, that sections 2152.821 (2152.811) and 2950.031 (2950.034) be amended for the purpose of adopting new section numbers as indicated in parentheses, and that new section 2950.031 and sections 2152.831, 2152.86, 2950.011, 2950.032, 2950.033, 2950.042, 2950.043, 2950.131, 2950.15, and 2950.16 of the Revised Code be enacted to read as follows:
Sec. 109.42. (A) The attorney general shall prepare and have printed a pamphlet that contains a compilation of all statutes relative to victim's rights in which the attorney general lists and explains the statutes in the form of a victim's bill of rights. The attorney general shall distribute the pamphlet to all sheriffs, marshals, municipal corporation and township police departments, constables, and other law enforcement agencies, to all prosecuting attorneys, city directors of law, village solicitors, and other similar chief legal officers of municipal corporations, and to organizations that represent or provide services for victims of crime. The victim's bill of rights set forth in the pamphlet shall contain a description of all of the rights of victims that are provided for in Chapter 2930. or in any other section of the Revised Code and shall include, but not be limited to, all of the following:
(1) The right of a victim or a victim's representative to attend a proceeding before a grand jury, in a juvenile case, or in a criminal case pursuant to a subpoena without being discharged from the victim's or representative's employment, having the victim's or representative's employment terminated, having the victim's or representative's pay decreased or withheld, or otherwise being punished, penalized, or threatened as a result of time lost from regular employment because of the victim's or representative's attendance at the proceeding pursuant to the subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or 2945.451 of the Revised Code;
(2) The potential availability pursuant to section 2151.359 or 2152.61 of the Revised Code of a forfeited recognizance to pay damages caused by a child when the delinquency of the child or child's violation of probation or community control is found to be proximately caused by the failure of the child's parent or guardian to subject the child to reasonable parental authority or to faithfully discharge the conditions of probation or community control;
(3) The availability of awards of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code for injuries caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.06 of the Revised Code, notice of the date, time, and place of the trial or delinquency proceeding in the case or, if there will not be a trial or delinquency proceeding, information from the prosecutor, as defined in section 2930.01 of the Revised Code, regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile cases or a victim's representative to receive, pursuant to section 2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the name of the person charged with the violation, the case or docket number assigned to the charge, and a telephone number or numbers that can be called to obtain information about the disposition of the case;
(6) The right of the victim in certain criminal or juvenile cases or of the victim's representative pursuant to section 2930.13 or 2930.14 of the Revised Code, subject to any reasonable terms set by the court as authorized under section 2930.14 of the Revised Code, to make a statement about the victimization and, if applicable, a statement relative to the sentencing or disposition of the offender;
(7) The opportunity to obtain a court order, pursuant to section 2945.04 of the Revised Code, to prevent or stop the commission of the offense of intimidation of a crime victim or witness or an offense against the person or property of the complainant, or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile cases or a victim's representative pursuant to sections 2151.38, 2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to receive notice of a pending motion for judicial release or early release of the person who committed the offense against the victim, to make an oral or written statement at the court hearing on the motion, and to be notified of the court's decision on the motion;
(9) The right of the victim in certain criminal or juvenile cases or a victim's representative pursuant to section 2930.16, 2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice of any pending commutation, pardon, parole, transitional control, discharge, other form of authorized release, post-release control, or supervised release for the person who committed the offense against the victim or any application for release of that person and to send a written statement relative to the victimization and the pending action to the adult parole authority or the release authority of the department of youth services;
(10) The right of the victim to bring a civil action pursuant to sections 2969.01 to 2969.06 of the Revised Code to obtain money from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully damages property through the commission of an act that would be a theft offense, as defined in section 2913.01 of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised Code, to maintain a civil action to recover compensatory damages not exceeding ten thousand dollars and costs from the parent of a minor who willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an offender or a delinquent child pursuant to section 2152.20, 2929.18, or 2929.28 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile cases or a victim's representative, pursuant to section 2930.16 of the Revised Code, to receive notice of the escape from confinement or custody of the person who committed the offense, to receive that notice from the custodial agency of the person at the victim's last address or telephone number provided to the custodial agency, and to receive notice that, if either the victim's address or telephone number changes, it is in the victim's interest to provide the new address or telephone number to the custodial agency;
(15) The right of a victim of domestic violence to seek the issuance of a civil protection order pursuant to section 3113.31 of the Revised Code, the right of a victim of a violation of section 2903.14, 2909.06, 2909.07, 2911.12, 2911.211, or 2919.22 of the Revised Code, a violation of a substantially similar municipal ordinance, or an offense of violence who is a family or household member of the offender at the time of the offense to seek the issuance of a temporary protection order pursuant to section 2919.26 of the Revised Code, and the right of both types of victims to be accompanied by a victim advocate during court proceedings;
(16) The right of a victim of a
sexually oriented offense
that is not a registration-exempt sexually oriented offense or of
a child-victim oriented offense that is committed by a person who
is convicted of or, pleads guilty to an aggravated sexually
oriented offense, by a person who is
adjudicated a sexual
predator
or child-victim predator, or, in certain cases, by
a person who is
determined to be
a habitual sex offender or habitual child-victim
offender, or is adjudicated a delinquent child for committing the
offense and who is in a category specified in division (B) of
section 2950.10 of the Revised Code to
receive, pursuant to that
section 2950.10 of
the Revised Code, notice that the
person
has
registered with a
sheriff under section 2950.04, 2950.041, or
2950.05
of the Revised Code and
notice of the
person's name, the
person's residence that is registered, and the offender's school,
institution of higher education, or place of employment address or
addresses that are registered, the person's photograph,
and
a
summary of the manner in which the victim must make a
request
to
receive the notice. As used in this division,
"sexually
oriented
offense," "adjudicated a sexual
predator,"
"habitual sex
offender," "registration-exempt sexually oriented offense,"
"aggravated sexually oriented offense," and "child-victim oriented
offense," "adjudicated a child-victim predator," and "habitual
child-victim offender" have the same meanings as
in section
2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent
offenses committed by an offender who also is convicted of or
pleads guilty to a sexually violent predator specification and who
is
sentenced
to a prison term pursuant to division
(A)(3) of
section 2971.03 of
the Revised Code, of a victim of a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after the effective date of this amendment January
2, 2007, by an offender who is sentenced for the violation
pursuant to division (B)(1)(a), (b), or (c) of section 2971.03 of
the Revised Code, and of a victim of an attempted rape committed
on or after the effective date of this amendment January 2, 2007,
by an offender 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 and is sentenced for
the violation pursuant to division (B)(2)(a), (b), or (c) of
section 2971.03 of the Revised Code, and of a victim of an offense
that is described in division (B)(3)(a), (b), (c), or (d) of
section 2971.03 of the Revised Code and is committed by an
offender who is sentenced pursuant to one of those divisions to
receive, pursuant to
section 2930.16 of the
Revised Code, notice
of a hearing to
determine whether to modify
the requirement that
the offender
serve the entire prison term in
a state correctional
facility,
whether to continue, revise, or
revoke any existing
modification
of that requirement, or whether
to terminate the
prison term.
As used in this division, "sexually
violent offense"
and
"sexually violent predator specification" have the same
meanings as in section
2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant of any of those officers who prosecutes an offense committed in this state, upon first contact with the victim of the offense, the victim's family, or the victim's dependents, shall give the victim, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section and explain, upon request, the information in the pamphlet to the victim, the victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law enforcement agency that investigates an offense or delinquent act committed in this state shall give the victim of the offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section at one of the following times:
(i) Upon first contact with the victim, the victim's family, or the victim's dependents;
(ii) If the offense or delinquent act is an offense of violence, if the circumstances of the offense or delinquent act and the condition of the victim, the victim's family, or the victim's dependents indicate that the victim, the victim's family, or the victim's dependents will not be able to understand the significance of the pamphlet upon first contact with the agency, and if the agency anticipates that it will have an additional contact with the victim, the victim's family, or the victim's dependents, upon the agency's second contact with the victim, the victim's family, or the victim's dependents.
If the agency does not give the victim, the victim's family, or the victim's dependents a copy of the pamphlet upon first contact with them and does not have a second contact with the victim, the victim's family, or the victim's dependents, the agency shall mail a copy of the pamphlet to the victim, the victim's family, or the victim's dependents at their last known address.
(c) In complying on and after December 9, 1994, with the duties imposed by division (B)(1)(a) or (b) of this section, an official or a law enforcement agency shall use copies of the pamphlet that are in the official's or agency's possession on December 9, 1994, until the official or agency has distributed all of those copies. After the official or agency has distributed all of those copies, the official or agency shall use only copies of the pamphlet that contain at least the information described in divisions (A)(1) to (17) of this section.
(2) The failure of a law enforcement agency or of a prosecuting attorney, assistant prosecuting attorney, city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation or an assistant to any of those officers to give, as required by division (B)(1) of this section, the victim of an offense or delinquent act, the victim's family, or the victim's dependents a copy of the pamphlet prepared pursuant to division (A) of this section does not give the victim, the victim's family, the victim's dependents, or a victim's representative any rights under section 2743.51 to 2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 of the Revised Code or under any other provision of the Revised Code and does not affect any right under those sections.
(3) A law enforcement agency, a prosecuting attorney or assistant prosecuting attorney, or a city director of law, assistant city director of law, village solicitor, assistant village solicitor, or similar chief legal officer of a municipal corporation that distributes a copy of the pamphlet prepared pursuant to division (A) of this section shall not be required to distribute a copy of an information card or other printed material provided by the clerk of the court of claims pursuant to section 2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet prepared pursuant to division (A) of this section shall be paid out of the reparations fund, created pursuant to section 2743.191 of the Revised Code, in accordance with division (D) of that section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in section 2930.01 of the Revised Code;
(2) "Victim advocate" has the same meaning as in section 2919.26 of the Revised Code.
Sec. 109.57. (A)(1) The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions, fingerprints, measurements, and other information that may be pertinent of all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code, of all children under eighteen years of age who have been adjudicated delinquent children for committing within this state an act that would be a felony or an offense of violence if committed by an adult or who have been convicted of or pleaded guilty to committing within this state a felony or an offense of violence, and of all well-known and habitual criminals. The person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and the person in charge of any state institution having custody of a person suspected of having committed a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code or having custody of a child under eighteen years of age with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall furnish such material to the superintendent of the bureau. Fingerprints, photographs, or other descriptive information of a child who is under eighteen years of age, has not been arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult, has not been adjudicated a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, has not been convicted of or pleaded guilty to committing a felony or an offense of violence, and is not a child with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall not be procured by the superintendent or furnished by any person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution, except as authorized in section 2151.313 of the Revised Code.
(2) Every clerk of a court of record in this state, other than the supreme court or a court of appeals, shall send to the superintendent of the bureau a weekly report containing a summary of each case involving a felony, involving any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, involving a misdemeanor described in division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code, or involving an adjudication in a case in which a child under eighteen years of age was alleged to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult. The clerk of the court of common pleas shall include in the report and summary the clerk sends under this division all information described in divisions (A)(2)(a) to (f) of this section regarding a case before the court of appeals that is served by that clerk. The summary shall be written on the standard forms furnished by the superintendent pursuant to division (B) of this section and shall include the following information:
(a) The incident tracking number contained on the standard forms furnished by the superintendent pursuant to division (B) of this section;
(b) The style and number of the case;
(c) The date of arrest;
(d) The date that the person was convicted of or pleaded guilty to the offense, adjudicated a delinquent child for committing the act that would be a felony or an offense of violence if committed by an adult, found not guilty of the offense, or found not to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, the date of an entry dismissing the charge, an entry declaring a mistrial of the offense in which the person is discharged, an entry finding that the person or child is not competent to stand trial, or an entry of a nolle prosequi, or the date of any other determination that constitutes final resolution of the case;
(e) A statement of the original charge with the section of the Revised Code that was alleged to be violated;
(f) If the person or child was convicted, pleaded guilty, or was adjudicated a delinquent child, the sentence or terms of probation imposed or any other disposition of the offender or the delinquent child.
If the offense involved the disarming of a law enforcement officer or an attempt to disarm a law enforcement officer, the clerk shall clearly state that fact in the summary, and the superintendent shall ensure that a clear statement of that fact is placed in the bureau's records.
(3) The superintendent shall cooperate with and assist sheriffs, chiefs of police, and other law enforcement officers in the establishment of a complete system of criminal identification and in obtaining fingerprints and other means of identification of all persons arrested on a charge of a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or a misdemeanor described in division (A)(1)(a) or (A)(10)(a) of section 109.572 of the Revised Code and of all children under eighteen years of age arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult. The superintendent also shall file for record the fingerprint impressions of all persons confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution for the violation of state laws and of all children under eighteen years of age who are confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution or in any facility for delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, and any other information that the superintendent may receive from law enforcement officials of the state and its political subdivisions.
(4) The superintendent shall carry out Chapter 2950. of
the
Revised Code with respect to the registration of
persons who are
convicted of or plead guilty
to either a sexually oriented offense
that is not a registration-exempt sexually oriented offense or a
child-victim oriented offense and with respect to all other duties
imposed on
the bureau under that chapter.
(5) The bureau shall perform centralized recordkeeping functions for criminal history records and services in this state for purposes of the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code and is the criminal history record repository as defined in that section for purposes of that compact. The superintendent or the superintendent's designee is the compact officer for purposes of that compact and shall carry out the responsibilities of the compact officer specified in that compact.
(B) The superintendent shall prepare and furnish to every county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and to every clerk of a court in this state specified in division (A)(2) of this section standard forms for reporting the information required under division (A) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both tangible formats and electronic formats.
(C)(1) The superintendent may operate a center for
electronic, automated, or other data processing for the storage
and retrieval of information, data, and statistics pertaining to
criminals and to children under eighteen years of age who are
adjudicated
delinquent children for committing an
act that would
be a felony or an offense of
violence if committed by an adult,
criminal activity, crime prevention,
law
enforcement,
and criminal
justice, and may establish and operate a statewide
communications
network to gather and disseminate information,
data, and
statistics for the use of law enforcement agencies and for other
uses specified in this division. The
superintendent may gather,
store, retrieve, and
disseminate information, data, and statistics
that pertain to children who are
under eighteen years of age and
that are gathered pursuant to sections 109.57
to 109.61 of the
Revised Code together with information, data, and
statistics that
pertain to adults and that are gathered pursuant to those
sections. In
(2) The superintendent or the superintendent's designee shall gather information of the nature described in division (C)(1) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for inclusion in the state registry of sex offenders and child-victim offenders maintained pursuant to division (A)(1) of section 2950.13 of the Revised Code and in the internet database operated pursuant to division (A)(13) of that section and for possible inclusion in the internet database operated pursuant to division (A)(11) of that section.
(3) In addition to any other authorized use of information,
data, and statistics of that the nature described in division
(C)(1) of this section, the superintendent or the superintendent's
designee may provide and exchange the information, data, and
statistics pursuant to the national crime prevention and privacy
compact as described in division (A)(5) of this section.
(D) The information and materials furnished to the superintendent pursuant to division (A) of this section and information and materials furnished to any board or person under division (F) or (G) of this section are not public records under section 149.43 of the Revised Code. The superintendent or the superintendent's designee shall gather and retain information so furnished under division (A) of this section that pertains to the offense and delinquency history of a person who has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing a sexually oriented offense or a child-victim oriented offense for the purposes described in division (C)(2) of this section.
(E) The attorney general shall adopt rules, in accordance with Chapter 119. of the Revised Code, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section. A reasonable fee may be charged for this service. If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed in division (A)(1), (3), (4), (5), or (6) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged.
(F)(1) As used in division (F)(2) of this section, "head start agency" means an entity in this state that has been approved to be an agency for purposes of subchapter II of the "Community Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as amended.
(2)(a) In addition to or in conjunction with any request that is required to be made under section 109.572, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code, the board of education of any school district; the director of mental retardation and developmental disabilities; any county board of mental retardation and developmental disabilities; any entity under contract with a county board of mental retardation and developmental disabilities; the chief administrator of any chartered nonpublic school; the chief administrator of any home health agency; the chief administrator of or person operating any child day-care center, type A family day-care home, or type B family day-care home licensed or certified under Chapter 5104. of the Revised Code; the administrator of any type C family day-care home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general assembly; the chief administrator of any head start agency; or the executive director of a public children services agency may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in any position after October 2, 1989, or any individual wishing to apply for employment with a board of education may request, with regard to the individual, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, the superintendent shall determine whether that information exists and, upon request of the person, board, or entity requesting information, also shall request from the federal bureau of investigation any criminal records it has pertaining to that individual. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date that the superintendent receives a request, the superintendent shall send to the board, entity, or person a report of any information that the superintendent determines exists, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the board, entity, or person a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(b) When a board of education is required to receive information under this section as a prerequisite to employment of an individual pursuant to section 3319.39 of the Revised Code, it may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by an individual applying for employment with the district in lieu of requesting that information itself. In such a case, the board shall accept the certified copy issued by the bureau in order to make a photocopy of it for that individual's employment application documents and shall return the certified copy to the individual. In a case of that nature, a district only shall accept a certified copy of records of that nature within one year after the date of their issuance by the bureau.
(3) The state board of education may request, with respect to any individual who has applied for employment after October 2, 1989, in any position with the state board or the department of education, any information that a school district board of education is authorized to request under division (F)(2) of this section, and the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.
(4) When the superintendent of the bureau receives a request for information under section 3319.291 of the Revised Code, the superintendent shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.
(5) When a recipient of a classroom reading improvement grant paid under section 3301.86 of the Revised Code requests, with respect to any individual who applies to participate in providing any program or service funded in whole or in part by the grant, the information that a school district board of education is authorized to request under division (F)(2)(a) of this section, the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2)(a) of this section.
(G) In addition to or in conjunction with any request that is required to be made under section 3701.881, 3712.09, 3721.121, or 3722.151 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an older adult, the chief administrator of a home health agency, hospice care program, home licensed under Chapter 3721. of the Revised Code, adult day-care program operated pursuant to rules adopted under section 3721.04 of the Revised Code, or adult care facility may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied after January 27, 1997, for employment in a position that does not involve providing direct care to an older adult, whether the bureau has any information gathered under division (A) of this section that pertains to that individual.
In addition to or in conjunction with any request that is required to be made under section 173.27 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing ombudsperson services to residents of long-term care facilities or recipients of community-based long-term care services, the state long-term care ombudsperson, ombudsperson's designee, or director of health may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing such ombudsperson services, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
In addition to or in conjunction with any request that is required to be made under section 173.394 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an individual, the chief administrator of a community-based long-term care agency may request that the superintendent investigate and determine, with respect to any individual who has applied for employment in a position that does not involve providing direct care, whether the bureau has any information gathered under division (A) of this section that pertains to that applicant.
On receipt of a request under this division, the superintendent shall determine whether that information exists and, on request of the individual requesting information, shall also request from the federal bureau of investigation any criminal records it has pertaining to the applicant. The superintendent or the superintendent's designee also may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. Within thirty days of the date a request is received, the superintendent shall send to the requester a report of any information determined to exist, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the requester a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.
(H) Information obtained by a government entity or person under this section is confidential and shall not be released or disseminated.
(I) The superintendent may charge a reasonable fee for providing information or criminal records under division (F)(2) or (G) of this section.
(J) As used in this section, "sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
Sec. 311.171. (A) As used in this section:
(1) "Federal poverty level" means the income level represented by the poverty guidelines as revised annually by the United States department of health and human services in accordance with section 673(2) of the "Omnibus Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.
(2) "Registration year" of an offender means one of the following:
(a) The twelve-month period beginning on the anniversary, occurring on or after January 1, 2004, of the date on which an offender's registration period began in accordance with section 2950.07 of the Revised Code;
(b) The twelve-month period beginning on the date on which an offender's registration period begins, on or after January 1, 2004, in accordance with section 2950.07 of the Revised Code.
(3) "Sexually oriented offense," "child-victim oriented offense," and "tier III sex offender/child-victim offender" have the same meanings as in section 2950.01 of the Revised Code.
(B) The sheriff may charge a fee each time a person does any of the following:
(1) Registers under section 2950.04 or 2950.041 of the Revised Code;
(2) Registers a new residence address under section 2950.05 of the Revised Code;
(3) Verifies a current residence address under section 2950.06 of the Revised Code.
(C) If the sheriff charges one or more fees provided for in division (B) of this section, all of the following apply:
(1) The sheriff shall not require the payment of any fee from a delinquent child until the delinquent child reaches eighteen years of age. When a delinquent child reaches eighteen years of age and the sheriff charges a fee to the delinquent child, the provisions of this section applicable to "offenders" shall be construed to apply to the delinquent child.
(2) For an offender who has been adjudicated
a sexual
predator or child-victim predator or who has a duty to register as
a result of committing an aggravated sexually oriented offense is
a tier III sex offender/child-victim offender, the fees may not
exceed a total of one hundred dollars
for each registration year.
(3) For an offender who has been determined to
be a habitual
sexual offender or a habitual child-victim offender, who is not
described in division (C)(2) of this section, and for whom the
sentencing judge has required
community notification, the fees may
not exceed a total of fifty dollars for
each registration year.
(4) For an offender who has been convicted of or pleaded
guilty to a sexually oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
offense and who is not described in division (C)(2) or (3) of this
section, the fees may not exceed a total of twenty-five dollars
for each registration year.
(5)(4) An offender who is required to pay a fee shall retain
the receipts received under section 325.28 of the Revised Code for
payments made during the offender's registration year to establish
that the payment of any fee will exceed the maximum annual amount
permissible under this division.
(6)(5) The sheriff shall not refuse to register a person,
register a new residence address of a person, or verify the
current residence address of a person, who does not pay a fee the
sheriff
requires under this section.
(7)(6) The sheriff shall report unpaid fees in accordance
with
division (C) of section 325.31 of the Revised Code, and the
county may recover those fees in a civil action in the same manner
as other money due
the county.
(D) Each time a person appears before the sheriff to provide any registration or verification specified in division (B) of this section for which the sheriff charges a fee, the sheriff shall determine whether the person is able to pay the fee. In making that determination, the sheriff shall determine whether the person's income is less than one hundred twenty-five per cent of the federal poverty level. A person whose income is equal to or greater than one hundred twenty-five per cent of the federal poverty level shall be considered able to pay the fee.
(E) If a sheriff determines a person's income is less than one hundred twenty-five per cent of the federal poverty level, the sheriff shall waive payment of the fee. If the sheriff determines a person's income is equal to or greater than one hundred twenty-five per cent of the federal poverty level, the sheriff may allow the person to pay the fee in accordance with a payment schedule the sheriff establishes based on the person's ability to pay. The sheriff shall document any waiver or alternative fee arrangement in the official registration records of the sheriff's office and shall provide the offender with a written copy of any waiver or alternative fee arrangement.
(F) All fees paid to a sheriff under this section shall be paid into the county treasury to the credit of the county general fund and shall be allocated to the sheriff to be used to defray the costs of registering sex offenders and child-victim offenders and providing community notification under Chapter 2950. of the Revised Code.
(G) If an offender has registered with a sheriff and subsequently relocates to a different county during a registration year, the annual maximum amounts set forth in division (C) of this section shall apply to the sheriff in the new county, and that sheriff shall consider any payments already made by the offender for purposes of determining when the applicable maximum has been met for the offender's registration year.
Sec. 1923.01. (A) As provided in this chapter, any judge of a county or municipal court or a court of common pleas, within the judge's proper area of jurisdiction, may inquire about persons who make unlawful and forcible entry into lands or tenements and detain them, and about persons who make a lawful and peaceable entry into lands or tenements and hold them unlawfully and by force. If, upon the inquiry, it is found that an unlawful and forcible entry has been made and the lands or tenements are detained, or that, after a lawful entry, lands or tenements are held unlawfully and by force, a judge shall cause the plaintiff in an action under this chapter to have restitution of the lands or tenements.
(B) An action shall be brought under this chapter within two years after the cause of action accrues.
(C) As used in this chapter:
(1) "Tenant" means a person who is entitled under a rental agreement to the use or occupancy of premises, other than premises located in a manufactured home park, to the exclusion of others.
(2) "Landlord" means the owner, lessor, or sublessor of premises, or the agent or person the landlord authorizes to manage premises or to receive rent from a tenant under a rental agreement, except, if required by the facts of the action to which the term is applied, "landlord" means a park operator.
(3) "Park operator," "manufactured home," "mobile home," "manufactured home park," and "resident" have the same meanings as in section 3733.01 of the Revised Code.
(4) "Residential premises" has the same meaning as in section 5321.01 of the Revised Code, except, if required by the facts of the action to which the term is applied, "residential premises" has the same meaning as in section 3733.01 of the Revised Code.
(5) "Rental agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or other provisions concerning the use or occupancy of premises by one of the parties to the agreement or lease, except that "rental agreement," as used in division (A)(13) of section 1923.02 of the Revised Code and where the context requires as used in this chapter, means a rental agreement as defined in division (D) of section 5322.01 of the Revised Code.
(6) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code.
(7) "School premises" has the same meaning as in section 2925.01 of the Revised Code.
(8) "Sexually oriented offense" and "child-victim oriented offense" have the same meanings as in section 2950.01 of the Revised Code.
(9) "Recreational vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(10) "Preschool or child day-care center premises" has the same meaning as in section 2950.034 of the Revised Code.
Sec. 1923.02. (A) Proceedings under this chapter may be had as follows:
(1) Against tenants or manufactured home park residents holding over their terms;
(2) Against tenants or manufactured home park residents in possession under an oral tenancy, who are in default in the payment of rent as provided in division (B) of this section;
(3) In sales of real estate, on executions, orders, or other judicial process, when the judgment debtor was in possession at the time of the rendition of the judgment or decree, by virtue of which the sale was made;
(4) In sales by executors, administrators, or guardians, and on partition, when any of the parties to the complaint were in possession at the commencement of the action, after the sales, so made on execution or otherwise, have been examined by the proper court and adjudged legal;
(5) When the defendant is an occupier of lands or tenements, without color of title, and the complainant has the right of possession to them;
(6) In any other case of the unlawful and forcible detention of lands or tenements. For purposes of this division, in addition to any other type of unlawful and forcible detention of lands or tenements, such a detention may be determined to exist when both of the following apply:
(a) A tenant fails to vacate residential premises within three days after both of the following occur:
(i) The tenant's landlord has actual knowledge of or has reasonable cause to believe that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation of Chapter 2925. or 3719. of the Revised Code, or of a municipal ordinance that is substantially similar to any section in either of those chapters, which involves a controlled substance and which occurred in, is occurring in, or otherwise was or is connected with the premises, whether or not the tenant or other person has been charged with, has pleaded guilty to or been convicted of, or has been determined to be a delinquent child for an act that, if committed by an adult, would be a violation as described in this division. For purposes of this division, a landlord has "actual knowledge of or has reasonable cause to believe" that a tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in this division if a search warrant was issued pursuant to Criminal Rule 41 or Chapter 2933. of the Revised Code; the affidavit presented to obtain the warrant named or described the tenant or person as the individual to be searched and particularly described the tenant's premises as the place to be searched, named or described one or more controlled substances to be searched for and seized, stated substantially the offense under Chapter 2925. or 3719. of the Revised Code or the substantially similar municipal ordinance that occurred in, is occurring in, or otherwise was or is connected with the tenant's premises, and states the factual basis for the affiant's belief that the controlled substances are located on the tenant's premises; the warrant was properly executed by a law enforcement officer and any controlled substance described in the affidavit was found by that officer during the search and seizure; and, subsequent to the search and seizure, the landlord was informed by that or another law enforcement officer of the fact that the tenant or person has or presently is engaged in a violation as described in this division and it occurred in, is occurring in, or otherwise was or is connected with the tenant's premises.
(ii) The landlord gives the tenant the notice required by division (C) of section 5321.17 of the Revised Code.
(b) The court determines, by a preponderance of the evidence, that the tenant, any person in the tenant's household, or any person on the premises with the consent of the tenant previously has or presently is engaged in a violation as described in division (A)(6)(a)(i) of this section.
(7) In cases arising out of Chapter 5313. of the Revised Code. In those cases, the court has the authority to declare a forfeiture of the vendee's rights under a land installment contract and to grant any other claims arising out of the contract.
(8) Against tenants who have breached an obligation that is imposed by section 5321.05 of the Revised Code, other than the obligation specified in division (A)(9) of that section, and that materially affects health and safety. Prior to the commencement of an action under this division, notice shall be given to the tenant and compliance secured with section 5321.11 of the Revised Code.
(9) Against tenants who have breached an obligation imposed upon them by a written rental agreement;
(10) Against manufactured home park residents who have defaulted in the payment of rent or breached the terms of a rental agreement with a manufactured home park operator. Nothing in this division precludes the commencement of an action under division (A)(12) of this section when the additional circumstances described in that division apply.
(11) Against manufactured home park residents who have committed two material violations of the rules of the manufactured home park, of the public health council, or of applicable state and local health and safety codes and who have been notified of the violations in compliance with section 3733.13 of the Revised Code;
(12) Against a manufactured home park resident, or the estate of a manufactured home park resident, who has been absent from the manufactured home park for a period of thirty consecutive days prior to the commencement of an action under this division and whose manufactured home or mobile home, or recreational vehicle that is parked in the manufactured home park, has been left unoccupied for that thirty-day period, without notice to the park operator and without payment of rent due under the rental agreement with the park operator;
(13) Against occupants of self-service storage facilities, as defined in division (A) of section 5322.01 of the Revised Code, who have breached the terms of a rental agreement or violated section 5322.04 of the Revised Code;
(14) Against any resident or occupant who, pursuant to a rental agreement, resides in or occupies residential premises located within one thousand feet of any school premises or preschool or child day-care center premises and to whom both of the following apply:
(a) The resident's or occupant's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that the
resident or occupant was convicted of
or pleaded guilty to either a
sexually oriented
offense that is
not a registration-exempt sexually oriented offense or a
child-victim oriented offense in a criminal prosecution and was
not
sentenced to a
serious youthful offender dispositional
sentence
for that offense.
(15) Against any tenant who permits any person to occupy residential premises located within one thousand feet of any school premises or preschool or child day-care center premises if both of the following apply to the person:
(a) The person's name appears on the state registry of sex offenders and child-victim offenders maintained under section 2950.13 of the Revised Code.
(b) The state registry of sex offenders and child-victim
offenders indicates that
the person was convicted of or pleaded
guilty to either a sexually
oriented offense that is not a
registration-exempt sexually oriented offense or a child-victim
oriented offense in a criminal prosecution and was not sentenced
to a serious youthful offender dispositional sentence for that
offense.
(B) If a tenant or manufactured home park resident holding under an oral tenancy is in default in the payment of rent, the tenant or resident forfeits the right of occupancy, and the landlord may, at the landlord's option, terminate the tenancy by notifying the tenant or resident, as provided in section 1923.04 of the Revised Code, to leave the premises, for the restitution of which an action may then be brought under this chapter.
(C)(1) If a tenant or any other person with the tenant's permission resides in or occupies residential premises that are located within one thousand feet of any school premises and is a resident or occupant of the type described in division (A)(14) of this section or a person of the type described in division (A)(15) of this section, the landlord for those residential premises, upon discovery that the tenant or other person is a resident, occupant, or person of that nature, may terminate the rental agreement or tenancy for those residential premises by notifying the tenant and all other occupants, as provided in section 1923.04 of the Revised Code, to leave the premises.
(2) If a landlord is authorized to terminate a rental agreement or tenancy pursuant to division (C)(1) of this section but does not so terminate the rental agreement or tenancy, the landlord is not liable in a tort or other civil action in damages for any injury, death, or loss to person or property that allegedly result from that decision.
(D) This chapter does not apply to a student tenant as defined by division (H) of section 5321.01 of the Revised Code when the college or university proceeds to terminate a rental agreement pursuant to section 5321.031 of the Revised Code.
Sec. 2151.23. (A) The juvenile court has exclusive original jurisdiction under the Revised Code as follows:
(1) Concerning any child who on or about the date specified in the complaint, indictment, or information is alleged to have violated section 2151.87 of the Revised Code or an order issued under that section or to be a juvenile traffic offender or a delinquent, unruly, abused, neglected, or dependent child and, based on and in relation to the allegation pertaining to the child, concerning the parent, guardian, or other person having care of a child who is alleged to be an unruly or delinquent child for being an habitual or chronic truant;
(2) Subject to divisions (G) and (V) of section 2301.03 of the Revised Code, to determine the custody of any child not a ward of another court of this state;
(3) To hear and determine any application for a writ of habeas corpus involving the custody of a child;
(4) To exercise the powers and jurisdiction given the probate division of the court of common pleas in Chapter 5122. of the Revised Code, if the court has probable cause to believe that a child otherwise within the jurisdiction of the court is a mentally ill person subject to hospitalization by court order, as defined in section 5122.01 of the Revised Code;
(5) To hear and determine all criminal cases charging adults with the violation of any section of this chapter;
(6) To hear and determine all criminal cases in which an adult is charged with a violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, section 2919.222, division (B) of section 2919.23, or section 2919.24 of the Revised Code, provided the charge is not included in an indictment that also charges the alleged adult offender with the commission of a felony arising out of the same actions that are the basis of the alleged violation of division (C) of section 2919.21, division (B)(1) of section 2919.22, section 2919.222, division (B) of section 2919.23, or section 2919.24 of the Revised Code;
(7) Under the interstate compact on juveniles in section 2151.56 of the Revised Code;
(8) Concerning any child who is to be taken into custody pursuant to section 2151.31 of the Revised Code, upon being notified of the intent to take the child into custody and the reasons for taking the child into custody;
(9) To hear and determine requests for the extension of temporary custody agreements, and requests for court approval of permanent custody agreements, that are filed pursuant to section 5103.15 of the Revised Code;
(10) To hear and determine applications for consent to marry pursuant to section 3101.04 of the Revised Code;
(11) Subject to divisions (G) and (V) of section 2301.03 of the Revised Code, to hear and determine a request for an order for the support of any child if the request is not ancillary to an action for divorce, dissolution of marriage, annulment, or legal separation, a criminal or civil action involving an allegation of domestic violence, or an action for support brought under Chapter 3115. of the Revised Code;
(12) Concerning an action commenced under section 121.38 of the Revised Code;
(13) To hear and determine violations of section 3321.38 of the Revised Code;
(14) To exercise jurisdiction and authority over the parent, guardian, or other person having care of a child alleged to be a delinquent child, unruly child, or juvenile traffic offender, based on and in relation to the allegation pertaining to the child;
(15) To conduct the hearings, and to make the determinations,
adjudications, and orders authorized or required under sections
2152.82 to 2152.85 2152.86 and Chapter 2950. of the Revised Code
regarding
a
child who has been adjudicated a delinquent child and
to refer
the duties conferred upon the juvenile court judge under
sections
2152.82 to 2152.85 2152.86 and Chapter 2950. of the
Revised Code to
magistrates appointed by the juvenile court judge
in accordance
with Juvenile Rule 40.
(B) Except as provided in divisions (G) and (I) of section 2301.03 of the Revised Code, the juvenile court has original jurisdiction under the Revised Code:
(1) To hear and determine all cases of misdemeanors charging adults with any act or omission with respect to any child, which act or omission is a violation of any state law or any municipal ordinance;
(2) To determine the paternity of any child alleged to have been born out of wedlock pursuant to sections 3111.01 to 3111.18 of the Revised Code;
(3) Under the uniform interstate family support act in Chapter 3115. of the Revised Code;
(4) To hear and determine an application for an order for the support of any child, if the child is not a ward of another court of this state;
(5) To hear and determine an action commenced under section 3111.28 of the Revised Code;
(6) To hear and determine a motion filed under section 3119.961 of the Revised Code;
(7) To receive filings under section 3109.74 of the Revised Code, and to hear and determine actions arising under sections 3109.51 to 3109.80 of the Revised Code.
(8) To enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction pursuant to section 3127.32 of the Revised Code;
(9) To grant any relief normally available under the laws of this state to enforce a child custody determination made by a court of another state and registered in accordance with section 3127.35 of the Revised Code.
(C) The juvenile court, except as to juvenile courts that are a separate division of the court of common pleas or a separate and independent juvenile court, has jurisdiction to hear, determine, and make a record of any action for divorce or legal separation that involves the custody or care of children and that is filed in the court of common pleas and certified by the court of common pleas with all the papers filed in the action to the juvenile court for trial, provided that no certification of that nature shall be made to any juvenile court unless the consent of the juvenile judge first is obtained. After a certification of that nature is made and consent is obtained, the juvenile court shall proceed as if the action originally had been begun in that court, except as to awards for spousal support or support due and unpaid at the time of certification, over which the juvenile court has no jurisdiction.
(D) The juvenile court, except as provided in divisions (G) and (I) of section 2301.03 of the Revised Code, has jurisdiction to hear and determine all matters as to custody and support of children duly certified by the court of common pleas to the juvenile court after a divorce decree has been granted, including jurisdiction to modify the judgment and decree of the court of common pleas as the same relate to the custody and support of children.
(E) The juvenile court, except as provided in divisions (G) and (I) of section 2301.03 of the Revised Code, has jurisdiction to hear and determine the case of any child certified to the court by any court of competent jurisdiction if the child comes within the jurisdiction of the juvenile court as defined by this section.
(F)(1) The juvenile court shall exercise its jurisdiction in child custody matters in accordance with sections 3109.04, 3127.01 to 3127.53, and 5103.20 to 5103.22 of the Revised Code.
(2) The juvenile court shall exercise its jurisdiction in child support matters in accordance with section 3109.05 of the Revised Code.
(G) Any juvenile court that makes or modifies an order for child support shall comply with Chapters 3119., 3121., 3123., and 3125. of the Revised Code. If any person required to pay child support under an order made by a juvenile court on or after April 15, 1985, or modified on or after December 1, 1986, is found in contempt of court for failure to make support payments under the order, the court that makes the finding, in addition to any other penalty or remedy imposed, shall assess all court costs arising out of the contempt proceeding against the person and require the person to pay any reasonable attorney's fees of any adverse party, as determined by the court, that arose in relation to the act of contempt.
(H) If a child who is charged with an act that would be an offense if committed by an adult was fourteen years of age or older and under eighteen years of age at the time of the alleged act and if the case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code, the juvenile court does not have jurisdiction to hear or determine the case subsequent to the transfer. The court to which the case is transferred for criminal prosecution pursuant to that section has jurisdiction subsequent to the transfer to hear and determine the case in the same manner as if the case originally had been commenced in that court, including, but not limited to, jurisdiction to accept a plea of guilty or another plea authorized by Criminal Rule 11 or another section of the Revised Code and jurisdiction to accept a verdict and to enter a judgment of conviction pursuant to the Rules of Criminal Procedure against the child for the commission of the offense that was the basis of the transfer of the case for criminal prosecution, whether the conviction is for the same degree or a lesser degree of the offense charged, for the commission of a lesser-included offense, or for the commission of another offense that is different from the offense charged.
(I) If a person under eighteen years of age allegedly commits an act that would be a felony if committed by an adult and if the person is not taken into custody or apprehended for that act until after the person attains twenty-one years of age, the juvenile court does not have jurisdiction to hear or determine any portion of the case charging the person with committing that act. In those circumstances, divisions (A) and (B) of section 2152.12 of the Revised Code do not apply regarding the act, and the case charging the person with committing the act shall be a criminal prosecution commenced and heard in the appropriate court having jurisdiction of the offense as if the person had been eighteen years of age or older when the person committed the act. All proceedings pertaining to the act shall be within the jurisdiction of the court having jurisdiction of the offense, and that court has all the authority and duties in the case that it has in other criminal cases in that court.
Sec. 2151.357. (A) If the court orders the records of a person sealed pursuant to section 2151.356 of the Revised Code, the person who is subject of the order properly may, and the court shall, reply that no record exists with respect to the person upon any inquiry in the matter, and the court, except as provided in division (D) of this section, shall do all of the following:
(1) Order that the proceedings in a case described in divisions (B) and (C) of section 2151.356 of the Revised Code be deemed never to have occurred;
(2) Except as provided in division (C) of this section, delete all index references to the case and the person so that the references are permanently irretrievable;
(3) Order that all original records of the case maintained by any public office or agency, except fingerprints held by a law enforcement agency, DNA specimens collected pursuant to section 2152.74 of the Revised Code, and DNA records derived from DNA specimens pursuant to section 109.573 of the Revised Code, be delivered to the court;
(4) Order each public office or agency, upon the delivering of records to the court under division (A)(3) of this section, to expunge remaining records of the case that are the subject of the sealing order that are maintained by that public office or agency, except fingerprints, DNA specimens, and DNA records described under division (A)(3) of this section;
(5) Send notice of the order to seal to any public office or agency that the court has reason to believe may have a record of the sealed record;
(6) Seal all of the records delivered to the court under division (A)(3) of this section, in a separate file in which only sealed records are maintained.
(B) Except as provided in division (D) of this section, an order to seal under section 2151.356 of the Revised Code applies to every public office or agency that has a record relating to the case, regardless of whether it receives notice of the hearing on the sealing of the record or a copy of the order. Except as provided in division (D) of this section, upon the written request of a person whose record has been sealed and the presentation of a copy of the order and compliance with division (A)(3) of this section, a public office or agency shall expunge its record relating to the case, except a record of the adjudication or arrest or taking into custody that is maintained for compiling statistical data and that does not contain any reference to the person who is the subject of the order.
(C) The court that maintains sealed records pursuant to this section may maintain a manual or computerized index of the sealed records and shall make the index available only for the purposes set forth in division (E) of this section.
(1) Each entry regarding a sealed record in the index of sealed records shall contain all of the following:
(a) The name of the person who is the subject of the sealed record;
(b) An alphanumeric identifier relating to the person who is the subject of the sealed record;
(c) The word "sealed";
(d) The name of the court that has custody of the sealed record.
(2) Any entry regarding a sealed record in the index of sealed records shall not contain either of the following:
(a) The social security number of the person who is subject of the sealed record;
(b) The name or a description of the act committed.
(D) Notwithstanding any provision of this section that requires otherwise, a board of education of a city, local, exempted village, or joint vocational school district that maintains records of an individual who has been permanently excluded under sections 3301.121 and 3313.662 of the Revised Code is permitted to maintain records regarding an adjudication that the individual is a delinquent child that was used as the basis for the individual's permanent exclusion, regardless of a court order to seal the record. An order issued under section 2151.356 of the Revised Code to seal the record of an adjudication that an individual is a delinquent child does not revoke the adjudication order of the superintendent of public instruction to permanently exclude the individual who is the subject of the sealing order. An order to seal the record of an adjudication that an individual is a delinquent child may be presented to a district superintendent as evidence to support the contention that the superintendent should recommend that the permanent exclusion of the individual who is the subject of the sealing order be revoked. Except as otherwise authorized by this division and sections 3301.121 and 3313.662 of the Revised Code, any school employee in possession of or having access to the sealed adjudication records of an individual that were the basis of a permanent exclusion of the individual is subject to division (F) of this section.
(E) Inspection of records that have been ordered sealed under section 2151.356 of the Revised Code may be made only by the following persons or for the following purposes:
(1) By the court;
(2) If the records in question pertain to an act that would be an offense of violence that would be a felony if committed by an adult, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for any valid law enforcement or prosecutorial purpose;
(3) Upon application by the person who is the subject of the sealed records, by the person that is named in that application;
(4) If the records in question pertain to an alleged violation of division (E)(1) of section 4301.69 of the Revised Code, by any law enforcement officer or any prosecutor, or the assistants of a law enforcement officer or prosecutor, for the purpose of determining whether the person is eligible for diversion under division (E)(2) of section 4301.69 of the Revised Code;
(5) At the request of a party in a civil action that is based on a case the records for which are the subject of a sealing order issued under section 2151.356 of the Revised Code, as needed for the civil action. The party also may copy the records as needed for the civil action. The sealed records shall be used solely in the civil action and are otherwise confidential and subject to the provisions of this section;
(6) By the attorney general or an authorized employee of the attorney general or the court for purposes of determining whether a child is a public registry-qualified juvenile offender registrant, as defined in section 2950.01 of the Revised Code, for purposes of Chapter 2950. of the Revised Code.
(F) No officer or employee of the state or any of its political subdivisions shall knowingly release, disseminate, or make available for any purpose involving employment, bonding, licensing, or education to any person or to any department, agency, or other instrumentality of the state or of any of its political subdivisions any information or other data concerning any arrest, taking into custody, complaint, indictment, information, trial, hearing, adjudication, or correctional supervision, the records of which have been sealed pursuant to section 2151.356 of the Revised Code and the release, dissemination, or making available of which is not expressly permitted by this section. Whoever violates this division is guilty of divulging confidential information, a misdemeanor of the fourth degree.
(G) In any application for employment, license, or other right or privilege, any appearance as a witness, or any other inquiry, a person may not be questioned with respect to any arrest or taking into custody for which the records were sealed. If an inquiry is made in violation of this division, the person may respond as if the sealed arrest or taking into custody did not occur, and the person shall not be subject to any adverse action because of the arrest or taking into custody or the response.
(H) The judgment rendered by the court under this chapter shall not impose any of the civil disabilities ordinarily imposed by conviction of a crime in that the child is not a criminal by reason of the adjudication, and no child shall be charged with or convicted of a crime in any court except as provided by this chapter. The disposition of a child under the judgment rendered or any evidence given in court shall not operate to disqualify a child in any future civil service examination, appointment, or application. Evidence of a judgment rendered and the disposition of a child under the judgment is not admissible to impeach the credibility of the child in any action or proceeding. Otherwise, the disposition of a child under the judgment rendered or any evidence given in court is admissible as evidence for or against the child in any action or proceeding in any court in accordance with the Rules of Evidence and also may be considered by any court as to the matter of sentence or to the granting of probation, and a court may consider the judgment rendered and the disposition of a child under that judgment for purposes of determining whether the child, for a future criminal conviction or guilty plea, is a repeat violent offender, as defined in section 2929.01 of the Revised Code.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a complaint, indictment, or information alleging that a child is a delinquent child.
(B) "Admitted to a department of youth services facility" includes admission to a facility operated, or contracted for, by the department and admission to a comparable facility outside this state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of age, except as otherwise provided in divisions (C)(2) to (6) of this section.
(2) Subject to division (C)(3) of this section, any person who violates a federal or state law or a municipal ordinance prior to attaining eighteen years of age shall be deemed a "child" irrespective of that person's age at the time the complaint with respect to that violation is filed or the hearing on the complaint is held.
(3) Any person who, while under eighteen years of age, commits an act that would be a felony if committed by an adult and who is not taken into custody or apprehended for that act until after the person attains twenty-one years of age is not a child in relation to that act.
(4) Any person whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code shall be deemed after the transfer not to be a child in the transferred case.
(5) Any person whose case is transferred for criminal prosecution pursuant to section 2152.12 of the Revised Code and who subsequently is convicted of or pleads guilty to a felony in that case, and any person who is adjudicated a delinquent child for the commission of an act, who has a serious youthful offender dispositional sentence imposed for the act pursuant to section 2152.13 of the Revised Code, and whose adult portion of the dispositional sentence is invoked pursuant to section 2152.14 of the Revised Code, shall be deemed after the transfer or invocation not to be a child in any case in which a complaint is filed against the person.
(6) The juvenile court has jurisdiction over a person who is adjudicated a delinquent child or juvenile traffic offender prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, except as otherwise provided in this division, a person who is so adjudicated a delinquent child or juvenile traffic offender shall be deemed a "child" until the person attains twenty-one years of age. If a person is so adjudicated a delinquent child or juvenile traffic offender and the court makes a disposition of the person under this chapter, at any time after the person attains eighteen years of age, the places at which the person may be held under that disposition are not limited to places authorized under this chapter solely for confinement of children, and the person may be confined under that disposition, in accordance with division (F)(2) of section 2152.26 of the Revised Code, in places other than those authorized under this chapter solely for confinement of children.
(D) "Chronic truant" means any child of compulsory school age who is absent without legitimate excuse for absence from the public school the child is supposed to attend for seven or more consecutive school days, ten or more school days in one school month, or fifteen or more school days in a school year.
(E) "Community corrections facility," "public safety beds," "release authority," and "supervised release" have the same meanings as in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who violates any law of this state or the United States, or any ordinance of a political subdivision of the state, that would be an offense if committed by an adult;
(2) Any child who violates any lawful order of the court made under this chapter or under Chapter 2151. of the Revised Code other than an order issued under section 2151.87 of the Revised Code;
(3) Any child who violates division (C) of section 2907.39
or, division (A) of section 2923.211, or division (C)(1) or (D) of
section 2925.55
of the Revised Code;
(4) Any child who is a habitual truant and who previously has been adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful offender" means a person who is eligible for a discretionary SYO and who is not transferred to adult court under a mandatory or discretionary transfer.
(H) "Discretionary SYO" means a case in which the juvenile court, in the juvenile court's discretion, may impose a serious youthful offender disposition under section 2152.13 of the Revised Code.
(I) "Discretionary transfer" means that the juvenile court has discretion to transfer a case for criminal prosecution under division (B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and "minor drug possession offense" have the same meanings as in section 2925.01 of the Revised Code.
(K) "Electronic monitoring" and "electronic monitoring device" have the same meanings as in section 2929.01 of the Revised Code.
(L) "Economic loss" means any economic detriment suffered by a victim of a delinquent act or juvenile traffic offense as a direct and proximate result of the delinquent act or juvenile traffic offense and includes any loss of income due to lost time at work because of any injury caused to the victim and any property loss, medical cost, or funeral expense incurred as a result of the delinquent act or juvenile traffic offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages.
(M) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(N) "Juvenile traffic offender" means any child who violates any traffic law, traffic ordinance, or traffic regulation of this state, the United States, or any political subdivision of this state, other than a resolution, ordinance, or regulation of a political subdivision of this state the violation of which is required to be handled by a parking violations bureau or a joint parking violations bureau pursuant to Chapter 4521. of the Revised Code.
(O) A "legitimate excuse for absence from the public school the child is supposed to attend" has the same meaning as in section 2151.011 of the Revised Code.
(P) "Mandatory serious youthful offender" means a person who is eligible for a mandatory SYO and who is not transferred to adult court under a mandatory or discretionary transfer.
(Q) "Mandatory SYO" means a case in which the juvenile court is required to impose a mandatory serious youthful offender disposition under section 2152.13 of the Revised Code.
(R) "Mandatory transfer" means that a case is required to be transferred for criminal prosecution under division (A) of section 2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section 5122.01 of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in section 5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the same meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in section 3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section 149.43 of the Revised Code.
(X) "Serious youthful offender" means a person who is eligible for a mandatory SYO or discretionary SYO but who is not transferred to adult court under a mandatory or discretionary transfer.
(Y) "Sexually oriented offense,"
"habitual sex
offender,"
"juvenile offender registrant," "sexual
predator," "presumptive
registration-exempt sexually oriented offense,"
"registration-exempt sexually oriented offense," "child-victim
oriented offense," "habitual child-victim offender," and
"child-victim predator" "tier I sex offender/child-victim
offender," "tier II sex offender/child-victim offender," "tier III
sex offender/child-victim offender," and "public
registry-qualified juvenile offender registrant" have the
same
meanings as in
section 2950.01 of
the Revised Code.
(Z) "Traditional juvenile" means a case that is not transferred to adult court under a mandatory or discretionary transfer, that is eligible for a disposition under sections 2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and that is not eligible for a disposition under section 2152.13 of the Revised Code.
(AA) "Transfer" means the transfer for criminal prosecution of a case involving the alleged commission by a child of an act that would be an offense if committed by an adult from the juvenile court to the appropriate court that has jurisdiction of the offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised Code;
(2) A violation of section 2923.02 of the Revised Code involving an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02, 2909.02, 2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code that is a felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996.
(DD) "Non-economic loss" means nonpecuniary harm suffered by a victim of a delinquent act or juvenile traffic offense as a result of or related to the delinquent act or juvenile traffic offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss.
Sec. 2152.19. (A) If a child is adjudicated a delinquent child, the court may make any of the following orders of disposition, in addition to any other disposition authorized or required by this chapter:
(1) Any order that is authorized by section 2151.353 of the Revised Code for the care and protection of an abused, neglected, or dependent child;
(2) Commit the child to the temporary custody of any school, camp, institution, or other facility operated for the care of delinquent children by the county, by a district organized under section 2152.41 or 2151.65 of the Revised Code, or by a private agency or organization, within or without the state, that is authorized and qualified to provide the care, treatment, or placement required, including, but not limited to, a school, camp, or facility operated under section 2151.65 of the Revised Code;
(3) Place the child in a detention facility or district detention facility operated under section 2152.41 of the Revised Code, for up to ninety days;
(4) Place the child on community control under any sanctions, services, and conditions that the court prescribes. As a condition of community control in every case and in addition to any other condition that it imposes upon the child, the court shall require the child to abide by the law during the period of community control. As referred to in this division, community control includes, but is not limited to, the following sanctions and conditions:
(a) A period of basic probation supervision in which the child is required to maintain contact with a person appointed to supervise the child in accordance with sanctions imposed by the court;
(b) A period of intensive probation supervision in which the child is required to maintain frequent contact with a person appointed by the court to supervise the child while the child is seeking or maintaining employment and participating in training, education, and treatment programs as the order of disposition;
(c) A period of day reporting in which the child is required each day to report to and leave a center or another approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center;
(d) A period of community service of up to five hundred hours for an act that would be a felony or a misdemeanor of the first degree if committed by an adult, up to two hundred hours for an act that would be a misdemeanor of the second, third, or fourth degree if committed by an adult, or up to thirty hours for an act that would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school diploma, a certificate of high school equivalence, vocational training, or employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or counseling, or a period in an alcohol or drug treatment program with a level of security for the child as determined necessary by the court;
(h) A period in which the court orders the child to observe a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest without electronic monitoring or continuous alcohol monitoring;
(k) A period of electronic monitoring or continuous alcohol monitoring without house arrest, or house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, that does not exceed the maximum sentence of imprisonment that could be imposed upon an adult who commits the same act.
A period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, imposed under this division shall not extend beyond the child's twenty-first birthday. If a court imposes a period of house arrest with electronic monitoring or continuous alcohol monitoring or both electronic monitoring and continuous alcohol monitoring, upon a child under this division, it shall require the child: to remain in the child's home or other specified premises for the entire period of house arrest with electronic monitoring or continuous alcohol monitoring or both except when the court permits the child to leave those premises to go to school or to other specified premises. Regarding electronic monitoring, the court also shall require the child to be monitored by a central system that can determine the child's location at designated times; to report periodically to a person designated by the court; and to enter into a written contract with the court agreeing to comply with all requirements imposed by the court, agreeing to pay any fee imposed by the court for the costs of the house arrest with electronic monitoring, and agreeing to waive the right to receive credit for any time served on house arrest with electronic monitoring toward the period of any other dispositional order imposed upon the child if the child violates any of the requirements of the dispositional order of house arrest with electronic monitoring. The court also may impose other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit for any time served on house arrest with electronic monitoring or continuous alcohol monitoring or both toward any other dispositional order imposed upon the child for the act for which was imposed the dispositional order of house arrest with electronic monitoring or continuous alcohol monitoring. As used in this division and division (A)(4)(l) of this section, "continuous alcohol monitoring" has the same meaning as in section 2929.01 of the Revised Code.
(l) A suspension of the driver's license, probationary driver's license, or temporary instruction permit issued to the child for a period of time prescribed by the court, or a suspension of the registration of all motor vehicles registered in the name of the child for a period of time prescribed by the court. A child whose license or permit is so suspended is ineligible for issuance of a license or permit during the period of suspension. At the end of the period of suspension, the child shall not be reissued a license or permit until the child has paid any applicable reinstatement fee and complied with all requirements governing license reinstatement.
(5) Commit the child to the custody of the court;
(6) Require the child to not be absent without legitimate excuse from the public school the child is supposed to attend for five or more consecutive days, seven or more school days in one school month, or twelve or more school days in a school year;
(7)(a) If a child is adjudicated a delinquent child for being a chronic truant or a habitual truant who previously has been adjudicated an unruly child for being a habitual truant, do either or both of the following:
(i) Require the child to participate in a truancy prevention mediation program;
(ii) Make any order of disposition as authorized by this section, except that the court shall not commit the child to a facility described in division (A)(2) or (3) of this section unless the court determines that the child violated a lawful court order made pursuant to division (C)(1)(e) of section 2151.354 of the Revised Code or division (A)(6) of this section.
(b) If a child is adjudicated a delinquent child for being a chronic truant or a habitual truant who previously has been adjudicated an unruly child for being a habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, do either or both of the following:
(i) Require the parent, guardian, or other person having care of the child to participate in a truancy prevention mediation program;
(ii) Require the parent, guardian, or other person having care of the child to participate in any community service program, preferably a community service program that requires the involvement of the parent, guardian, or other person having care of the child in the school attended by the child.
(8) Make any further disposition that the court finds proper, except that the child shall not be placed in any of the following:
(a) A state correctional institution, a county, multicounty, or municipal jail or workhouse, or another place in which an adult convicted of a crime, under arrest, or charged with a crime is held;
(b) A community corrections facility, if the child would be covered by the definition of public safety beds for purposes of sections 5139.41 to 5139.43 of the Revised Code if the court exercised its authority to commit the child to the legal custody of the department of youth services for institutionalization or institutionalization in a secure facility pursuant to this chapter.
(B) If a child is adjudicated a delinquent child, in addition to any order of disposition made under division (A) of this section, the court, in the following situations and for the specified periods of time, shall suspend the child's temporary instruction permit, restricted license, probationary driver's license, or nonresident operating privilege, or suspend the child's ability to obtain such a permit:
(1) If the child is adjudicated a delinquent child for violating section 2923.122 of the Revised Code, impose a class four suspension of the child's license, permit, or privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or deny the child the issuance of a license or permit in accordance with division (F)(1) of section 2923.122 of the Revised Code.
(2) If the child is adjudicated a delinquent child for committing an act that if committed by an adult would be a drug abuse offense or for violating division (B) of section 2917.11 of the Revised Code, suspend the child's license, permit, or privilege for a period of time prescribed by the court. The court, in its discretion, may terminate the suspension if the child attends and satisfactorily completes a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court. During the time the child is attending a program described in this division, the court shall retain the child's temporary instruction permit, probationary driver's license, or driver's license, and the court shall return the permit or license if it terminates the suspension as described in this division.
(C) The court may establish a victim-offender mediation program in which victims and their offenders meet to discuss the offense and suggest possible restitution. If the court obtains the assent of the victim of the delinquent act committed by the child, the court may require the child to participate in the program.
(D)(1) If a child is adjudicated a delinquent child for committing an act that would be a felony if committed by an adult and if the child caused, attempted to cause, threatened to cause, or created a risk of physical harm to the victim of the act, the court, prior to issuing an order of disposition under this section, shall order the preparation of a victim impact statement by the probation department of the county in which the victim of the act resides, by the court's own probation department, or by a victim assistance program that is operated by the state, a county, a municipal corporation, or another governmental entity. The court shall consider the victim impact statement in determining the order of disposition to issue for the child.
(2) Each victim impact statement shall identify the victim of the act for which the child was adjudicated a delinquent child, itemize any economic loss suffered by the victim as a result of the act, identify any physical injury suffered by the victim as a result of the act and the seriousness and permanence of the injury, identify any change in the victim's personal welfare or familial relationships as a result of the act and any psychological impact experienced by the victim or the victim's family as a result of the act, and contain any other information related to the impact of the act upon the victim that the court requires.
(3) A victim impact statement shall be kept confidential and is not a public record. However, the court may furnish copies of the statement to the department of youth services if the delinquent child is committed to the department or to both the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney. The copy of a victim impact statement furnished by the court to the department pursuant to this section shall be kept confidential and is not a public record. If an officer is preparing pursuant to section 2947.06 or 2951.03 of the Revised Code or Criminal Rule 32.2 a presentence investigation report pertaining to a person, the court shall make available to the officer, for use in preparing the report, a copy of any victim impact statement regarding that person. The copies of a victim impact statement that are made available to the adjudicated delinquent child or the adjudicated delinquent child's counsel and the prosecuting attorney pursuant to this division shall be returned to the court by the person to whom they were made available immediately following the imposition of an order of disposition for the child under this chapter.
The copy of a victim impact statement that is made available pursuant to this division to an officer preparing a criminal presentence investigation report shall be returned to the court by the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local probation departments and victim assistance programs to develop a standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a chronic truant or a habitual truant who previously has been adjudicated an unruly child for being a habitual truant and the court determines that the parent, guardian, or other person having care of the child has failed to cause the child's attendance at school in violation of section 3321.38 of the Revised Code, in addition to any order of disposition it makes under this section, the court shall warn the parent, guardian, or other person having care of the child that any subsequent adjudication of the child as an unruly or delinquent child for being a habitual or chronic truant may result in a criminal charge against the parent, guardian, or other person having care of the child for a violation of division (C) of section 2919.21 or section 2919.24 of the Revised Code.
(F)(1) During the period of a delinquent child's community control granted under this section, authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may search, with or without a warrant, the person of the delinquent child, the place of residence of the delinquent child, and a motor vehicle, another item of tangible or intangible personal property, or other real property in which the delinquent child has a right, title, or interest or for which the delinquent child has the express or implied permission of a person with a right, title, or interest to use, occupy, or possess if the probation officers have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court that places a delinquent child on community control under this section shall provide the delinquent child with a written notice that informs the delinquent child that authorized probation officers who are engaged within the scope of their supervisory duties or responsibilities may conduct those types of searches during the period of community control if they have reasonable grounds to believe that the delinquent child is not abiding by the law or otherwise is not complying with the conditions of the delinquent child's community control. The court also shall provide the written notice described in division (E)(2) of this section to each parent, guardian, or custodian of the delinquent child who is described in that division.
(2) The court that places a child on community control under this section shall provide the child's parent, guardian, or other custodian with a written notice that informs them that authorized probation officers may conduct searches pursuant to division (E)(1) of this section. The notice shall specifically state that a permissible search might extend to a motor vehicle, another item of tangible or intangible personal property, or a place of residence or other real property in which a notified parent, guardian, or custodian has a right, title, or interest and that the parent, guardian, or custodian expressly or impliedly permits the child to use, occupy, or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense that is not a
registration-exempt sexually oriented offense or is a child-victim
oriented offense, the court in the order
of disposition
shall do
one of the following:
(1) Require that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code;
(2) Inform the person, organization, or entity that it is the preferred course of action in this state that the child be provided treatment as described in division (A)(2) of section 5139.13 of the Revised Code and encourage the person, organization, or entity to provide that treatment.
Sec. 2152.191. If a child is adjudicated a delinquent child
for committing a sexually oriented offense that is not a
registration-exempt sexually oriented offense or for committing a
child-victim oriented offense, if the child is
fourteen years of
age or older at the time of
committing the
offense,
and if the
child committed the offense on
or
after
January 1, 2002, both of
the following
apply:
(A) Sections 2152.82 to 2152.85 2152.86 and Chapter 2950. of
the
Revised Code apply to the child
and the adjudication.
(B) In addition to any order of disposition it makes of the
child under this chapter, the court may make any determination,
adjudication, or order authorized under sections 2152.82 to
2152.85 2152.86 and Chapter 2950. of the
Revised Code and shall
make any
determination, adjudication, or
order required under
those
sections and that chapter.
Sec. 2152.22. (A)
When a child is committed to the legal
custody
of the department of youth services under this chapter,
the juvenile court
relinquishes control with respect to the child
so committed, except as
provided in
divisions (B), (C), and (G) of
this section
or in sections 2152.82 to 2152.85 2152.86 of the
Revised
Code.
Subject to divisions (B) and (C) of this section,
sections
2151.353 and 2151.412 to 2151.421 of the Revised Code,
sections
2152.82 to 2152.85 2152.86 of the Revised Code,
and
any
other
provision of
law that specifies a different duration
for a
dispositional order,
all other dispositional orders made by
the
court under
this
chapter shall be
temporary and
shall continue
for
a period that is
designated by the court in its
order, until
terminated or modified
by the court or until
the child attains
twenty-one years of age.
The department shall not release the child from a department facility and as a result shall not discharge the child or order the child's release on supervised release prior to the expiration of the minimum period specified by the court in division (A)(1) of section 2152.16 of the Revised Code and any term of commitment imposed under section 2152.17 of the Revised Code or prior to the child's attainment of twenty-one years of age, except upon the order of a court pursuant to division (B) or (C) of this section or in accordance with section 5139.54 of the Revised Code.
(B)(1) The court that commits a delinquent child to the department may grant judicial release of the child to court supervision under this division during the first half of the prescribed minimum term for which the child was committed to the department or, if the child was committed to the department until the child attains twenty-one years of age, during the first half of the prescribed period of commitment that begins on the first day of commitment and ends on the child's twenty-first birthday, provided any commitment imposed under division (A), (B), (C), or (D) of section 2152.17 of the Revised Code has ended.
(2) If the department of youth services desires to release a child during a period specified in division (B)(1) of this section, it shall request the court that committed the child to grant a judicial release of the child to court supervision. During whichever of those periods is applicable, the child or the parents of the child also may request that court to grant a judicial release of the child to court supervision. Upon receipt of a request for a judicial release to court supervision from the department, the child, or the child's parent, or upon its own motion, the court that committed the child shall do one of the following: approve the release by journal entry; schedule within thirty days after the request is received a time for a hearing on whether the child is to be released; or reject the request by journal entry without conducting a hearing.
If the court rejects an initial request for a release under this division by the child or the child's parent, the child or the child's parent may make one additional request for a judicial release to court supervision within the applicable period. The additional request may be made no earlier than thirty days after the filing of the prior request for a judicial release to court supervision. Upon the filing of a second request for a judicial release to court supervision, the court shall either approve or disapprove the release by journal entry or schedule within thirty days after the request is received a time for a hearing on whether the child is to be released.
(3) If a court schedules a hearing under division (B)(2) of this section, it may order the department to deliver the child to the court on the date set for the hearing and may order the department to present to the court a report on the child's progress in the institution to which the child was committed and recommendations for conditions of supervision of the child by the court after release. The court may conduct the hearing without the child being present. The court shall determine at the hearing whether the child should be granted a judicial release to court supervision.
If the court approves the release, it shall order its staff to prepare a written treatment and rehabilitation plan for the child that may include any conditions of the child's release that were recommended by the department and approved by the court. The committing court shall send the juvenile court of the county in which the child is placed a copy of the recommended plan. The court of the county in which the child is placed may adopt the recommended conditions set by the committing court as an order of the court and may add any additional consistent conditions it considers appropriate. If a child is granted a judicial release to court supervision, the release discharges the child from the custody of the department of youth services.
(C)(1) The court that commits a delinquent child to the department may grant judicial release of the child to department of youth services supervision under this division during the second half of the prescribed minimum term for which the child was committed to the department or, if the child was committed to the department until the child attains twenty-one years of age, during the second half of the prescribed period of commitment that begins on the first day of commitment and ends on the child's twenty-first birthday, provided any commitment imposed under division (A), (B), (C), or (D) of section 2152.17 of the Revised Code has ended.
(2) If the department of youth services desires to release a child during a period specified in division (C)(1) of this section, it shall request the court that committed the child to grant a judicial release to department of youth services supervision. During whichever of those periods is applicable, the child or the child's parent also may request the court that committed the child to grant a judicial release to department of youth services supervision. Upon receipt of a request for judicial release to department of youth services supervision, the child, or the child's parent, or upon its own motion at any time during that period, the court shall do one of the following: approve the release by journal entry; schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released; or reject the request by journal entry without conducting a hearing.
If the court rejects an initial request for release under this division by the child or the child's parent, the child or the child's parent may make one or more subsequent requests for a release within the applicable period, but may make no more than one request during each period of ninety days that the child is in a secure department facility after the filing of a prior request for early release. Upon the filing of a request for release under this division subsequent to an initial request, the court shall either approve or disapprove the release by journal entry or schedule a time within thirty days after receipt of the request for a hearing on whether the child is to be released.
(3) If a court schedules a hearing under division (C)(2) of this section, it may order the department to deliver the child to the court on the date set for the hearing and shall order the department to present to the court at that time a treatment plan for the child's post-institutional care. The court may conduct the hearing without the child being present. The court shall determine at the hearing whether the child should be granted a judicial release to department of youth services supervision.
If the court approves the judicial release to department of youth services supervision, the department shall prepare a written treatment and rehabilitation plan for the child pursuant to division (E) of this section that shall include the conditions of the child's release. It shall send the committing court and the juvenile court of the county in which the child is placed a copy of the plan. The court of the county in which the child is placed may adopt the conditions set by the department as an order of the court and may add any additional consistent conditions it considers appropriate, provided that the court may not add any condition that decreases the level or degree of supervision specified by the department in its plan, that substantially increases the financial burden of supervision that will be experienced by the department, or that alters the placement specified by the department in its plan. If the court of the county in which the child is placed adds to the department's plan any additional conditions, it shall enter those additional conditions in its journal and shall send to the department a copy of the journal entry of the additional conditions.
If the court approves the judicial release to department of youth services supervision, the actual date on which the department shall release the child is contingent upon the department finding a suitable placement for the child. If the child is to be returned to the child's home, the department shall return the child on the date that the court schedules for the child's release or shall bear the expense of any additional time that the child remains in a department facility. If the child is unable to return to the child's home, the department shall exercise reasonable diligence in finding a suitable placement for the child, and the child shall remain in a department facility while the department finds the suitable placement.
(D) If a child is released under division (B) or (C) of this section and the court of the county in which the child is placed has reason to believe that the child's deportment is not in accordance with the conditions of the child's judicial release, the court of the county in which the child is placed shall schedule a time for a hearing to determine whether the child violated any of the post-release conditions, and, if the child was released under division (C) of this section, divisions (A) to (E) of section 5139.52 of the Revised Code apply regarding the child.
If that court determines at the hearing that the child violated any of the post-release conditions, the court, if it determines that the violation was a serious violation, may order the child to be returned to the department for institutionalization, consistent with the original order of commitment of the child, or in any case may make any other disposition of the child authorized by law that the court considers proper. If the court of the county in which the child is placed orders the child to be returned to a department of youth services institution, the time during which the child was held in a secure department facility prior to the child's judicial release shall be considered as time served in fulfilling the prescribed period of institutionalization that is applicable to the child under the child's original order of commitment. If the court orders the child returned to a department institution, the child shall remain in institutional care for a minimum of three months or until the child successfully completes a revocation program of a duration of not less than thirty days operated either by the department or by an entity with which the department has contracted to provide a revocation program.
(E) The department of youth services, prior to the release of a child pursuant to division (C) of this section, shall do all of the following:
(1) After reviewing the child's rehabilitative progress history and medical and educational records, prepare a written treatment and rehabilitation plan for the child that includes conditions of the release;
(2) Completely discuss the conditions of the plan prepared pursuant to division (E)(1) of this section and the possible penalties for violation of the plan with the child and the child's parents, guardian, or legal custodian;
(3) Have the plan prepared pursuant to division (E)(1) of this section signed by the child, the child's parents, legal guardian, or custodian, and any authority or person that is to supervise, control, and provide supportive assistance to the child at the time of the child's release pursuant to division (C) of this section;
(4) Prior to the child's release, file a copy of the treatment plan prepared pursuant to division (E)(1) of this section with the committing court and the juvenile court of the county in which the child is to be placed.
(F) The department of youth services shall file a written progress report with the committing court regarding each child released pursuant to division (C) of this section at least once every thirty days unless specifically directed otherwise by the court. The report shall indicate the treatment and rehabilitative progress of the child and the child's family, if applicable, and shall include any suggestions for altering the program, custody, living arrangements, or treatment. The department shall retain legal custody of a child so released until it discharges the child or until the custody is terminated as otherwise provided by law.
(G) When a child is committed to the legal custody of the department of youth services, the court retains jurisdiction to perform the functions specified in section 5139.51 of the Revised Code with respect to the granting of supervised release by the release authority and to perform the functions specified in section 5139.52 of the Revised Code with respect to violations of the conditions of supervised release granted by the release authority and to the revocation of supervised release granted by the release authority.
Sec. 2152.821 2152.811. (A) As used in this section:
(1) "Mentally retarded person" and "developmentally disabled person" have the same meanings as in section 5123.01 of the Revised Code.
(2) "Mentally retarded or developmentally disabled victim" includes any of the following persons:
(a) A mentally retarded person or developmentally disabled person who was a victim of a violation identified in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult;
(b) A mentally retarded person or developmentally disabled person against whom was directed any conduct that constitutes, or that is an element of, a violation identified in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult.
(B)(1) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation of section 2903.16, 2903.34, 2903.341, 2907.02, 2907.03, 2907.05, 2907.21, 2907.23, 2907.24, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or act was a mentally retarded person or developmentally disabled person, the juvenile judge, upon motion of the prosecution, shall order that the testimony of the mentally retarded or developmentally disabled victim be taken by deposition. The prosecution also may request that the deposition be videotaped in accordance with division (B)(2) of this section. The judge shall notify the mentally retarded or developmentally disabled victim whose deposition is to be taken, the prosecution, and the attorney for the child who is charged with the violation or act of the date, time, and place for taking the deposition. The notice shall identify the mentally retarded or developmentally disabled victim who is to be examined and shall indicate whether a request that the deposition be videotaped has been made. The child who is charged with the violation or act shall have the right to attend the deposition and the right to be represented by counsel. Depositions shall be taken in the manner provided in civil cases, except that the judge in the proceeding shall preside at the taking of the deposition and shall rule at that time on any objections of the prosecution or the attorney for the child charged with the violation or act. The prosecution and the attorney for the child charged with the violation or act shall have the right, as at an adjudication hearing, to full examination and cross-examination of the mentally retarded or developmentally disabled victim whose deposition is to be taken.
If a deposition taken under this division is intended to be offered as evidence in the proceeding, it shall be filed in the juvenile court in which the action is pending and is admissible in the manner described in division (C) of this section. If a deposition of a mentally retarded or developmentally disabled victim taken under this division is admitted as evidence at the proceeding under division (C) of this section, the mentally retarded or developmentally disabled victim shall not be required to testify in person at the proceeding.
At any time before the conclusion of the proceeding, the attorney for the child charged with the violation or act may file a motion with the judge requesting that another deposition of the mentally retarded or developmentally disabled victim be taken because new evidence material to the defense of the child charged has been discovered that the attorney for the child charged could not with reasonable diligence have discovered prior to the taking of the admitted deposition. Any motion requesting another deposition shall be accompanied by supporting affidavits. Upon the filing of the motion and affidavits, the court may order that additional testimony of the mentally retarded or developmentally disabled victim relative to the new evidence be taken by another deposition. If the court orders the taking of another deposition under this provision, the deposition shall be taken in accordance with this division. If the admitted deposition was a videotaped deposition taken in accordance with division (B)(2) of this section, the new deposition also shall be videotaped in accordance with that division. In other cases, the new deposition may be videotaped in accordance with that division.
(2) If the prosecution requests that a deposition to be taken under division (B)(1) of this section be videotaped, the juvenile judge shall order that the deposition be videotaped in accordance with this division. If a juvenile judge issues an order to video tape the deposition, the judge shall exclude from the room in which the deposition is to be taken every person except the mentally retarded or developmentally disabled victim giving the testimony, the judge, one or more interpreters if needed, the attorneys for the prosecution and the child who is charged with the violation or act, any person needed to operate the equipment to be used, one person chosen by the mentally retarded or developmentally disabled victim giving the deposition, and any person whose presence the judge determines would contribute to the welfare and well-being of the mentally retarded or developmentally disabled victim giving the deposition. The person chosen by the mentally retarded or developmentally disabled victim shall not be a witness in the proceeding and, both before and during the deposition, shall not discuss the testimony of the victim with any other witness in the proceeding. To the extent feasible, any person operating the recording equipment shall be restricted to a room adjacent to the room in which the deposition is being taken, or to a location in the room in which the deposition is being taken that is behind a screen or mirror so that the person operating the recording equipment can see and hear, but cannot be seen or heard by, the mentally retarded or developmentally disabled victim giving the deposition during the deposition.
The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the mentally retarded or developmentally disabled victim giving the deposition on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the mentally retarded or developmentally disabled victim giving the deposition, except on a monitor provided for that purpose. The mentally retarded or developmentally disabled victim giving the deposition shall be provided with a monitor on which the mentally retarded or developmentally disabled victim can observe, while giving testimony, the child who is charged with the violation or act. The judge, at the judge's discretion, may preside at the deposition by electronic means from outside the room in which the deposition is to be taken; if the judge presides by electronic means, the judge shall be provided with monitors on which the judge can see each person in the room in which the deposition is to be taken and with an electronic means of communication with each person in that room, and each person in the room shall be provided with a monitor on which that person can see the judge and with an electronic means of communication with the judge. A deposition that is videotaped under this division shall be taken and filed in the manner described in division (B)(1) of this section and is admissible in the manner described in this division and division (C) of this section. If a deposition that is videotaped under this division is admitted as evidence at the proceeding, the mentally retarded or developmentally disabled victim shall not be required to testify in person at the proceeding. No deposition videotaped under this division shall be admitted as evidence at any proceeding unless division (C) of this section is satisfied relative to the deposition and all of the following apply relative to the recording:
(a) The recording is both aural and visual and is recorded on film or videotape, or by other electronic means.
(b) The recording is authenticated under the Rules of Evidence and the Rules of Criminal Procedure as a fair and accurate representation of what occurred, and the recording is not altered other than at the direction and under the supervision of the judge in the proceeding.
(c) Each voice on the recording that is material to the testimony on the recording or the making of the recording, as determined by the judge, is identified.
(d) Both the prosecution and the child who is charged with the violation or act are afforded an opportunity to view the recording before it is shown in the proceeding.
(C)(1) At any proceeding in relation to which a deposition was taken under division (B) of this section, the deposition or a part of it is admissible in evidence upon motion of the prosecution if the testimony in the deposition or the part to be admitted is not excluded by the hearsay rule and if the deposition or the part to be admitted otherwise is admissible under the Rules of Evidence. For purposes of this division, testimony is not excluded by the hearsay rule if the testimony is not hearsay under Evidence Rule 801; the testimony is within an exception to the hearsay rule set forth in Evidence Rule 803; the mentally retarded or developmentally disabled victim who gave the testimony is unavailable as a witness, as defined in Evidence Rule 804, and the testimony is admissible under that rule; or both of the following apply:
(a) The child who is charged with the violation or act had an opportunity and similar motive at the time of the taking of the deposition to develop the testimony by direct, cross, or redirect examination.
(b) The judge determines that there is reasonable cause to believe that, if the mentally retarded or developmentally disabled victim who gave the testimony in the deposition were to testify in person at the proceeding, the mentally retarded or developmentally disabled victim would experience serious emotional trauma as a result of the mentally retarded or developmentally disabled victim's participation at the proceeding.
(2) Objections to receiving in evidence a deposition or a part of it under division (C) of this section shall be made as provided in civil actions.
(3) The provisions of divisions (B) and (C) of this section are in addition to any other provisions of the Revised Code, the Rules of Juvenile Procedure, the Rules of Criminal Procedure, or the Rules of Evidence that pertain to the taking or admission of depositions in a juvenile court proceeding and do not limit the admissibility under any of those other provisions of any deposition taken under division (B) of this section or otherwise taken.
(D) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a mentally retarded or developmentally disabled person, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the mentally retarded or developmentally disabled victim to be taken in a room other than the room in which the proceeding is being conducted and be televised, by closed circuit equipment, into the room in which the proceeding is being conducted to be viewed by the child who is charged with the violation or act and any other persons who are not permitted in the room in which the testimony is to be taken but who would have been present during the testimony of the mentally retarded or developmentally disabled victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the mentally retarded or developmentally disabled victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act for one or more of the reasons set forth in division (F) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. The judge, at the judge's discretion, may preside during the giving of the testimony by electronic means from outside the room in which it is being given, subject to the limitations set forth in division (B)(2) of this section. To the extent feasible, any person operating the televising equipment shall be hidden from the sight and hearing of the mentally retarded or developmentally disabled victim giving the testimony, in a manner similar to that described in division (B)(2) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the mentally retarded or developmentally disabled victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the mentally retarded or developmentally disabled victim giving the testimony, except on a monitor provided for that purpose. The mentally retarded or developmentally disabled victim giving the testimony shall be provided with a monitor on which the mentally retarded or developmentally disabled victim can observe, while giving testimony, the child who is charged with the violation or act.
(E) In any proceeding in juvenile court involving a complaint, indictment, or information in which a child is charged with a violation listed in division (B)(1) of this section or an act that would be an offense of violence if committed by an adult and in which an alleged victim of the violation or offense was a mentally retarded or developmentally disabled person, the prosecution may file a motion with the juvenile judge requesting the judge to order the testimony of the mentally retarded or developmentally disabled victim to be taken outside of the room in which the proceeding is being conducted and be recorded for showing in the room in which the proceeding is being conducted before the judge, the child who is charged with the violation or act, and any other persons who would have been present during the testimony of the mentally retarded or developmentally disabled victim had it been given in the room in which the proceeding is being conducted. Except for good cause shown, the prosecution shall file a motion under this division at least seven days before the date of the proceeding. The juvenile judge may issue the order upon the motion of the prosecution filed under this division, if the judge determines that the mentally retarded or developmentally disabled victim is unavailable to testify in the room in which the proceeding is being conducted in the physical presence of the child charged with the violation or act, due to one or more of the reasons set forth in division (F) of this section. If a juvenile judge issues an order of that nature, the judge shall exclude from the room in which the testimony is to be taken every person except a person described in division (B)(2) of this section. To the extent feasible, any person operating the recording equipment shall be hidden from the sight and hearing of the mentally retarded or developmentally disabled victim giving the testimony, in a manner similar to that described in division (B)(2) of this section. The child who is charged with the violation or act shall be permitted to observe and hear the testimony of the mentally retarded or developmentally disabled victim giving the testimony on a monitor, shall be provided with an electronic means of immediate communication with the attorney of the child who is charged with the violation or act during the testimony, and shall be restricted to a location from which the child who is charged with the violation or act cannot be seen or heard by the mentally retarded or developmentally disabled victim giving the testimony, except on a monitor provided for that purpose. The mentally retarded or developmentally disabled victim giving the testimony shall be provided with a monitor on which the mentally retarded or developmentally disabled victim can observe, while giving testimony, the child who is charged with the violation or act. No order for the taking of testimony by recording shall be issued under this division unless the provisions set forth in divisions (B)(2)(a), (b), (c), and (d) of this section apply to the recording of the testimony.
(F) For purposes of divisions (D) and (E) of this section, a juvenile judge may order the testimony of a mentally retarded or developmentally disabled victim to be taken outside of the room in which a proceeding is being conducted if the judge determines that the mentally retarded or developmentally disabled victim is unavailable to testify in the room in the physical presence of the child charged with the violation or act due to one or more of the following circumstances:
(1) The persistent refusal of the mentally retarded or developmentally disabled victim to testify despite judicial requests to do so;
(2) The inability of the mentally retarded or developmentally disabled victim to communicate about the alleged violation or offense because of extreme fear, failure of memory, or another similar reason;
(3) The substantial likelihood that the mentally retarded or developmentally disabled victim will suffer serious emotional trauma from so testifying.
(G)(1) If a juvenile judge issues an order pursuant to division (D) or (E) of this section that requires the testimony of a mentally retarded or developmentally disabled victim in a juvenile court proceeding to be taken outside of the room in which the proceeding is being conducted, the order shall specifically identify the mentally retarded or developmentally disabled victim to whose testimony it applies, the order applies only during the testimony of the specified mentally retarded or developmentally disabled victim, and the mentally retarded or developmentally disabled victim giving the testimony shall not be required to testify at the proceeding other than in accordance with the order. The authority of a judge to close the taking of a deposition under division (B)(2) of this section or a proceeding under division (D) or (E) of this section is in addition to the authority of a judge to close a hearing pursuant to section 2151.35 of the Revised Code.
(2) A juvenile judge who makes any determination regarding the admissibility of a deposition under divisions (B) and (C) of this section, the videotaping of a deposition under division (B)(2) of this section, or the taking of testimony outside of the room in which a proceeding is being conducted under division (D) or (E) of this section shall enter the determination and findings on the record in the proceeding.
Sec. 2152.82. (A) The court that adjudicates a child a delinquent child shall issue as part of the dispositional order an order that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code if all of the following apply:
(1) The act for which the child is adjudicated a delinquent
child is a sexually oriented offense that is not a
registration-exempt sexually oriented offense or is a child-victim
oriented offense that the child committed on
or after January 1,
2002.
(2) The child was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the offense.
(3) The court has determined that the
child previously was
convicted of, pleaded guilty to, or was
adjudicated a delinquent
child for committing
any sexually
oriented offense or child-victim
oriented offense, regardless of
when the prior
offense was
committed and regardless of the
child's
age
at the time
of
committing the offense.
(4) The court is not required to classify the child as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant under section 2152.86 of the Revised Code.
(B) An order required under division (A)
of this section
shall be issued
at the time the judge makes
the orders order of
disposition for the
delinquent child. Prior to issuing the order
required by division (A) of this section,
the judge shall
conduct
the hearing and make the determinations
required by
division (B)
of
section 2950.09 of
the Revised Code regarding a sexually
oriented offense that is not a registration-exempt sexually
oriented offense or division (B) of section 2950.091 of the
Revised Code regarding a child-victim oriented offense
to
determine if the
child
is to be classified a
sexual predator or a
child-victim predator, shall make the
determinations required by
division (E) of section 2950.09 of the Revised Code regarding a
sexually oriented offense that is not a registration-exempt
sexually oriented offense or division (E) of section 2950.091 of
the Revised Code regarding a child-victim oriented offense to
determine if the child is to be
classified a habitual sex
offender
or a habitual child-victim offender, and shall otherwise comply
with those divisions a hearing under section 2152.831 of the
Revised Code to
determine whether the child 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. If the court determines
that the
delinquent child to whom the order applies is a tier III
sex
offender/child-victim offender and the child is not a public
registry-qualified juvenile offender registrant, the judge may
impose a requirement subjecting the child to the victim and
community notification provisions of sections 2950.10 and 2950.11
of the Revised Code. When a
judge issues an order
under division
(A) of this section, all of
the following apply:
(1) The judge shall include in the order any determination
that the delinquent child is, or is not, a sexual predator or
child-victim predator or is, or is not, a habitual
sex offender or
habitual child-victim offender that the judge makes pursuant to
division (B) or (E)
of section 2950.09 or 2950.091 of the Revised
Code and any related information
required or authorized under the
division under which the
determination is made, including, but not
limited to, any
requirement imposed by the court subjecting a
child who is a
habitual sex offender or habitual child-victim
offender to community notification provisions as
described in
division (E) of section 2950.09 or 2950.091 of the Revised Code.
(2) The judge shall include in the order a statement that,
upon completion of the disposition of the delinquent child that
was made for the sexually oriented offense or child-victim
oriented offense upon which the order is
based, a hearing will be
conducted, and the order and any
determinations included in the
order are subject to
modification
or termination
pursuant to
sections 2152.84 and 2152.85 of the
Revised Code.
(3)(2) The judge shall provide to the
delinquent child and to
the delinquent child's parent, guardian,
or custodian the notice
required under divisions (A)
and (B) of section 2950.03 of the
Revised Code and shall provide as part of that notice a copy of
the order.
(4)(3) The judge shall include the order in the delinquent
child's dispositional order and shall specify in the dispositional
order that the order issued under division (A) of this
section was
made pursuant to this section.
(4) If the court determines that the delinquent child to whom the order applies is a tier III sex offender/child-victim offender, if the child is not a public registry-qualified juvenile offender registrant, and if the judge imposes a requirement subjecting the child to the victim and community notification provisions of sections 2950.10 and 2950.11 of the Revised Code, the judge shall include the requirement in the order.
(5) The court shall include in the order its determination made at the hearing held under section 2151.831 of the Revised Code as to whether the delinquent child 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.
(C) An Except as provided in division (D) of this section, an
order issued under division (A) of this
section and
any
determinations included in the order shall remain in effect
for
the period of time specified in
section 2950.07 of the Revised
Code, subject to a modification or
termination of the order under
section 2152.84 or 2152.85 of the
Revised Code, and section
2152.851 of the Revised Code applies regarding the order and the
determinations. If an order is
issued under division (A) of
this
section, the child's attainment
of eighteen or twenty-one
years of
age does not affect or
terminate the order, and the order
remains
in effect for the
period of time described in this
division.
(D) A court that adjudicates a child a delinquent child for a
sexually oriented offense that is a registration-exempt sexually
oriented offense shall not issue based on that adjudication an
order under this section that classifies the child a juvenile
offender registrant and specifies that the child has a duty to
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code. If a court issues an order under division (A) of
this section before January 1, 2008, not later than February 1,
2008, the court shall terminate the order and issue a new order
that reclassifies the child as both a juvenile offender registrant
and a public registry-qualified juvenile offender registrant
pursuant to section 2152.86 of the Revised Code if the court
imposed on the
child a serious youthful offender dispositional
sentence under
section 2152.13 of the Revised Code and if the act
that
was the basis of the classification of the delinquent child
as a
juvenile offender registrant and is the basis of the serious
youthful offender dispositional sentence is any of the following:
(1) Committing, attempting to commit, conspiring to commit, or complicity in committing 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;
(2) Committing, attempting to commit, conspiring to commit, or complicity in committing 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.
Sec. 2152.83. (A)(1) The court that adjudicates a
child a
delinquent child shall issue as part of the dispositional
order
or, if the court commits the child for the delinquent act to
the
custody of a secure facility, shall issue at the time of the
child's release from the secure facility, an order that classifies
the child a juvenile offender registrant and specifies that
the
child has a duty to comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the
Revised Code if all of the following
apply:
(a) The act for which the child is
or was adjudicated a
delinquent
child
is a sexually oriented offense that is not a
registration-exempt sexually oriented offense or is a child-victim
oriented offense
that the child
committed on or after January 1,
2002.
(b) The child was sixteen or seventeen years of age at the time of committing the offense.
(c) The court was not required to classify the child a juvenile offender registrant under section 2152.82 of the Revised Code or as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant under section 2152.86 of the Revised Code.
(2) Prior to issuing the order
required by division (A)(2) of
this section, the judge shall conduct the hearing and make the
determinations required by
division (B)
of section 2950.09 of the
Revised Code regarding a sexually oriented offense that is not a
registration-exempt sexually oriented offense or division (B) of
section 2950.091 of the Revised Code regarding a child-victim
oriented offense
to
determine if the child is to be classified a
sexual predator or a child-victim predator,
shall make the
determinations required by
division (E) of
section 2950.09 of the
Revised Code regarding a sexually oriented offense that is not a
registration-exempt sexually oriented offense or division (E) of
section 2950.091 of the Revised Code regarding a child-victim
oriented offense to determine if the child is to be
classified a
habitual sex offender or a habitual child-victim offender, and
shall otherwise comply
with those
divisions a hearing under
section 2152.831 of the Revised Code, except as otherwise provided
in that section, to determine whether the child 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. When a judge issues an order under
division
(A)(1) of
this section, the judge shall include in the
order
all
of the
determinations and information identified in
division
(B)(1)(5) of
section 2152.82 of the Revised Code that are
relevant.
(B)(1) The court that adjudicates a child a delinquent
child,
on the judge's own motion, may conduct at the time of
disposition
of the child or, if the court commits the child for
the delinquent
act to the custody of a secure facility, may
conduct at the time
of the child's release from the secure
facility, a hearing for the
purposes described in division (B)(2)
of this section if all of
the following apply:
(a) The act for which the child is adjudicated a delinquent
child
is a
sexually oriented offense that is not a
registration-exempt sexually oriented offense or is a child-victim
oriented offense
that the
child committed on
or after January 1,
2002.
(b) The child was fourteen or fifteen years of age at the time of committing the offense.
(c) The court was not required to classify the child a juvenile offender registrant under section 2152.82 of the Revised Code or as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant under section 2152.86 of the Revised Code.
(2) A judge shall conduct a hearing under division (B)(1) of this section to review the effectiveness of the disposition made of the child and of any treatment provided for the child placed in a secure setting and to determine whether the child should be classified a juvenile offender registrant. The judge may conduct the hearing on the judge's own initiative or based upon a recommendation of an officer or employee of the department of youth services, a probation officer, an employee of the court, or a prosecutor or law enforcement officer. If the judge conducts the hearing, upon completion of the hearing, the judge, in the judge's discretion and after consideration of the factors listed in division (E) of this section, shall do either of the following:
(a) Decline to issue an order that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;
(b) Issue an order that classifies the child a juvenile
offender registrant and specifies that the child has a duty to
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code and, if the
judge conducts a hearing as described
in division (C) of this section to determine whether
the child is
a sexual predator or child-victim predator or a habitual sex
offender or habitual child-victim offender, include
in the order a
statement that the judge has determined that the
child is, or is
not, a sexual predator, child-victim predator, habitual sex
offender, or habitual child-victim offender, whichever
is
applicable that states the determination that the judge makes at
the hearing held pursuant to section 2152.831 of the Revised Code
as to whether the child 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.
(C) A judge may issue (1) Prior to issuing an order under
division (B)(2)(b) of this
section that contains a determination
that a delinquent child is a sexual predator or child-victim
predator only if the judge, in accordance with the
procedures
specified in division (B) of section 2950.09 of the
Revised Code
regarding sexual predators or division (B) of section 2950.091 of
the Revised Code regarding child-victim predators, determines at
the hearing by clear and convincing
evidence that the child is a
sexual predator or a child-victim predator. A judge may issue
an
order under division (B) of this section that contains a
determination that a delinquent child is a habitual sex offender
or a habitual child-victim offender
only if the judge
at the
hearing
determines as
described in
division (E) of section 2950.09
of the Revised Code
regarding habitual sex offenders or division
(E) of section 2950.091 of the Revised Code regarding habitual
child-victim offenders that the child
is a habitual sex offender
or a habitual child-victim offender. If the judge issues an
order
under
division (B) of this section that contains a
determination
that a
delinquent child is a habitual sex offender or a habitual
child-victim offender,
the judge may impose
a requirement
subjecting the child to
community notification
provisions as
described in division (E) of
section 2950.09 or 2950.091 of the
Revised Code, whichever is applicable. If the court conducts a
hearing as described in this division to determine whether the
child is a sexual predator or child-victim predator or a habitual
sex offender or habitual child-victim offender, the judge shall
comply with division (B) or (E) of section 2950.09 or 2950.091 of
the Revised Code, whichever is applicable, in all regards, the
judge shall conduct a hearing under section 2152.831 of the
Revised Code to
determine whether the child 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. The judge may hold the
hearing at
the same time as the hearing under division (B) of this
section.
(2) If a judge issues an order under division (A) or (B) of this section and the court determines that the delinquent child to whom the order applies is a tier III sex offender/child-victim offender and the child is not a public registry-qualified juvenile offender registrant, the judge may impose a requirement subjecting the child to the victim and community notification provisions of sections 2950.10 and 2950.11 of the Revised Code. If the judge imposes a requirement subjecting the child to the victim and community notification provisions of sections 2950.10 and 2950.11 of the Revised Code, the judge shall include the requirement in the order.
(D)(3) If a judge issues an order under division (A) or (B)
of
this section, the judge shall provide to the delinquent child
and
to the delinquent child's parent, guardian, or custodian a
copy of
the order and a notice containing the information
described in
divisions (A) and (B) of section 2950.03 of the
Revised Code. The
judge shall provide the notice at the time of
the issuance of the
order and shall comply with divisions (B)
and
(C) of that section
regarding that notice and the provision of
it.
The judge also shall include in the order a statement that, upon completion of the disposition of the delinquent child that was made for the sexually oriented offense or child-victim oriented offense upon which the order is based, a hearing will be conducted and the order is subject to modification or termination pursuant to section 2152.84 of the Revised Code.
(E)(D) In making a decision under division (B) of this
section
as to whether a delinquent child should be classified a
juvenile
offender registrant and, if so, whether the child also is
a
sexual predator or child-victim predator or a habitual sex
offender or habitual child-victim offender, a judge shall consider
all relevant factors, including, but not limited to, all of the
following:
(1) The nature of the sexually oriented offense that is not a
registration-exempt sexually oriented offense or the child-victim
oriented offense committed by
the child;
(2) Whether the child has shown any genuine remorse or compunction for the offense;
(3) The public interest and safety;
(4) The factors set forth in division (B)(3)(K) of section
2950.09 or 2950.091 2950.11 of the Revised Code, whichever is
applicable; provided that references in the factors as set forth
in that division to "the offender" shall be construed for purposes
of this division to be references to "the delinquent child;"
(5) The factors set forth in divisions (B) and (C) of section 2929.12 of the Revised Code as those factors apply regarding the delinquent child, the offense, and the victim;
(6) The results of any treatment provided to the child and of any follow-up professional assessment of the child.
(F)(E) An order issued under division (A) or (B) of this
section and any determinations included in the order
shall remain
in effect for the period of time specified in
section
2950.07 of
the Revised Code, subject to a modification or
termination of the
order under section 2152.84 of the Revised
Code, and section
2152.851 of the Revised Code applies regarding the order and the
determinations. The child's attainment of eighteen or twenty-one
years of
age does not affect or terminate the order, and the order
remains
in effect for the period of time described in this
division.
(G) A court that adjudicates a child a delinquent child for a
sexually oriented offense that is a registration-exempt sexually
oriented offense shall not issue based on that adjudication an
order under this section that classifies the child a juvenile
offender registrant and specifies that the child has a duty to
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of
the Revised Code.
(H)(F) If a court issues an order under division (A) or (B)
of this section before January 1, 2008, not later than February 1,
2008, the court shall terminate the order and issue a new order
that reclassifies the child as both a juvenile offender registrant
and a public registry-qualified juvenile offender registrant
pursuant to section 2152.86 of the Revised Code if the court
imposed on the
child a serious youthful offender dispositional
sentence under
section 2152.13 of the Revised Code and if the act
that
was the basis of the classification of the delinquent child
as a
juvenile offender registrant and is the basis of the serious
youthful offender dispositional sentence is any of the following:
(1) Committing, attempting to commit, conspiring to commit, or complicity in committing 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;
(2) Committing, attempting to commit, conspiring to commit, or complicity in committing 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.
(G) As used in the this section, "secure facility" has the
same
meaning as in section 2950.01 of the Revised Code.
Sec. 2152.831. (A) If, on or after January 1, 2008, a juvenile court adjudicates a child a delinquent child and classifies the child a juvenile offender registrant pursuant to section 2152.82 or 2152.83 of the Revised Code, before issuing the order that classifies the child a juvenile offender registrant the court shall conduct a hearing to determine whether to classify the child 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.
(B) When a judge issues an order under section 2152.82 or 2152.83 of the Revised Code that classifies a delinquent child a juvenile offender registrant, in addition to the other statements and information required by the section under which the order is issued, the judge shall include in the order its determination made under division (A) of this section as to whether the child 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. When a judge issues an order under section 2152.84 or 2152.85 of the Revised Code that reclassifies a delinquent child from one tier of sex offender/child-victim offender to a different tier of sex offender/child-victim offender, in addition to the other statements and information required by the section under which the order is issued, the judge shall include in the order its determination as to the reclassification of the child and the tier to which the child is reclassified.
(C) The provisions of this section do not apply to a delinquent child if the court is required to classify the child as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant pursuant to section 2152.86 of the Revised Code.
Sec. 2152.84.
(A)(1) When a juvenile court judge issues an
order under section 2152.82 or division (A) or (B) of section
2152.83 of the Revised
Code that classifies a delinquent child a
juvenile offender
registrant and specifies that the child has
a
duty to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code, upon
completion of the
disposition of
that
child
made for the
sexually
oriented offense that is not a
registration-exempt sexually oriented offense or the child-victim
oriented offense on which the juvenile
offender
registrant
order
was based, the judge or the judge's
successor in
office
shall
conduct a hearing to
review the effectiveness of the
disposition
and
of any
treatment provided for the child, to
determine the
risks that the child
might re-offend, and to
determine whether
the
prior classification
of
the child as a
juvenile
offender
registrant
and, if
applicable, as a sexual
predator or
child-victim predator or as a habitual sex offender or habitual
child-victim offender should
be
continued, modified,
or
terminated
as provided under division
(A)(2) of this section, and to
determine whether its
prior determination made at the hearing
held pursuant to section
2152.831 of the Revised Code as to
whether the child 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 should be continued or modified as
provided under division (A)(2) of this section.
(2) Upon completion of a hearing under division (A)(1) of
this section, the judge, in the judge's discretion and after
consideration of all relevant factors, including but not limited
to, the factors listed in division (E)(D) of
section
2152.83 of
the Revised Code, shall do one of the
following, as
applicable:
(a) Enter an order that continues the classification of the
delinquent child as a juvenile offender registrant made in the
prior order issued under section
2152.82 or
division (A) or
(B) of
section 2152.83 of the Revised
Code, and
any sexual
predator,
child-victim predator, habitual sex offender, or habitual
child-victim offender the prior determination
included in the
order that the child 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, whichever is applicable;
(b) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and includes a
determination by the
judge that the delinquent child is a sexual
predator or child-victim predator, enter, as applicable, an
order
that contains a determination that the
child no
longer is a sexual
predator, the reason or reasons for that determination, and either
a
determination that the child is a
habitual sex offender
or a
determination that the child
remains a juvenile
offender
registrant but is not a sexual
predator or habitual
sex offender,
or an order that contains a determination that the child no longer
is a child-victim predator, the reason or reasons for that
determination, and either a determination that the child is a
habitual child-victim offender or a determination that the child
remains a juvenile offender registrant but is not a child-victim
predator or habitual child-victim offender;
(c) If the
prior order was issued under section
2152.82 or
division (A) of section 2152.83 of the Revised Code and does not
include a sexual
predator or child-victim predator
determination
as described in division
(A)(2)(b) of this
section
but includes a
determination by the
judge that the
delinquent
child is a habitual
sex offender or a habitual child-victim offender, enter, as
applicable,
an order that
contains a
determination that the child
no longer is a
habitual
sex offender and a
determination that
the
child remains a juvenile sex
offender registrant
but is
not a
habitual offender, or an order that contains a determination that
the child no longer is a habitual child-victim offender and a
determination that the child remains a juvenile offender
registrant but is not a habitual child-victim offender;
(d) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and includes a determination
by the
judge that the delinquent child is a sexual predator or
child-victim predator, enter, as applicable,
an
order that
contains a determination that the child
no
longer is a sexual
predator, the reason or reasons for that determination, and either
a
determination
that the child is a habitual sex
offender, a
determination that the child remains a
juvenile
offender
registrant but is not a sexual predator or
habitual sex
offender,
or a determination that the
child no longer is a juvenile offender
registrant
and no
longer has a duty to comply with sections
2950.04, 2950.05, and 2950.06 of the
Revised
Code, or an order
that contains a determination that the child no longer is a
child-victim predator, the reason or reasons for that
determination, and either a determination that the child is a
habitual child-victim offender, a determination that the child
remains a juvenile offender registrant but is not a child-victim
predator or habitual child-victim offender, or a determination
that the child no longer is a juvenile offender registrant and no
longer has a duty to comply with sections 2950.041, 2950.05, and
2950.06 of the Revised Code;
(e) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and does not include a sexual
predator or child-victim predator
determination as described in
division (A)(2)(d) of this
section
but includes a determination by
the judge that the
delinquent
child is a habitual sex offender or
habitual child-victim offender, enter, as applicable, an order
that
contains a
determination that the child no longer is a
habitual
sex offender
and either a determination that
the child
remains a juvenile offender registrant but is not a
sexual
predator or habitual sex offender or a determination that
the
child no longer is a juvenile offender
registrant and no longer
has a duty to comply with sections
2950.04, 2950.05, and 2950.06
of the Revised Code, or an order that contains a determination
that the child no longer is a habitual child-victim offender and
either a determination that the child remains a juvenile offender
registrant but is not a child-victim predator or habitual
child-victim offender or a determination that the child no longer
is a juvenile offender registrant and no longer has a duty to
comply with sections 2950.041, 2950.05, and 2950.06 of the Revised
Code;
(f) If the
prior order was issued under division (B) of
section
2152.83 of the Revised Code and
does not include
a
sexual
predator or child-victim predator determination or a habitual sex
offender or habitual child-victim offender
determination as
described in divisions (A)(2)(d) and (e) of this
section, enter,
as applicable, enter an
order
that contains a
determination that
the
delinquent child no
longer
is a juvenile
offender registrant
and no longer has a
duty to
comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the
Revised Code, or an order
that contains a determination that the delinquent child no longer
is a juvenile offender registrant and no longer has a duty to
comply with sections 2950.041, 2950.05, and 2950.06 of the Revised
Code. An order issued under division (A)(2)(b) of this section
also terminates all prior determinations that the child 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, whichever is applicable. Division
(A)(2)(b) of this section does not apply to a prior order issued
under section 2152.82 or division (A) of section 2152.83 of the
Revised Code.
(c) If the prior order was issued under section 2152.82 or division (A) or (B) of section 2152.83 of the Revised Code, enter an order that continues the classification of the delinquent child as a juvenile offender registrant made in the prior order issued under section 2152.82 or division (A) or (B) of section 2152.83 of the Revised Code, and that modifies the prior determination made at the hearing held pursuant to section 2152.831 of the Revised Code that the child 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, whichever is applicable. An order issued under division (A)(2)(c) of this section shall not include a determination that increases to a higher tier the tier classification of the delinquent child. An order issued under division (A)(2)(c) of this section shall specify the new determination made by the court at a hearing held pursuant to division (A)(1) of this section as to whether the child 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, whichever is applicable.
(B)(1) If a judge issues an order under division (A)(2)(a) of
this section that continues the prior classification of the
delinquent child as a juvenile offender registrant and any sexual
predator or habitual sex offender the prior determination included
in
the order, or that continues the prior classification of the
delinquent child as a juvenile offender registrant and any
child-victim predator or habitual child-victim offender
determination included in the order that the child 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, whichever is applicable, the prior
classification and the prior determination,
if applicable, shall
remain in effect.
(2) A judge may issue an order under division (A)(2)(c) of
this
section that contains a determination that reclassifies a
child no longer is a sexual predator or no longer is a
child-victim predator only if the judge, in accordance with the
procedures specified in division (D)(1) of section 2950.09 of the
Revised Code regarding a sexual predator, determines at the
hearing by clear and convincing
evidence that the delinquent child
is unlikely to commit a
sexually oriented offense in the future,
or the judge, in accordance with the procedures specified in
division (D)(1) of section 2950.091 of the Revised Code regarding
a child-victim predator, determines at the hearing by clear and
convincing evidence that the delinquent child is unlikely to
commit a child-victim oriented offense in the future. If the judge
issues an
order of that type, the judge shall provide the
notifications
described in division (D)(1) of section 2950.09 or
2950.091 of the Revised
Code, whichever is applicable, and the
recipient of the notification shall comply with the
provisions of
that division from a tier III sex offender/child-victim offender
classification to a tier II sex offender/child-victim offender
classification or to a
tier I sex offender/child-victim offender
classification.
A judge may issue an order under division (A)(2)(c) of this section that contains a determination that reclassifies a child from a tier II sex offender/child-victim offender classification. A judge may not issue an order under that division that contains a determination that reclassifies a child from a tier II sex offender/child-victim offender classification to a tier III sex offender/child-victim offender classification.
A judge may not issue an order under division (A)(2)(c) of this section that contains a determination that reclassifies a child from a tier I sex offender/child-victim offender classification to a tier II sex offender/child-victim offender classification or to a tier III sex offender/child-victim offender classification.
If a judge issues an order under this division that contains a determination that reclassifies a child, the judge shall provide a copy of the order to the delinquent child and the bureau of criminal identification and investigation, and the bureau, upon receipt of the copy of the order, promptly shall notify the sheriff with whom the child most recently registered under section 2950.04 or 2950.041 of the Revised Code of the determination and reclassification.
(3) If a judge issues an order under division (A)(2)(b) of
this
section that otherwise reclassifies declassifies the
delinquent child as a juvenile offender registrant, the
judge
shall provide a copy of the order to the bureau of criminal
identification and investigation, and the bureau, upon receipt of
the copy of the order, promptly shall notify the sheriff with whom
the child most recently registered under section 2950.04 or
2950.041 of the
Revised Code of the reclassification
declassification.
(C) If a judge issues an order under any provision of
division (A)(2)(a), (b), or (c) of this section, the judge shall
provide
to the
delinquent child and to the delinquent child's
parent,
guardian,
or custodian a copy of the order and, if
applicable, a notice containing
the
information described in
divisions (A) and
(B) of section 2950.03
of the Revised Code. The
judge shall
provide the notice at the
time of the issuance of the
order and shall comply
with divisions (B)
and (C)
of that section
regarding
that notice and the provision of it.
(D) In making a decision under division (A) of this section,
a judge shall consider all
relevant factors, including,
but not
limited to,
the factors listed in division (E) of section 2152.83
of
the Revised Code.
(E) An order issued under division (A)(2)(a) or (c) of this
section
and any determinations included in the order shall remain
in
effect for the period of time specified in
section 2950.07 of
the
Revised Code, subject to a modification or
termination of the
order under section 2152.85 of the Revised
Code, and section
2152.851 of the Revised Code applies regarding the order and the
determinations. If an order is
issued under division (A)(2)(a) or
(c) of
this section, the child's
attainment of eighteen or
twenty-one
years of age does not affect
or terminate the order,
and the order
remains in effect for the
period of time described
in this
division.
(E) The provisions of this section do not apply to a delinquent child who is classified as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant pursuant to section 2152.86 of the Revised Code.
Sec. 2152.85. (A) Upon Regardless of when the delinquent
child was classified a juvenile offender registrant, upon the
expiration of the
applicable
period of time specified in division
(B)(1) or, (2), or
(3) of this
section, a delinquent child who
has been classified
pursuant to
this section or section 2152.82
or 2152.83 of
the
Revised Code a
juvenile
offender
registrant
may
petition
the
judge who made
the classification, or that
judge's
successor
in
office, to do one
of the following:
(1) If the order containing the juvenile offender
registrant
classification also includes a determination by the
juvenile court
judge that the delinquent child is a sexual
predator or
child-victim predator in the manner
described in
section 2152.82
or 2152.83 of the Revised Code and
that
determination remains in
effect, to enter, as applicable, an order that
contains a
determination that the child no longer is a sexual
predator, the
reason or reasons for that determination, and
either a
determination that the
child is a
habitual sex offender or a
determination that the child
remains a
juvenile offender
registrant but is not a sexual
predator or
habitual sex offender,
or an order that contains a determination that the child no longer
is a child-victim predator, the reason or reasons for that
determination, and either a determination that the child is a
habitual child-victim offender or a determination that the child
remains a juvenile offender registrant but is not a child-victim
predator or habitual child-victim offender tier III sex
offender/child-victim offender, to enter, as applicable, an order
that contains a determination that reclassifies the child as
either a tier II sex offender/child-victim offender or a tier I
sex offender/child-victim offender, the reason or reasons for that
reclassification, and a determination that the child remains a
juvenile offender registrant, or an order that contains a
determination that the child no longer is a juvenile offender
registrant and no longer has a duty to comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;
(2) If the order containing the juvenile offender
registrant
classification under section 2152.82 or 2152.83 of the
Revised
Code or under division (C)(2) of this section pursuant to
a
petition filed under division (A) of this section does not
include
a sexual predator or child-victim predator
determination as
described in division
(A)(1) of this section but
includes a
determination by the
juvenile court judge that the
delinquent
child is a habitual sex
offender or a habitual child-victim
offender in the manner
described in section 2152.82 or 2152.83 of
the Revised Code, or in
this section, and that determination
remains in effect, to enter, as applicable,
an order that contains
a determination
that the child no longer is
a habitual sex
offender and either a
determination that the child remains a
juvenile
offender
registrant or a determination that the child no
longer is a
juvenile offender registrant and no longer has a duty
to
comply with sections 2950.04, 2950.05, and 2950.06 of the
Revised Code, or an order that contains a determination that the
child no longer is a habitual child-victim offender and either a
determination that the child remains a juvenile offender
registrant or also includes a determination by the juvenile court
judge that the delinquent child is a tier II sex
offender/child-victim offender, to enter, as applicable, an order
that contains a determination that reclassifies the child as a
tier I sex offender/child-victim offender, the reason or reasons
for that reclassification, and a determination that the child
remains a juvenile offender registrant, or an order that contains
a determination that the child no longer is a juvenile offender
registrant and no longer has a duty to comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code;
(3) If the order containing the juvenile offender
registrant
classification under section 2152.82 or 2152.83 of the
Revised
Code or under division (C)(2) of this section pursuant to
a
petition filed under division (A) of this section does not
include
a sexual predator or child-victim predator determination or a
habitual sex offender or habitual child-victim offender
determination
as described in division
(A)(1) or (2) of this
section also includes a determination by the juvenile court judge
that the delinquent child is a tier I sex offender/child-victim
offender, to enter, as applicable,
an order that contains a
determination that the child no longer is
a juvenile offender
registrant and no longer has a duty to
comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, or an
order that contains a determination that the child no longer is a
juvenile offender registrant and no longer has a duty to comply
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code.
(B) A delinquent child who has been adjudicated a delinquent
child for committing on or after
January 1, 2002, a sexually
oriented offense that is not a registration-exempt sexually or a
child-victim oriented offense
and who has been classified
a
juvenile offender registrant
relative to that offense or who has
been adjudicated a delinquent
child for committing on or after
that date a child-victim oriented
offense and who has been
classified a juvenile offender registrant
relative to that
offense may file a petition under
division (A) of
this
section
requesting reclassification or
declassification as
described in
that division after the
expiration of one of the
following periods
of time:
(1) The delinquent child initially may file a petition not earlier than three years after the entry of the juvenile court judge's order after the mandatory hearing conducted under section 2152.84 of the Revised Code.
(2) After the delinquent child's initial filing of a petition under division (B)(1) of this section, the child may file a second petition not earlier than three years after the judge has entered an order deciding the petition under division (B)(1) of this section.
(3) After the delinquent child's filing of a petition under division (B)(2) of this section, thereafter, the delinquent child may file a petition under this division upon the expiration of five years after the judge has entered an order deciding the petition under division (B)(2) of this section or the most recent petition the delinquent child has filed under this division.
(C) Upon the filing of a petition under divisions division
(A) and
(B) of this section, the judge may review the prior
classification
or
determination in question and, upon
consideration of all
relevant
factors and information, including,
but not limited to
the factors
listed in division (E)(D) of
section 2152.83 of the
Revised Code, the judge, in the judge's
discretion, shall do one
of the following:
(1) Enter an order denying the petition;
(2) Issue an
order that reclassifies or declassifies the
delinquent child, in
the requested manner specified in division
(A)(1), (2), or (3) of
this section.
(D) If a judge issues an order under division (C)(1) of this
section that denies a petition, the prior classification of the
delinquent child as a juvenile offender registrant, and the
prior
determination that the child is a sexual predator, child-victim
predator,
habitual sex offender, or habitual child-victim
offender, if tier I sex offender/child-victim offender, a tier II
sex offender/child-victim offender, or a tier III sex
offender/child-victim offender, whichever is applicable, shall
remain in effect.
A judge may issue an order under division (C)(2) of this
section
that contains a determination that a child no longer is a
sexual
predator or no longer is a child-victim predator only if
the judge conducts a hearing and, in accordance
with the
procedures specified in division (D)(1) of section
2950.09 of the
Revised Code regarding a sexual predator, determines at the
hearing by clear
and convincing evidence that the delinquent child
is unlikely to
commit a sexually oriented offense in the future,
or, in accordance with the procedures specified in division (D)(1)
of section 2950.091 of the Revised Code regarding a child-victim
predator, determines at the hearing by clear and convincing
evidence that the delinquent child is unlikely to commit a
child-victim oriented offense in the future. If the judge
issues
an order of that type, the judge shall provide the
notifications
described in division (D)(1) of section 2950.09 or 2950.091 of
the
Revised Code, whichever is applicable, and the recipient of the
notification shall
comply with the provisions of that division
reclassifies a child from a tier III sex offender/child-victim
offender classification to a tier II sex offender/child-victim
offender classification or to a tier I
sex offender/child-victim
offender classification.
A judge may issue an order under division (C)(2) of this section that contains a determination that reclassifies a child from a tier II sex offender/child-victim offender classification to a tier I sex offender/child-victim offender classification.
If a judge issues an order under this division that contains a determination that reclassifies a child, the judge shall provide a copy of the order to the delinquent child and the bureau of criminal identification and investigation, and the bureau, upon receipt of the copy of the order, promptly shall notify the sheriff with whom the child most recently registered under section 2950.04 or 2950.041 of the Revised Code of the determination and reclassification.
A judge may issue an order under division (C) of this section
that contains a determination that a delinquent child is a
habitual sex offender or a habitual child-victim offender only if
the judge conducts a hearing and
determines at the hearing as
described in division (E) of section
2950.09 of the Revised Code
regarding habitual sex offenders or division (E) of section
2950.091 of the Revised Code regarding habitual child-victim
offenders that the child is a habitual sex
offender or a habitual
child-victim offender. If the judge issues an order that contains
a
determination that a delinquent child is a habitual sex offender
or a habitual child-victim offender,
the judge may impose a
requirement subjecting the child to
community notification
provisions as described in that division.
If a judge issues an order under division (C)(2) of this section that declassifies the delinquent child, the order also terminates all prior determinations that the child 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, whichever is applicable. If a judge issues an order under division (C)(2) of this section that declassifies the delinquent child, the judge shall provide a copy of the order to the bureau of criminal identification and investigation, and the bureau, upon receipt of a copy of the order, promptly shall notify the sheriff with whom the child most recently registered under section 2950.04 or 2950.041 of the Revised Code of the declassification.
(E) If a judge issues an order under division (C)(1) or (2) of this section, the judge shall provide to the delinquent child and to the delinquent child's parent, guardian, or custodian a copy of the order and, if applicable, a notice containing the information described in divisions (A) and (B) of section 2950.03 of the Revised Code. The judge shall provide the notice at the time of the issuance of the order and shall comply with divisions (B) and (C) of that section regarding that notice and the provision of it.
(F) An order issued under division (C) of this section shall
remain in effect for the period of time specified in section
2950.07 of the Revised Code, subject to a further modification or
a future termination of the order under this section, and section
2152.851 of the Revised Code applies regarding the order and the
determinations. If an order is
issued under division (C) of this
section, the child's attainment
of eighteen or twenty-one years of
age does not affect or
terminate the order, and the order remains
in effect for the
period of time described in this division.
(G) The provisions of this section do not apply to a delinquent child who is classified as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant pursuant to section 2152.86 of the Revised Code.
Sec. 2152.851. (A) If, prior to the effective date of this
section January 1, 2008, a judge issues an order under section
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code that
classifies a delinquent child a juvenile offender registrant based
on an adjudication for 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, and
if, on and after the effective date of this section January 1,
2008, the sexually oriented offense upon which the order was based
no longer is considered a sexually oriented offense but instead is
or a child-victim oriented offense as those terms are defined in
section 2950.01 of the Revised Code on and after January 1, 2008,
notwithstanding the redesignation of the offense changes to
sections 2152.82, 2152.83, 2152.84, and 2152.85 of the Revised
Code made on January 1, 2008, on and after that date, the order
shall remain in effect for the period described in the section
under which it was issued, the order shall be considered for all
purposes to be an order that classifies the child a juvenile
offender registrant, division (A)(2)(b) of section 2950.041 of the
Revised Code applies regarding the child as that section exists on
and after January 1, 2008, subject to subsequent modification or
termination under section 2152.84, 2152.85, or 2950.15 of the
Revised Code, or, if division (A)(3) of section 2152.86 of the
Revised Code applies regarding the child, for the period described
in division (C) of that section subject to modification or
termination under section 2152.84, 2152.85, or 2950.15 of the
Revised Code, whichever is applicable, and the duty to register
imposed pursuant to that division comply with sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code 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 child prior to the
effective date of this section January 1, 2008, under the order
issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and
Chapter 2950. of the Revised Code.
(B) If an order of the type described in division (A) of this
section included a classification or determination that the
delinquent child was a sexual predator or habitual sex offender,
notwithstanding the redesignation of the offense upon which the
determination was based, all of the following apply:
(1) Divisions (A)(1) and (2) or (E)(1) and (2) of section
2950.091 of the Revised Code apply regarding the child and the
judge's order made prior to the effective date of this section
shall be considered for all purposes to be an order that
classifies the child as described in those divisions;
(2) The child's classification or determination under
divisions (A)(1) and (2) or (E)(1) and (2) of section 2950.091 of
the Revised Code shall be considered, for purposes of section
2950.07 of the Revised Code and for all other purposes, to be a
continuation of classification or determination made prior to the
effective date of this section;
(3) The child's duties under Chapter 2950. of the Revised
Code relative to that classification or determination shall be
considered for all purposes to be a continuation of the duties
related to that classification or determination as they existed
prior to the effective date of this section.
Sec. 2152.86. (A)(1) The court that, on or after January 1, 2008, adjudicates a child a delinquent child for committing an act shall issue as part of the dispositional order an order that classifies the child a juvenile offender registrant, specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and additionally classifies the child a public registry-qualified juvenile offender registrant if the child was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the act, the court imposed on the child a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code, and the child is adjudicated a delinquent child for committing, attempting to commit, conspiring to commit, or complicity in committing any 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) Upon a child's release, on or after January 1, 2008, from the department of youth services, the court shall issue an order that classifies the child a juvenile offender registrant, specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and additionally classifies the child a public registry-qualified juvenile offender registrant if all of the following apply:
(a) The child was adjudicated a delinquent child, and a juvenile court imposed on the child a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code for committing one of the acts described in division (A)(1)(a) or (b) of this section.
(b) The child was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the act.
(c) The court did not issue an order classifying the child as both a juvenile offender registrant and a public registry-qualified juvenile offender registrant pursuant to division (A)(1) of this section.
(3) If a court issued an order classifying a child a juvenile offender registrant pursuant to section 2152.82 or 2152.83 of the Revised Code prior to January 1, 2008, not later than February 1, 2008, the court shall issue a new order that reclassifies the child as a juvenile offender registrant, specifies that the child has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and additionally classifies the child a public registry-qualified juvenile offender registrant if all of the following apply:
(a) The sexually oriented offense that was the basis of the previous order that classified the child a juvenile offender registrant was an act described in division (A)(1)(a) or (b) of this section.
(b) The child was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the act.
(c) The court imposed on the child a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code for the act described in division (A)(1)(a) or (b) of this section.
(B)(1) If an order is issued under division (A)(1), (2), or (3) of this section, the classification of tier III sex offender/child-victim offender automatically applies to the delinquent child based on the sexually oriented offense the child committed, subject to a possible reclassification pursuant to division (D) of this section for a child whose delinquent act was committed prior to January 1, 2008. If an order is issued under division (A)(2) of this section regarding a child whose delinquent act described in division (A)(1)(a) or (b) of this section was committed prior to January 1, 2008, or if an order is issued under division (A)(3) of this section regarding a delinquent child, the order shall inform the child and the child's parent, guardian, or custodian, that the child has a right to a hearing as described in division (D) of this section and inform the child and the child's parent, guardian, or custodian of the procedures for requesting the hearing and the period of time within which the request for the hearing must be made. Section 2152.831 of the Revised Code does not apply regarding an order issued under division (A)(1), (2), or (3) of this section.
(2) The judge that issues an order under division (A)(1), (2), or (3) of this section shall provide to the delinquent child who is the subject of the order and to the delinquent child's parent, guardian, or custodian the notice required under divisions (A) and (B) of section 2950.03 of the Revised Code and shall provide as part of that notice a copy of the order required under division (A)(1), (2), or (3) of this section. The judge shall include the order in the delinquent child's dispositional order and shall specify in the dispositional order that the order issued under division (A)(1), (2), or (3) of this section was made pursuant to this section.
(C) An order issued under division (A)(1), (2), or (3) of this section shall remain in effect for the period of time specified in section 2950.07 of the Revised Code as it exists on and after January 1, 2008, subject to a judicial termination of that period of time as provided in section 2950.15 of the Revised Code, subject to a possible reclassification of the child pursuant to division (D) of this section if the child's delinquent act was committed prior to January 1, 2008. If an order is issued under division (A)(1), (2), or (3) of this section, the child's attainment of eighteen or twenty-one years of age does not affect or terminate the order, and the order remains in effect for the period of time described in this division. If an order is issued under division (A)(3) of this section, the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code based upon that order 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 to comply with those sections imposed upon the child prior to January 1, 2008, under the order issued under section 2152.82, 2152.83, 2152.84, or 2152.85 and Chapter 2950. of the Revised Code.
(D)(1) If an order is issued under division (A)(2) of this section regarding a delinquent child whose delinquent act described in division (A)(1)(a) or (b) of this section was committed prior to January 1, 2008, or if an order is issued under division (A)(3) of this section regarding a delinquent child, except as otherwise provided in this division, the child may request as a matter of right a court hearing to contest the court's classification in the order of the child as a public registry-qualified juvenile offender registrant. To request the hearing, not later than the date that is sixty days after the delinquent child is provided with the copy of the order, the delinquent child shall file a petition with the juvenile court that issued the order.
If the delinquent child requests a hearing by timely filing a petition with the juvenile court, the delinquent child shall serve a copy of the petition on the prosecutor who handled the case in which the delinquent child was adjudicated a delinquent child for committing the sexually oriented offense or child-victim oriented offense that resulted in the delinquent child's registration duty under section 2950.04 or 2950.041 of the Revised Code. The prosecutor shall represent the interest of the state in the hearing. In any hearing under this division, the Rules of Juvenile Procedure apply except to the extent that those Rules would by their nature be clearly inapplicable. The court shall schedule a hearing and shall provide notice to the delinquent child and the delinquent child's parent, guardian, or custodian and to the prosecutor of the date, time, and place of the hearing.
If the delinquent child requests a hearing in accordance with this division, until the court issues its decision at or subsequent to the hearing, the delinquent child shall comply with Chapter 2950. of the Revised Code as it exists on and after January 1, 2008. If a delinquent child requests a hearing in accordance with this division, at the hearing, all parties are entitled to be heard, and the court shall consider all relevant information and testimony presented relative to the issue of whether the child should be classified a public registry-qualified juvenile offender registrant. Notwithstanding the court's classification of the delinquent child as a public registry-qualified juvenile offender registrant, the court may terminate that classification if it determines by clear and convincing evidence that the classification is in error.
If the court decides to terminate the court's classification of the delinquent child as a public registry-qualified juvenile offender registrant, the court shall issue an order that specifies that it has determined that the child is not a public registry-qualified juvenile offender registrant and that it has terminated the court's classification of the delinquent child as a public registry-qualified juvenile offender registrant. The court promptly shall serve a copy of the order upon the sheriff with whom the delinquent child most recently registered under section 2950.04 or 2950.041 of the Revised Code and upon the bureau of criminal identification and investigation. The delinquent child and the prosecutor have the right to appeal the decision of the court issued under this division.
If the delinquent child fails to request a hearing in accordance with this division within the applicable sixty-day period specified in this division, the failure constitutes a waiver by the delinquent child of the delinquent child's right to a hearing under this division, and the delinquent child is bound by the court's classification of the delinquent child as a public registry-qualified juvenile offender registrant.
(2) An order issued under division (D)(1) of this section is independent of any order of a type described in division (F) of section 2950.031 of the Revised Code or division (E) of section 2950.032 of the Revised Code, and the court may issue an order under both division (D)(1) of this section and an order of a type described in division (F) of section 2950.031 of the Revised Code or division (E) of section 2950.032 of the Revised Code. A court that conducts a hearing under division (D)(1) of this section may consolidate that hearing with a hearing conducted for the same delinquent child under division (F) of section 2950.031 of the Revised Code or division (E) of section 2950.032 of the Revised Code.
Sec. 2743.191. (A)(1) There is hereby created in the state treasury the reparations fund, which shall be used only for the following purposes:
(a) The payment of awards of reparations that are granted by the attorney general;
(b) The compensation of any personnel needed by the attorney general to administer sections 2743.51 to 2743.72 of the Revised Code;
(c) The compensation of witnesses as provided in division (J) of section 2743.65 of the Revised Code;
(d) Other administrative costs of hearing and determining claims for an award of reparations by the attorney general;
(e) The costs of administering sections 2907.28 and 2969.01 to 2969.06 of the Revised Code;
(f) The costs of investigation and decision-making as certified by the attorney general;
(g) The provision of state financial assistance to victim assistance programs in accordance with sections 109.91 and 109.92 of the Revised Code;
(h) The costs of paying the expenses of sex offense-related examinations and antibiotics pursuant to section 2907.28 of the Revised Code;
(i) The cost of printing and distributing the pamphlet prepared by the attorney general pursuant to section 109.42 of the Revised Code;
(j) Subject to division (D) of section 2743.71 of the Revised Code, the costs associated with the printing and providing of information cards or other printed materials to law enforcement agencies and prosecuting authorities and with publicizing the availability of awards of reparations pursuant to section 2743.71 of the Revised Code;
(k) The payment of costs of administering a DNA specimen collection procedure pursuant to sections 2152.74 and 2901.07 of the Revised Code, of performing DNA analysis of those DNA specimens, and of entering the resulting DNA records regarding those analyses into the DNA database pursuant to section 109.573 of the Revised Code;
(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year;
(m) The costs of administering the adult parole authority's
supervision pursuant to division (E) of section 2971.05 of the
Revised Code of sexually violent predators who are sentenced to a
prison term pursuant to division (A)(3) of section 2971.03 of the
Revised Code, and of offenders who are sentenced to a prison term
pursuant to division (B)(1)(a), (b), or (c), (B)(2)(a), (b), or
(c), or (B)(3)(a), (b), (c), or (d) of that section for a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code, and of offenders who are sentenced to a prison term pursuant
to division (B)(2)(a), (b), or (c) of section 2971.03 of the
Revised Code for attempted rape and a specification of the type
described in section 2941.1418, 2941.1419, 2941.1420 of the
Revised Code.
(2) All costs paid pursuant to section 2743.70 of the Revised Code, the portions of license reinstatement fees mandated by division (F)(2)(b) of section 4511.191 of the Revised Code to be credited to the fund, the portions of the proceeds of the sale of a forfeited vehicle specified in division (C)(2) of section 4503.234 of the Revised Code, payments collected by the department of rehabilitation and correction from prisoners who voluntarily participate in an approved work and training program pursuant to division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and all moneys collected by the state pursuant to its right of subrogation provided in section 2743.72 of the Revised Code shall be deposited in the fund.
(B) In making an award of reparations, the attorney general shall render the award against the state. The award shall be accomplished only through the following procedure, and the following procedure may be enforced by writ of mandamus directed to the appropriate official:
(1) The attorney general shall provide for payment of the claimant or providers in the amount of the award only if the amount of the award is fifty dollars or more.
(2) The expense shall be charged against all available unencumbered moneys in the fund.
(3) If sufficient unencumbered moneys do not exist in the fund, the attorney general shall make application for payment of the award out of the emergency purposes account or any other appropriation for emergencies or contingencies, and payment out of this account or other appropriation shall be authorized if there are sufficient moneys greater than the sum total of then pending emergency purposes account requests or requests for releases from the other appropriations.
(4) If sufficient moneys do not exist in the account or any other appropriation for emergencies or contingencies to pay the award, the attorney general shall request the general assembly to make an appropriation sufficient to pay the award, and no payment shall be made until the appropriation has been made. The attorney general shall make this appropriation request during the current biennium and during each succeeding biennium until a sufficient appropriation is made. If, prior to the time that an appropriation is made by the general assembly pursuant to this division, the fund has sufficient unencumbered funds to pay the award or part of the award, the available funds shall be used to pay the award or part of the award, and the appropriation request shall be amended to request only sufficient funds to pay that part of the award that is unpaid.
(C) The attorney general shall not make payment on a decision or order granting an award until all appeals have been determined and all rights to appeal exhausted, except as otherwise provided in this section. If any party to a claim for an award of reparations appeals from only a portion of an award, and a remaining portion provides for the payment of money by the state, that part of the award calling for the payment of money by the state and not a subject of the appeal shall be processed for payment as described in this section.
(D) The attorney general shall prepare itemized bills for the costs of printing and distributing the pamphlet the attorney general prepares pursuant to section 109.42 of the Revised Code. The itemized bills shall set forth the name and address of the persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.
Sec. 2901.07. (A) As used in this section:
(1) "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.
(2) "Jail" and "community-based correctional facility" have the same meanings as in section 2929.01 of the Revised Code.
(3) "Post-release control" has the same meaning as in section 2967.01 of the Revised Code.
(B)(1) Regardless of when the conviction occurred or the guilty plea was entered, a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense and who is sentenced to a prison term or to a community residential sanction in a jail or community-based correctional facility for that offense pursuant to section 2929.16 of the Revised Code, and a person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a misdemeanor offense listed in division (D) of this section and who is sentenced to a term of imprisonment for that offense shall submit to a DNA specimen collection procedure administered by the director of rehabilitation and correction or the chief administrative officer of the jail or other detention facility in which the person is serving the term of imprisonment. If the person serves the prison term in a state correctional institution, the director of rehabilitation and correction shall cause the DNA specimen to be collected from the person during the intake process at the reception facility designated by the director. If the person serves the community residential sanction or term of imprisonment in a jail, a community-based correctional facility, or another county, multicounty, municipal, municipal-county, or multicounty-municipal detention facility, the chief administrative officer of the jail, community-based correctional facility, or detention facility shall cause the DNA specimen to be collected from the person during the intake process at the jail, community-based correctional facility, or detention facility. The DNA specimen shall be collected in accordance with division (C) of this section.
(2) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section, is serving a prison term, community residential sanction, or term of imprisonment for that offense, and does not provide a DNA specimen pursuant to division (B)(1) of this section, prior to the person's release from the prison term, community residential sanction, or imprisonment, the person shall submit to, and the director of rehabilitation and correction or the chief administrative officer of the jail, community-based correctional facility, or detention facility in which the person is serving the prison term, community residential sanction, or term of imprisonment shall administer, a DNA specimen collection procedure at the state correctional institution, jail, community-based correctional facility, or detention facility in which the person is serving the prison term, community residential sanction, or term of imprisonment. The DNA specimen shall be collected in accordance with division (C) of this section.
(3)(a) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section and the person is on probation, released on parole, under transitional control, on community control, on post-release control, or under any other type of supervised release under the supervision of a probation department or the adult parole authority for that offense, the person shall submit to a DNA specimen collection procedure administered by the chief administrative officer of the probation department or the adult parole authority. The DNA specimen shall be collected in accordance with division (C) of this section. If the person refuses to submit to a DNA specimen collection procedure as provided in this division, the person may be subject to the provisions of section 2967.15 of the Revised Code.
(b) If a person to whom division (B)(3)(a) of this section applies is sent to jail or is returned to a jail, community-based correctional facility, or state correctional institution for a violation of the terms and conditions of the probation, parole, transitional control, other release, or post-release control, if the person was or will be serving a term of imprisonment, prison term, or community residential sanction for committing a felony offense or for committing a misdemeanor offense listed in division (D) of this section, and if the person did not provide a DNA specimen pursuant to division (B)(1), (2) or (3)(a) of this section, the person shall submit to, and the director of rehabilitation and correction or the chief administrative officer of the jail or community-based correctional facility shall administer, a DNA specimen collection procedure at the jail, community-based correctional facility, or state correctional institution in which the person is serving the term of imprisonment, prison term, or community residential sanction. The DNA specimen shall be collected from the person in accordance with division (C) of this section.
(4) Regardless of when the conviction occurred or the guilty plea was entered, if a person has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a felony offense or a misdemeanor offense listed in division (D) of this section, the person is not sentenced to a prison term, a community residential sanction in a jail or community-based correctional facility, a term of imprisonment, or any type of supervised release under the supervision of a probation department or the adult parole authority, and the person does not provide a DNA specimen pursuant to division (B)(1), (2), (3)(a), or (3)(b) of this section, the sentencing court shall order the person to report to the county probation department immediately after sentencing to submit to a DNA specimen collection procedure administered by the chief administrative officer of the county probation office. If the person is incarcerated at the time of sentencing, the person shall submit to a DNA specimen collection procedure administered by the director of rehabilitation and correction or the chief administrative officer of the jail or other detention facility in which the person is incarcerated. The DNA specimen shall be collected in accordance with division (C) of this section.
(C) If the DNA specimen is collected by withdrawing blood from the person or a similarly invasive procedure, a physician, registered nurse, licensed practical nurse, duly licensed clinical laboratory technician, or other qualified medical practitioner shall collect in a medically approved manner the DNA specimen required to be collected pursuant to division (B) of this section. If the DNA specimen is collected by swabbing for buccal cells or a similarly noninvasive procedure, this section does not require that the DNA specimen be collected by a qualified medical practitioner of that nature. No later than fifteen days after the date of the collection of the DNA specimen, the director of rehabilitation and correction or the chief administrative officer of the jail, community-based correctional facility, or other county, multicounty, municipal, municipal-county, or multicounty-municipal detention facility, in which the person is serving the prison term, community residential sanction, or term of imprisonment shall cause the DNA specimen to be forwarded to the bureau of criminal identification and investigation in accordance with procedures established by the superintendent of the bureau under division (H) of section 109.573 of the Revised Code. The bureau shall provide the specimen vials, mailing tubes, labels, postage, and instructions needed for the collection and forwarding of the DNA specimen to the bureau.
(D) The director of rehabilitation and correction, the chief administrative officer of the jail, community-based correctional facility, or other county, multicounty, municipal, municipal-county, or multicounty-municipal detention facility, or the chief administrative officer of a county probation department or the adult parole authority shall cause a DNA specimen to be collected in accordance with divisions (B) and (C) of this section from a person in its custody or under its supervision who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to any felony offense or any of the following misdemeanor offenses:
(1) A misdemeanor violation, an attempt to commit a misdemeanor violation, or complicity in committing a misdemeanor violation of section 2907.04 of the Revised Code;
(2) A misdemeanor violation of any law that arose out of the same facts and circumstances and same act as did a charge against the person of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that previously was dismissed or amended or as did a charge against the person of a violation of section 2907.12 of the Revised Code as it existed prior to September 3, 1996, that previously was dismissed or amended;
(3) A misdemeanor violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had it been committed prior to that date;
(4) A sexually oriented offense or a child-victim oriented
offense, both as defined in section
2950.01 of the
Revised Code,
that is a misdemeanor, if, in relation to that offense, the
offender
has been adjudicated a sexual predator, child-victim
predator, habitual sex offender, or habitual is a tier III sex
offender/child-victim offender, all as
defined in
section 2950.01
of the Revised Code.
(E) The director of rehabilitation and correction may prescribe rules in accordance with Chapter 119. of the Revised Code to collect a DNA specimen, as provided in this section, from an offender whose supervision is transferred from another state to this state in accordance with the interstate compact for adult offender supervision described in section 5149.21 of the Revised Code.
Sec. 2903.211. (A)(1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
(2) No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A)(1) of this section.
(3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.
(B) Whoever violates this section is guilty of menacing by stalking.
(1) Except as otherwise provided in divisions (B)(2) and (3) of this section, menacing by stalking is a misdemeanor of the first degree.
(2) Menacing by stalking is a felony of the fourth degree if any of the following applies:
(a) The offender previously has been convicted of or pleaded guilty to a violation of this section or a violation of section 2911.211 of the Revised Code.
(b) In committing the offense
under division (A)(1) or, (2),
or (3)
of this section, the offender made a threat of
physical
harm to or
against the victim, or as a result of an offense
committed under
division (A)(2) or (3) of this section, a third
person induced by the
offender's posted message made a threat of
physical harm to or
against the victim.
(c) In committing the offense
under division (A)(1) or, (2),
or (3)
of this section, the offender trespassed on
the land or
premises
where the victim lives, is employed, or
attends
school,
or as a
result of an offense committed under division (A)(2) or
(3) of this
section, a third person induced by the offender's
posted message
trespassed on the land or premises where the victim
lives, is
employed, or attends school.
(d) The victim of the offense is a minor.
(e) The offender has a history of violence toward the victim or any other person or a history of other violent acts toward the victim or any other person.
(f) While committing the offense under division (A)(1) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(1) of this section, the offender had a deadly weapon on or about the offender's person or under the offender's control. Division (B)(2)(f) of this section does not apply in determining the penalty for a violation of division (A)(2) of this section or a violation of division (A)(3) of this section based on conduct in violation of division (A)(2) of this section.
(g) At the time of the commission of the offense, the offender was the subject of a protection order issued under section 2903.213 or 2903.214 of the Revised Code, regardless of whether the person to be protected under the order is the victim of the offense or another person.
(h) In committing the offense
under division (A)(1) or, (2),
or (3)
of this section, the offender caused serious
physical harm
to
the
premises at which the victim resides, to the
real property
on
which that
premises is located, or to any
personal property
located on that premises, or, as a result of an offense committed
under division (A)(2) of this section or an offense committed
under division (A)(3) of this section based on a violation of
division (A)(2) of this section, a third person induced by
the
offender's posted message caused serious physical harm to that
premises, that real property, or any personal property on that
premises.
(i) Prior to committing the offense, the offender had been determined to represent a substantial risk of physical harm to others as manifested by evidence of then-recent homicidal or other violent behavior, evidence of then-recent threats that placed another in reasonable fear of violent behavior and serious physical harm, or other evidence of then-present dangerousness.
(3) If the victim of the offense is an officer or employee of a public children services agency or a private child placing agency and the offense relates to the officer's or employee's performance or anticipated performance of official responsibilities or duties, menacing by stalking is either a felony of the fifth degree or, if the offender previously has been convicted of or pleaded guilty to an offense of violence, the victim of that prior offense was an officer or employee of a public children services agency or private child placing agency, and that prior offense related to the officer's or employee's performance or anticipated performance of official responsibilities or duties, a felony of the fourth degree.
(C) Section 2919.271 of the Revised Code applies in relation to a defendant charged with a violation of this section.
(D) As used in this section:
(1) "Pattern of conduct" means two or more actions or incidents closely related in time, whether or not there has been a prior conviction based on any of those actions or incidents. Actions or incidents that prevent, obstruct, or delay the performance by a public official, firefighter, rescuer, emergency medical services person, or emergency facility person of any authorized act within the public official's, firefighter's, rescuer's, emergency medical services person's, or emergency facility person's official capacity, or the posting of messages or receipt of information or data through the use of an electronic method of remotely transferring information, including, but not limited to, a computer, computer network, computer program, computer system, or telecommunications device, may constitute a "pattern of conduct."
(2) "Mental distress" means any of the following:
(a) Any mental illness or condition that involves some temporary substantial incapacity;
(b) Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services.
(3) "Emergency medical services person" is the singular of "emergency medical services personnel" as defined in section 2133.21 of the Revised Code.
(4) "Emergency facility person" is the singular of "emergency facility personnel" as defined in section 2909.04 of the Revised Code.
(5) "Public official" has the same meaning as in section 2921.01 of the Revised Code.
(6) "Computer," "computer network," "computer program," "computer system," and "telecommunications device" have the same meanings as in section 2913.01 of the Revised Code.
(7) "Post a message" means transferring, sending, posting, publishing, disseminating, or otherwise communicating, or attempting to transfer, send, post, publish, disseminate, or otherwise communicate, any message or information, whether truthful or untruthful, about an individual, and whether done under one's own name, under the name of another, or while impersonating another.
(8) "Third person" means, in relation to conduct as described in division (A)(2) of this section, an individual who is neither the offender nor the victim of the conduct.
(9) "Sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
(E) The state does not need to prove in a prosecution under this section that a person requested or received psychiatric treatment, psychological treatment, or other mental health services in order to show that the person was caused mental distress as described in division (D)(2)(b) of this section.
(F)(1) This section does not apply to a person solely because the person provided access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information, and that do not include the creation of the content of the material that is the subject of the access or connection. In addition, any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section.
(2) Division (F)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of this section except as otherwise provided by law.
(3) Division (F)(1) of this section does not apply to a person who conspires with a person actively involved in the creation or knowing distribution of material in violation of this section or who knowingly advertises the availability of material of that nature.
Sec. 2905.01. (A) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall remove another from the place where the other person is found or restrain the liberty of the other person, for any of the following purposes:
(1) To hold for ransom, or as a shield or hostage;
(2) To facilitate the commission of any felony or flight thereafter;
(3) To terrorize, or to inflict serious physical harm on the victim or another;
(4) To engage in sexual activity, as defined in section 2907.01 of the Revised Code, with the victim against the victim's will;
(5) To hinder, impede, or obstruct a function of government, or to force any action or concession on the part of governmental authority.
(B) No person, by force, threat, or deception, or, in the case of a victim under the age of thirteen or mentally incompetent, by any means, shall knowingly do any of the following, under circumstances that create a substantial risk of serious physical harm to the victim or, in the case of a minor victim, under circumstances that either create a substantial risk of serious physical harm to the victim or cause physical harm to the victim:
(1) Remove another from the place where the other person is found;
(2) Restrain another of his the other person's liberty;
(3) Hold another in a condition of involuntary servitude.
(C) Whoever violates this section is guilty of kidnapping.
Except as otherwise provided in this division, kidnapping is
a
felony of the first degree. If Except as otherwise provided in
this division, if the offender
releases the victim in a safe place
unharmed, kidnapping is a felony of the
second degree. If the
victim of the offense is less than thirteen years of age and if
the offender also is convicted of or pleads guilty to a sexual
motivation specification that was included in the indictment,
count in the indictment, or information charging the offense,
kidnapping is a felony of the first degree, and, notwithstanding
the definite sentence provided for a felony of the first degree in
section 2929.14 of the Revised Code, the offender shall be
sentenced pursuant to section 2971.03 of the Revised Code as
follows:
(1) Except as otherwise provided in division (C)(2) of this section, the offender shall be sentenced pursuant to that section to an indefinite prison term consisting of a minimum term of fifteen years and a maximum term of life imprisonment.
(2) If the offender releases the victim in a safe place unharmed, the offender shall be sentenced pursuant to that section to an indefinite term consisting of a minimum term of ten years and a maximum term of life imprisonment.
(D) As used in this section, "sexual motivation specification" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2905.02. (A) No person, without privilege to do so, shall knowingly do any of the following:
(1) By force or threat, remove another from the place where the other person is found;
(2) By force or threat, restrain the liberty of another
person, under circumstances
which that create a risk of physical
harm to the victim, or place the
other person in fear;
(3) Hold another in a condition of involuntary servitude.
(B) No person, with a sexual motivation, shall violate division (A) of this section.
(C) Whoever violates this section is guilty of abduction, a felony of the third degree.
(D) As used in this section, "sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2905.03. (A) No person, without privilege to do so,
shall knowingly
restrain another of his the other person's
liberty.
(B) No person, without privilege to do so and with a sexual motivation, shall knowingly restrain another of the other person's liberty.
(C) Whoever violates this section is guilty of unlawful restraint, a misdemeanor of the third degree.
(D) As used in this section, "sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
Sec. 2905.05. (A) No person, by any means and without privilege to do so, shall knowingly solicit, coax, entice, or lure any child under fourteen years of age to accompany the person in any manner, including entering into any vehicle or onto any vessel, whether or not the offender knows the age of the child, if both of the following apply:
(1) The actor does not have the express or implied permission of the parent, guardian, or other legal custodian of the child in undertaking the activity.
(2) The actor is not a law enforcement officer, medic, firefighter, or other person who regularly provides emergency services, and is not an employee or agent of, or a volunteer acting under the direction of, any board of education, or the actor is any of such persons, but, at the time the actor undertakes the activity, the actor is not acting within the scope of the actor's lawful duties in that capacity.
(B) No person, with a sexual motivation, shall violate division (A) of this section.
(C) It is an affirmative defense to a charge under division (A) of this section that the actor undertook the activity in response to a bona fide emergency situation or that the actor undertook the activity in a reasonable belief that it was necessary to preserve the health, safety, or welfare of the child.
(C)(D) Whoever violates this section is guilty of criminal
child enticement, a misdemeanor of the first degree. If the
offender previously has been convicted of a violation
of this
section, section 2907.02, or 2907.03, or former section 2907.12 of
the
Revised Code,
or section 2905.01 or 2907.05 of the
Revised
Code when the victim
of that prior offense was under
seventeen
years of age at the time
of the offense, criminal child
enticement
is a felony of the fifth
degree.
(D)(E) As used in this section:
(1) "Sexual motivation" has the same meaning as in section 2971.01 of the Revised Code.
(2) "Vehicle" has the same meaning as in section 4501.01 of the Revised Code.
(2)(3) "Vessel" has the same meaning as in section 1547.01 of
the Revised Code.
Sec. 2907.01. As used in sections 2907.01 to 2907.38 of the Revised Code:
(A) "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex; and, without privilege to do so, the insertion, however slight, of any part of the body or any instrument, apparatus, or other object into the vaginal or anal opening of another. Penetration, however slight, is sufficient to complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
(C) "Sexual activity" means sexual conduct or sexual contact, or both.
(D) "Prostitute" means a male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another.
(E) "Harmful to juveniles" means that quality of any material or performance describing or representing nudity, sexual conduct, sexual excitement, or sado-masochistic abuse in any form to which all of the following apply:
(1)
The material or performance, when
considered as a whole,
appeals to the prurient interest
in sex of
juveniles in sex.
(2) The material or performance is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for juveniles.
(3) The material or performance, when considered as a whole, lacks serious literary, artistic, political, and scientific value for juveniles.
(F) When considered as a whole, and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, judged with reference to that group, any material or performance is "obscene" if any of the following apply:
(1) Its dominant appeal is to prurient interest;
(2) Its dominant tendency is to arouse lust by displaying or depicting sexual activity, masturbation, sexual excitement, or nudity in a way that tends to represent human beings as mere objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying or depicting bestiality or extreme or bizarre violence, cruelty, or brutality;
(4) Its dominant tendency is to appeal to scatological interest by displaying or depicting human bodily functions of elimination in a way that inspires disgust or revulsion in persons with ordinary sensibilities, without serving any genuine scientific, educational, sociological, moral, or artistic purpose;
(5) It contains a series of displays or descriptions of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.
(G) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(H) "Nudity" means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
(I) "Juvenile" means an unmarried person under the age of eighteen.
(J) "Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other tangible thing capable of arousing interest through sight, sound, or touch and includes an image or text appearing on a computer monitor, television screen, liquid crystal display, or similar display device or an image or text recorded on a computer hard disk, computer floppy disk, compact disk, magnetic tape, or similar data storage device.
(K) "Performance" means any motion picture, preview, trailer, play, show, skit, dance, or other exhibition performed before an audience.
(L) "Spouse" means a person married to an offender at the time of an alleged offense, except that such person shall not be considered the spouse when any of the following apply:
(1) When the parties have entered into a written separation agreement authorized by section 3103.06 of the Revised Code;
(2) During the pendency of an action between the parties for annulment, divorce, dissolution of marriage, or legal separation;
(3) In the case of an action for legal separation, after the effective date of the judgment for legal separation.
(M) "Minor" means a person under the age of eighteen.
(N) "Mental health client or patient" has the same meaning as in section 2305.51 of the Revised Code.
(O) "Mental health professional" has the same meaning as in section 2305.115 of the Revised Code.
(P) "Sado-masochistic abuse" means flagellation or torture by or upon a person or the condition of being fettered, bound, or otherwise physically restrained.
Sec. 2907.02. (A)(1) No person shall engage in sexual conduct with another who is not the spouse of the offender or who is the spouse of the offender but is living separate and apart from the offender, when any of the following applies:
(a) For the purpose of preventing resistance, the offender substantially impairs the other person's judgment or control by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(b) The other person is less than thirteen years of age, whether or not the offender knows the age of the other person.
(c) The other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person's ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age.
(2) No person shall engage in sexual conduct with another when the offender purposely compels the other person to submit by force or threat of force.
(B) Whoever violates this section is guilty of
rape, a
felony
of the first degree. If the offender under
division
(A)(1)(a) of
this section
substantially impairs the other person's
judgment or
control by administering
any controlled substance
described in
section 3719.41 of the
Revised Code
to the other
person
surreptitiously or by force, threat of force, or
deception,
the
prison term imposed upon the offender shall be one of the
prison
terms prescribed for a felony of the first degree in
section
2929.14
of the Revised Code that is not less than five
years.
Except as otherwise provided in this division, notwithstanding
sections 2929.11 to 2929.14 of the Revised Code, an offender under
division (A)(1)(b) of this section
shall be sentenced to a prison
term or term of life imprisonment pursuant to section 2971.03 of
the Revised Code.
If an offender is convicted of or pleads guilty
to a violation of division (A)(1)(b) of this section, if the
offender was less than sixteen years of age at the time the
offender committed the violation of that division, and if the
offender during or immediately after the commission of the offense
did not cause serious physical harm to the victim, the victim was
ten years of age or older at the time of the commission of the
violation, and the offender has not previously been convicted of
or pleaded guilty to a violation of this section or a
substantially similar existing or former law of this state,
another state, or the United States, the court shall not sentence
the offender to a prison term or term of life imprisonment
pursuant to section 2971.03 of the Revised Code, and instead the
court shall sentence the offender as otherwise provided in this
division. If an offender under
division (A)(1)(b) of this section
previously
has been convicted
of or pleaded guilty to violating
division
(A)(1)(b) of this
section or to violating an existing or
former law of this state, another state,
or the United
States that
is substantially similar to division
(A)(1)(b) of this
section, if
the offender during or immediately after the
commission of the
offense caused serious physical harm to the
victim, or if the
victim under division (A)(1)(b) of this section is less than ten
years of age, in lieu of sentencing the offender to a prison term
or term of life imprisonment pursuant to section 2971.03 of the
Revised Code, the court may impose upon the offender a term of
life without parole. If the court imposes a term of life without
parole pursuant to this division, division (F) of section 2971.03
of the Revised Code applies, and the offender automatically is
classified a sexual predator tier III sex offender/child-victim
offender, as described in that division.
(C) A victim need not prove physical resistance to the offender in prosecutions under this section.
(D) Evidence of specific instances of the victim's sexual activity, opinion evidence of the victim's sexual activity, and reputation evidence of the victim's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, or the victim's past sexual activity with the offender, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(E) Prior to taking testimony or receiving evidence of any sexual activity of the victim or the defendant in a proceeding under this section, the court shall resolve the admissibility of the proposed evidence in a hearing in chambers, which shall be held at or before preliminary hearing and not less than three days before trial, or for good cause shown during the trial.
(F) Upon approval by the court, the victim may be represented by counsel in any hearing in chambers or other proceeding to resolve the admissibility of evidence. If the victim is indigent or otherwise is unable to obtain the services of counsel, the court, upon request, may appoint counsel to represent the victim without cost to the victim.
(G) It is not a defense to a charge under division (A)(2) of this section that the offender and the victim were married or were cohabiting at the time of the commission of the offense.
Sec. 2907.05. (A) No person shall have sexual contact with another, not the spouse of the offender; cause another, not the spouse of the offender, to have sexual contact with the offender; or cause two or more other persons to have sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other persons, to submit by force or threat of force.
(2) For the purpose of preventing resistance, the offender substantially impairs the judgment or control of the other person or of one of the other persons by administering any drug, intoxicant, or controlled substance to the other person surreptitiously or by force, threat of force, or deception.
(3) The offender knows that the judgment or control of the other person or of one of the other persons is substantially impaired as a result of the influence of any drug or intoxicant administered to the other person with the other person's consent for the purpose of any kind of medical or dental examination, treatment, or surgery.
(4) The other person, or one of the other persons, is less than thirteen years of age, whether or not the offender knows the age of that person.
(5) The ability of the other person to resist or consent or the ability of one of the other persons to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the ability to resist or consent of the other person or of one of the other persons is substantially impaired because of a mental or physical condition or because of advanced age.
(B) No person shall knowingly touch the genitalia of another, when the touching is not through clothing, the other person is less than twelve years of age, whether or not the offender knows the age of that person, and the touching is done with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.
(C) Whoever violates this section is guilty of gross sexual imposition.
(1) Except as otherwise provided in this section, gross sexual imposition committed in violation of division (A)(1), (2), (3), or (5) of this section is a felony of the fourth degree. If the offender under division (A)(2) of this section substantially impairs the judgment or control of the other person or one of the other persons by administering any controlled substance described in section 3719.41 of the Revised Code to the person surreptitiously or by force, threat of force, or deception, gross sexual imposition committed in violation of division (A)(2) of this section is a felony of the third degree.
(2) Gross sexual imposition committed in violation of division (A)(4) or (B) of this section is a felony of the third degree. Except as otherwise provided in this division, for gross sexual imposition committed in violation of division (A)(4) or (B) of this section there is a presumption that a prison term shall be imposed for the offense. The court shall impose on an offender convicted of gross sexual imposition in violation of division (A)(4) or (B) of this section a mandatory prison term equal to one of the prison terms prescribed in section 2929.14 of the Revised Code for a felony of the third degree if either of the following applies:
(a) Evidence other than the testimony of the victim was admitted in the case corroborating the violation;
(b) The offender previously was convicted of or pleaded
guilty to a violation of this section, rape, the former offense of
felonious sexual penetration, or sexual battery, and the victim of
the previous offense was under less than thirteen years of age.
(C)(D) A victim need not prove physical resistance to the
offender in prosecutions under this section.
(D)(E) Evidence of specific instances of the victim's sexual
activity, opinion evidence of the victim's sexual activity, and
reputation evidence of the victim's sexual activity shall not be
admitted under this section unless it involves evidence of the
origin of semen, pregnancy, or disease, or the victim's past
sexual activity with the offender, and only to the extent that
the
court finds that the evidence is material to a fact at issue
in
the case and that its inflammatory or prejudicial nature does
not
outweigh its probative value.
Evidence of specific instances of the defendant's sexual activity, opinion evidence of the defendant's sexual activity, and reputation evidence of the defendant's sexual activity shall not be admitted under this section unless it involves evidence of the origin of semen, pregnancy, or disease, the defendant's past sexual activity with the victim, or is admissible against the defendant under section 2945.59 of the Revised Code, and only to the extent that the court finds that the evidence is material to a fact at issue in the case and that its inflammatory or prejudicial nature does not outweigh its probative value.
(E)(F) Prior to taking testimony or receiving evidence of any
sexual activity of the victim or the defendant in a proceeding
under this section, the court shall resolve the admissibility of
the proposed evidence in a hearing in chambers, which shall be
held at or before preliminary hearing and not less than three
days
before trial, or for good cause shown during the trial.
(F)(G) Upon approval by the court, the victim may be
represented by counsel in any hearing in chambers or other
proceeding to resolve the admissibility of evidence. If the
victim
is indigent or otherwise is unable to obtain the services
of
counsel, the court, upon request, may appoint counsel to
represent
the victim without cost to the victim.
Sec. 2921.34. (A)(1) No person, knowing the person is under detention or being reckless in that regard, shall purposely break or attempt to break the detention, or purposely fail to return to detention, either following temporary leave granted for a specific purpose or limited period, or at the time required when serving a sentence in intermittent confinement.
(2)(a) Division (A)(2)(b) of this section applies to any
person who is adjudicated a sexually violent predator and is
sentenced to a prison term pursuant to
division (A)(3) or (B) of
section 2971.03 of the Revised Code for the sexually violent
offense, to any person who is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after the effective date of this amendment
and is sentenced to a prison term pursuant to division (B)(1)(a),
(b), or (c) of section 2971.03 of the Revised Code for the
violation, and to any person who is convicted of or pleads guilty
to attempted rape committed on or after the effective date of this
amendment and a specification of the type described in section
2941.1418, 2941.1419, or 2941.1420 of the Revised Code and is
sentenced to a prison term pursuant to division (B)(2)(a), (b), or
(c) of section 2971.03 of the Revised Code for the attempted rape.
No
(b) No person to whom this division applies, for whom the requirement that the entire prison term imposed upon the person pursuant to division (A)(3) or (B) of section 2971.03 of the Revised Code be served in a state correctional institution has been modified pursuant to section 2971.05 of the Revised Code, and who, pursuant to that modification, is restricted to a geographic area, knowing that the person is under a geographic restriction or being reckless in that regard, shall purposely leave the geographic area to which the restriction applies or purposely fail to return to that geographic area following a temporary leave granted for a specific purpose or for a limited period of time.
(B) Irregularity in bringing about or maintaining detention, or lack of jurisdiction of the committing or detaining authority, is not a defense to a charge under this section if the detention is pursuant to judicial order or in a detention facility. In the case of any other detention, irregularity or lack of jurisdiction is an affirmative defense only if either of the following occurs:
(1) The escape involved no substantial risk of harm to the person or property of another.
(2) The detaining authority knew or should have known there was no legal basis or authority for the detention.
(C) Whoever violates this section is guilty of escape.
(1) If the offender, at the time of the commission of the offense, was under detention as an alleged or adjudicated delinquent child or unruly child and if the act for which the offender was under detention would not be a felony if committed by an adult, escape is a misdemeanor of the first degree.
(2) If the offender, at the time of the commission of the
offense, was under detention in any other manner, or if the
offender is a person who was adjudicated a
sexually violent
predator for whom the requirement that the entire prison term
imposed upon the person pursuant to division (A)(3) or (B) of
section 2971.03 of the Revised Code be served
in a state
correctional institution has been modified
pursuant to section
2971.05 of the Revised Code, the offender is a person who was
convicted of or pleaded guilty to committing on or after the
effective date of this amendment a violation of division (A)(1)(b)
of section 2907.02 of the Revised Code for whom the requirement
that the entire prison term imposed upon the person pursuant to
division (B)(1)(a), (b), or (c) of section 2971.03 of the Revised
Code be served in a state correctional institution has been
modified pursuant to section 2971.05 of the Revised Code, or the
offender is a person who was convicted of or pleaded guilty to
committing on or after the effective date of this amendment
attempted rape, who also was convicted of or pleaded guilty to a
specification of the type described in section 2941.1418,
2941.1419, or 2941.1420 of the Revised Code, who was sentenced
pursuant to division (B)(2)(a), (b), or (c) of section 2971.03 of
the Revised Code, and for whom the requirement that the entire
prison term imposed pursuant to that division be served in a state
correctional institution has been modified pursuant to section
2971.05 of the Revised Code, escape is one
of the following:
(a) A felony of the second
degree, when the
most serious
offense for which the person was under detention or
for which the
person had been sentenced to the prison term under division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
is
aggravated murder, murder, or a felony of the first
or second
degree or, if the person was under detention
as an alleged or
adjudicated delinquent child, when the most
serious act for which
the person was under detention would be
aggravated murder, murder,
or a felony of the first
or second degree if committed by an
adult;
(b) A felony of the
third degree, when the most serious
offense for which the
person was under detention or for which the
person had been sentenced to the prison term under division
(A)(3), (B)(1)(a), (b), or (c), or (B)(2)(a), (b), or (c), or
(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code
is a felony of the third, fourth, or fifth degree or an
unclassified felony or, if the person was under detention as an
alleged or adjudicated delinquent child, when the most serious
act
for which the person was under detention would be a felony of the
third, fourth, or fifth degree or an unclassified felony if
committed
by an adult;
(c) A felony of the fifth degree, when any of the following applies:
(i) The most serious offense for which the person was under detention is a misdemeanor.
(ii) The person was found not guilty by reason of insanity, and the person's detention consisted of hospitalization, institutionalization, or confinement in a facility under an order made pursuant to or under authority of section 2945.40, 2945.401, or 2945.402 of the Revised Code.
(d) A misdemeanor of the first degree, when the most serious offense for which the person was under detention is a misdemeanor and when the person fails to return to detention at a specified time following temporary leave granted for a specific purpose or limited period or at the time required when serving a sentence in intermittent confinement.
(D) As used in this section:
(1) "Adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code, and a person is
"adjudicated a sexually violent predator" in the same manner and
the same circumstances as are described in that section.
(2) "Sexually violent offense" has the same meaning as in
section 2971.01 of the Revised Code.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to division (A)(2) of this section, any facility other than an offender's home or residence in which an offender is assigned to live and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek or maintain employment or may receive education, training, treatment, or habilitation.
(b) It has received the appropriate license or certificate for any specialized education, training, treatment, habilitation, or other service that it provides from the government agency that is responsible for licensing or certifying that type of education, training, treatment, habilitation, or service.
(2) "Alternative residential facility" does not include a community-based correctional facility, jail, halfway house, or prison.
(B) "Bad time" means the time by which the parole board administratively extends an offender's stated prison term or terms pursuant to section 2967.11 of the Revised Code because the parole board finds by clear and convincing evidence that the offender, while serving the prison term or terms, committed an act that is a criminal offense under the law of this state or the United States, whether or not the offender is prosecuted for the commission of that act.
(C) "Basic probation supervision" means a requirement that the offender maintain contact with a person appointed to supervise the offender in accordance with sanctions imposed by the court or imposed by the parole board pursuant to section 2967.28 of the Revised Code. "Basic probation supervision" includes basic parole supervision and basic post-release control supervision.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and "unit dose" have the same meanings as in section 2925.01 of the Revised Code.
(E) "Community-based correctional facility" means a community-based correctional facility and program or district community-based correctional facility and program developed pursuant to sections 2301.51 to 2301.58 of the Revised Code.
(F) "Community control sanction" means a sanction that is not a prison term and that is described in section 2929.15, 2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction that is not a jail term and that is described in section 2929.26, 2929.27, or 2929.28 of the Revised Code. "Community control sanction" includes probation if the sentence involved was imposed for a felony that was committed prior to July 1, 1996, or if the sentence involved was imposed for a misdemeanor that was committed prior to January 1, 2004.
(G) "Controlled substance," "marihuana," "schedule I," and "schedule II" have the same meanings as in section 3719.01 of the Revised Code.
(H) "Curfew" means a requirement that an offender during a specified period of time be at a designated place.
(I) "Day reporting" means a sanction pursuant to which an offender is required each day to report to and leave a center or other approved reporting location at specified times in order to participate in work, education or training, treatment, and other approved programs at the center or outside the center.
(J) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised Code.
(K) "Drug and alcohol use monitoring" means a program under which an offender agrees to submit to random chemical analysis of the offender's blood, breath, or urine to determine whether the offender has ingested any alcohol or other drugs.
(L) "Drug treatment program" means any program under which a person undergoes assessment and treatment designed to reduce or completely eliminate the person's physical or emotional reliance upon alcohol, another drug, or alcohol and another drug and under which the person may be required to receive assessment and treatment on an outpatient basis or may be required to reside at a facility other than the person's home or residence while undergoing assessment and treatment.
(M) "Economic loss" means any economic detriment suffered by a victim as a direct and proximate result of the commission of an offense and includes any loss of income due to lost time at work because of any injury caused to the victim, and any property loss, medical cost, or funeral expense incurred as a result of the commission of the offense. "Economic loss" does not include non-economic loss or any punitive or exemplary damages.
(N) "Education or training" includes study at, or in conjunction with a program offered by, a university, college, or technical college or vocational study and also includes the completion of primary school, secondary school, and literacy curricula or their equivalent.
(O) "Firearm" has the same meaning as in section 2923.11 of the Revised Code.
(P) "Halfway house" means a facility licensed by the division of parole and community services of the department of rehabilitation and correction pursuant to section 2967.14 of the Revised Code as a suitable facility for the care and treatment of adult offenders.
(Q) "House arrest" means a period of confinement of an offender that is in the offender's home or in other premises specified by the sentencing court or by the parole board pursuant to section 2967.28 of the Revised Code and during which all of the following apply:
(1) The offender is required to remain in the offender's home or other specified premises for the specified period of confinement, except for periods of time during which the offender is at the offender's place of employment or at other premises as authorized by the sentencing court or by the parole board.
(2) The offender is required to report periodically to a person designated by the court or parole board.
(3) The offender is subject to any other restrictions and requirements that may be imposed by the sentencing court or by the parole board.
(R) "Intensive probation supervision" means a requirement that an offender maintain frequent contact with a person appointed by the court, or by the parole board pursuant to section 2967.28 of the Revised Code, to supervise the offender while the offender is seeking or maintaining necessary employment and participating in training, education, and treatment programs as required in the court's or parole board's order. "Intensive probation supervision" includes intensive parole supervision and intensive post-release control supervision.
(S) "Jail" means a jail, workhouse, minimum security jail, or other residential facility used for the confinement of alleged or convicted offenders that is operated by a political subdivision or a combination of political subdivisions of this state.
(T) "Jail term" means the term in a jail that a sentencing court imposes or is authorized to impose pursuant to section 2929.24 or 2929.25 of the Revised Code or pursuant to any other provision of the Revised Code that authorizes a term in a jail for a misdemeanor conviction.
(U) "Mandatory jail term" means the term in a jail that a sentencing court is required to impose pursuant to division (G) of section 1547.99 of the Revised Code, division (E) of section 2903.06 or division (D) of section 2903.08 of the Revised Code, division (E) of section 2929.24 of the Revised Code, division (B) of section 4510.14 of the Revised Code, or division (G) of section 4511.19 of the Revised Code or pursuant to any other provision of the Revised Code that requires a term in a jail for a misdemeanor conviction.
(V) "Delinquent child" has the same meaning as in section 2152.02 of the Revised Code.
(W) "License violation report" means a report that is made by a sentencing court, or by the parole board pursuant to section 2967.28 of the Revised Code, to the regulatory or licensing board or agency that issued an offender a professional license or a license or permit to do business in this state and that specifies that the offender has been convicted of or pleaded guilty to an offense that may violate the conditions under which the offender's professional license or license or permit to do business in this state was granted or an offense for which the offender's professional license or license or permit to do business in this state may be revoked or suspended.
(X) "Major drug offender" means an offender who is convicted of or pleads guilty to the possession of, sale of, or offer to sell any drug, compound, mixture, preparation, or substance that consists of or contains at least one thousand grams of hashish; at least one hundred grams of crack cocaine; at least one thousand grams of cocaine that is not crack cocaine; at least two thousand five hundred unit doses or two hundred fifty grams of heroin; at least five thousand unit doses of L.S.D. or five hundred grams of L.S.D. in a liquid concentrate, liquid extract, or liquid distillate form; or at least one hundred times the amount of any other schedule I or II controlled substance other than marihuana that is necessary to commit a felony of the third degree pursuant to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised Code that is based on the possession of, sale of, or offer to sell the controlled substance.
(Y) "Mandatory prison term" means any of the following:
(1) Subject to division (Y)(2) of this section, the term in prison that must be imposed for the offenses or circumstances set forth in divisions (F)(1) to (8) or (F)(12) to (14) of section 2929.13 and division (D) of section 2929.14 of the Revised Code. Except as provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and 2925.11 of the Revised Code, unless the maximum or another specific term is required under section 2929.14 or 2929.142 of the Revised Code, a mandatory prison term described in this division may be any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison that a sentencing court is required to impose for a third or fourth degree felony OVI offense pursuant to division (G)(2) of section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 of the Revised Code or the term of one, two, three, four, or five years in prison that a sentencing court is required to impose pursuant to division (G)(2) of section 2929.13 of the Revised Code.
(3) The term in prison imposed pursuant to division (A) of
section 2971.03
of the Revised Code for the offenses and in the
circumstances
described in
division (F)(11) of section 2929.13 of
the Revised
Code, or pursuant to division (B)(1)(a), (b), or (c),
(B)(2)(a), (b), or (c), or (B)(3)(a), (b), (c), or (d) of section
2971.03 of the Revised Code for the offense of rape committed on
or after the effective date of this amendment in violation of
division (A)(1)(b) of section 2907.02 of the Revised Code,
pursuant to division (B)(2)(a) of section 2971.03 of the Revised
Code for the offense of attempted rape committed on or after the
effective date of this amendment and a specification of the type
described in section 2941.1418 of the Revised Code, pursuant to
division (B)(2)(b) of section 2971.03 of the Revised Code for the
offense of attempted rape committed on or after the effective date
of this amendment and a specification of the type described in
section 2941.1419 of the Revised Code, or pursuant to division
(B)(2)(c) of section 2971.03 of the Revised Code for the offense
of attempted rape committed on or after the effective date of this
amendment and a specification of the type described in section
2941.1420 of the Revised Code and
that term as
modified or
terminated pursuant to
section
2971.05 of the Revised Code.
(Z) "Monitored time" means a period of time during which an offender continues to be under the control of the sentencing court or parole board, subject to no conditions other than leading a law-abiding life.
(AA) "Offender" means a person who, in this state, is convicted of or pleads guilty to a felony or a misdemeanor.
(BB) "Prison" means a residential facility used for the confinement of convicted felony offenders that is under the control of the department of rehabilitation and correction but does not include a violation sanction center operated under authority of section 2967.141 of the Revised Code.
(CC) "Prison term" includes any of the following sanctions for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the approval of, the sentencing court pursuant to section 2929.20, 2967.26, 5120.031, 5120.032, or 5120.073 of the Revised Code;
(3) A term in prison extended by bad time imposed pursuant to section 2967.11 of the Revised Code or imposed for a violation of post-release control pursuant to section 2967.28 of the Revised Code.
(DD) "Repeat violent offender" means a person about whom both of the following apply:
(1) The person is being sentenced for committing or for complicity in committing any of the following:
(a) Aggravated murder, murder, any felony of the first or second degree that is an offense of violence, or an attempt to commit any of these offenses if the attempt is a felony of the first or second degree;
(b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense described in division (DD)(1)(a) of this section.
(2) The person previously was convicted of or pleaded guilty to an offense described in division (DD)(1)(a) or (b) of this section.
(EE) "Sanction" means any penalty imposed upon an offender who is convicted of or pleads guilty to an offense, as punishment for the offense. "Sanction" includes any sanction imposed pursuant to any provision of sections 2929.14 to 2929.18 or 2929.24 to 2929.28 of the Revised Code.
(FF) "Sentence" means the sanction or combination of sanctions imposed by the sentencing court on an offender who is convicted of or pleads guilty to an offense.
(GG) "Stated prison term" means the prison term, mandatory prison term, or combination of all prison terms and mandatory prison terms imposed by the sentencing court pursuant to section 2929.14, 2929.142, or 2971.03 of the Revised Code. "Stated prison term" includes any credit received by the offender for time spent in jail awaiting trial, sentencing, or transfer to prison for the offense and any time spent under house arrest or house arrest with electronic monitoring imposed after earning credits pursuant to section 2967.193 of the Revised Code.
(HH) "Victim-offender mediation" means a reconciliation or mediation program that involves an offender and the victim of the offense committed by the offender and that includes a meeting in which the offender and the victim may discuss the offense, discuss restitution, and consider other sanctions for the offense.
(II) "Fourth degree felony OVI offense" means a violation of division (A) of section 4511.19 of the Revised Code that, under division (G) of that section, is a felony of the fourth degree.
(JJ) "Mandatory term of local incarceration" means the term of sixty or one hundred twenty days in a jail, a community-based correctional facility, a halfway house, or an alternative residential facility that a sentencing court may impose upon a person who is convicted of or pleads guilty to a fourth degree felony OVI offense pursuant to division (G)(1) of section 2929.13 of the Revised Code and division (G)(1)(d) or (e) of section 4511.19 of the Revised Code.
(KK) "Designated homicide, assault, or kidnapping offense," "violent sex offense," "sexual motivation specification," "sexually violent offense," "sexually violent predator," and "sexually violent predator specification" have the same meanings as in section 2971.01 of the Revised Code.
(LL) "Habitual sex offender," "sexually Sexually oriented
offense,"
"sexual predator," "registration-exempt sexually
oriented offense," "child-victim oriented offense," "habitual and
"tier III sex offender/child-victim offender," and "child-victim
predator" have the same meanings as in section 2950.01
of the
Revised Code.
(MM) An offense is "committed in the vicinity of a child" if the offender commits the offense within thirty feet of or within the same residential unit as a child who is under eighteen years of age, regardless of whether the offender knows the age of the child or whether the offender knows the offense is being committed within thirty feet of or within the same residential unit as the child and regardless of whether the child actually views the commission of the offense.
(NN) "Family or household member" has the same meaning as in section 2919.25 of the Revised Code.
(OO) "Motor vehicle" and "manufactured home" have the same meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same meanings as in section 2921.01 of the Revised Code.
(QQ) "Third degree felony OVI offense" means a violation of division (A) of section 4511.19 of the Revised Code that, under division (G) of that section, is a felony of the third degree.
(RR) "Random drug testing" has the same meaning as in section 5120.63 of the Revised Code.
(SS) "Felony sex offense" has the same meaning as in section 2967.28 of the Revised Code.
(TT) "Body armor" has the same meaning as in section 2941.1411 of the Revised Code.
(UU) "Electronic monitoring" means monitoring through the use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the following:
(1) Any device that can be operated by electrical or battery power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a person, that will transmit a specified signal to a receiver of the type described in division (VV)(1)(b) of this section if the transmitter is removed from the person, turned off, or altered in any manner without prior court approval in relation to electronic monitoring or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with, that can transmit continuously and periodically a signal to that receiver when the person is within a specified distance from the receiver, and that can transmit an appropriate signal to that receiver if the person to whom it is attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously the signals transmitted by a transmitter of the type described in division (VV)(1)(a) of this section, can transmit continuously those signals by telephone to a central monitoring computer of the type described in division (VV)(1)(c) of this section, and can transmit continuously an appropriate signal to that central monitoring computer if the receiver is turned off or altered without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can receive continuously the signals transmitted by telephone by a receiver of the type described in division (VV)(1)(b) of this section and can monitor continuously the person to whom an electronic monitoring device of the type described in division (VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in division (VV)(1) of this section and that conforms with all of the following:
(a) The device includes a transmitter and receiver that can monitor and determine the location of a subject person at any time, or at a designated point in time, through the use of a central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can determine at any time, or at a designated point in time, through the use of a central monitoring computer or other electronic means the fact that the transmitter is turned off or altered in any manner without prior approval of the court in relation to the electronic monitoring or without prior approval of the department of rehabilitation and correction in relation to the use of an electronic monitoring device for an inmate on transitional control or otherwise is tampered with.
(3) Any type of technology that can adequately track or determine the location of a subject person at any time and that is approved by the director of rehabilitation and correction, including, but not limited to, any satellite technology, voice tracking system, or retinal scanning system that is so approved.
(WW) "Non-economic loss" means nonpecuniary harm suffered by a victim of an offense as a result of or related to the commission of the offense, including, but not limited to, pain and suffering; loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education; mental anguish; and any other intangible loss.
(XX) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.
(YY) "Continuous alcohol monitoring" means the ability to automatically test and periodically transmit alcohol consumption levels and tamper attempts at least every hour, regardless of the location of the person who is being monitored.
(ZZ) A person is "adjudicated a sexually violent predator" if the person is convicted of or pleads guilty to a violent sex offense and also is convicted of or pleads guilty to a sexually violent predator specification that was included in the indictment, count in the indictment, or information charging that violent sex offense or if the person is convicted of or pleads guilty to a designated homicide, assault, or kidnapping offense and also is convicted of or pleads guilty to both a sexual motivation specification and a sexually violent predator specification that were included in the indictment, count in the indictment, or information charging that designated homicide, assault, or kidnapping offense.
Sec. 2929.02. (A) Whoever is convicted of or pleads guilty to aggravated murder in violation of section 2903.01 of the Revised Code shall suffer death or be imprisoned for life, as determined pursuant to sections 2929.022, 2929.03, and 2929.04 of the Revised Code, except that no person who raises the matter of age pursuant to section 2929.023 of the Revised Code and who is not found to have been eighteen years of age or older at the time of the commission of the offense shall suffer death. In addition, the offender may be fined an amount fixed by the court, but not more than twenty-five thousand dollars.
(B) Whoever (1) Except as otherwise provided in division
(B)(2) or (3) of this section, whoever is convicted of or pleads
guilty to murder in violation of
section 2903.02 of the Revised
Code shall be imprisoned for an indefinite
term of fifteen years
to life, except that, if the offender.
(2) Except as otherwise provided in division (B)(3) of this section, if a person is convicted of or pleads guilty to murder in violation of section 2903.02 of the Revised Code, the victim of the offense was less than thirteen years of age, and the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, the court shall impose an indefinite prison term of thirty years to life pursuant to division (B)(3) of section 2971.03 of the Revised Code.
(3) If a person is convicted of or pleads guilty to murder in
violation of section 2903.02 of the Revised Code and also is
convicted of or pleads guilty to a sexual motivation specification
and a
sexually violent predator specification that were included
in the indictment,
count in the indictment, or information that
charged the murder, the court
shall impose upon the offender a
term of life imprisonment without
parole that shall be served
pursuant to section 2971.03
of the Revised Code. In
(4) In addition, the offender may be fined an amount fixed by the court, but not more than fifteen thousand dollars.
(C) The court shall not impose a fine or fines for aggravated murder or murder which, in the aggregate and to the extent not suspended by the court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to the offender or to the dependents of the offender, or will prevent the offender from making reparation for the victim's wrongful death.
(D)(1) In addition to any other sanctions imposed for a violation of section 2903.01 or 2903.02 of the Revised Code, if the offender used a motor vehicle as the means to commit the violation, the court shall impose upon the offender a class two suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege as specified in division (A)(2) of section 4510.02 of the Revised Code.
(2) As used in division (D) of this section, "motor vehicle" has the same meaning as in section 4501.01 of the Revised Code.
Sec. 2929.022. (A) If an indictment or count in an
indictment charging a defendant with aggravated murder contains a
specification of the aggravating circumstance of a prior
conviction listed in division (A)(5) of section 2929.04 of the
Revised Code, the defendant may elect to have the panel of three
judges, if he the defendant waives trial by jury, or the trial
judge, if he the defendant is tried by jury, determine the
existence of that aggravating
circumstance at the sentencing
hearing held pursuant to divisions
(C) and (D) of section 2929.03
of the Revised Code.
(1) If the defendant does not elect to have the existence of the aggravating circumstance determined at the sentencing hearing, the defendant shall be tried on the charge of aggravated murder, on the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code, and on any other specifications of an aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code in a single trial as in any other criminal case in which a person is charged with aggravated murder and specifications.
(2) If the defendant does elect to have the existence of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code determined at the sentencing hearing, then, following a verdict of guilty of the charge of aggravated murder, the panel of three judges or the trial judge shall:
(a) Hold a sentencing hearing pursuant to division (B) of this section, unless required to do otherwise under division (A)(2)(b) of this section;
(b) If the offender raises the matter of age at trial pursuant to section 2929.023 of the Revised Code and is not found at trial to have been eighteen years of age or older at the time of the commission of the offense, conduct a hearing to determine if the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt. After conducting the hearing, the panel or judge shall proceed as follows:
(i) If that aggravating circumstance is proven beyond a
reasonable doubt or if the defendant at trial was convicted of
any
other specification of an aggravating circumstance, the panel
or
judge shall impose sentence according to division (E) of
section
2929.03 of the Revised Code;.
(ii) If that aggravating circumstance is not proven beyond a reasonable doubt and the defendant at trial was not convicted of any other specification of an aggravating circumstance, except as otherwise provided in this division, the panel or judge shall impose sentence of life imprisonment with parole eligibility after serving twenty years of imprisonment on the offender. If that aggravating circumstance is not proven beyond a reasonable doubt, the defendant at trial was not convicted of any other specification of an aggravating circumstance, the victim of the aggravated murder was less than thirteen years of age, and the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, the panel or judge shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(B) At the sentencing hearing, the panel of judges, if the defendant was tried by a panel of three judges, or the trial judge, if the defendant was tried by jury, shall, when required pursuant to division (A)(2) of this section, first determine if the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt. If the panel of judges or the trial judge determines that the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt or if they do not determine that the specification is proven beyond a reasonable doubt but the defendant at trial was convicted of a specification of any other aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code, the panel of judges or the trial judge and trial jury shall impose sentence on the offender pursuant to division (D) of section 2929.03 and section 2929.04 of the Revised Code. If the panel of judges or the trial judge does not determine that the specification of the aggravating circumstance of a prior conviction listed in division (A)(5) of section 2929.04 of the Revised Code is proven beyond a reasonable doubt and the defendant at trial was not convicted of any other specification of an aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code, the panel of judges or the trial judge shall terminate the sentencing hearing and impose sentence on the offender as follows:
(1) Subject to division (B)(2) of this section, the panel or judge shall impose a sentence of life imprisonment with parole eligibility after serving twenty years of imprisonment on the offender.
(2) If the victim of the aggravated murder was less than thirteen years of age and the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, the panel or judge shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
Sec. 2929.03. (A) If the indictment or count in the indictment charging aggravated murder does not contain one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, then, following a verdict of guilty of the charge of aggravated murder, the trial court shall impose sentence on the offender as follows:
(1) Except as provided in division (A)(2) of this section, the trial court shall impose one of the following sentences on the offender:
(a) Life imprisonment without parole;
(b) Life Subject to division (A)(1)(e) of this section, life
imprisonment with parole eligibility after serving
twenty years of
imprisonment;
(c) Life Subject to division (A)(1)(e) of this section, life
imprisonment with parole eligibility after serving
twenty-five
full years of imprisonment;
(d) Life Subject to division (A)(1)(e) of this section, life
imprisonment with parole eligibility after serving
thirty full
years of imprisonment;
(e) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (A)(1)(a) of this section, the trial court shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment that shall be served pursuant to that section.
(2) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, the trial court shall impose upon the offender a sentence of life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(B) If the indictment or count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, the verdict shall separately state whether the accused is found guilty or not guilty of the principal charge and, if guilty of the principal charge, whether the offender was eighteen years of age or older at the time of the commission of the offense, if the matter of age was raised by the offender pursuant to section 2929.023 of the Revised Code, and whether the offender is guilty or not guilty of each specification. The jury shall be instructed on its duties in this regard. The instruction to the jury shall include an instruction that a specification shall be proved beyond a reasonable doubt in order to support a guilty verdict on the specification, but the instruction shall not mention the penalty that may be the consequence of a guilty or not guilty verdict on any charge or specification.
(C)(1) If the indictment or count in the indictment charging aggravated murder contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code, then, following a verdict of guilty of the charge but not guilty of each of the specifications, and regardless of whether the offender raised the matter of age pursuant to section 2929.023 of the Revised Code, the trial court shall impose sentence on the offender as follows:
(a) Except as provided in division (C)(1)(b) of this section, the trial court shall impose one of the following sentences on the offender:
(i) Life imprisonment without parole;
(ii) Life Subject to division (C)(1)(a)(v) of this section,
life imprisonment with parole eligibility after serving
twenty
years of imprisonment;
(iii) Life Subject to division (C)(1)(a)(v) of this section,
life imprisonment with parole eligibility after serving
twenty-five full years of imprisonment;
(iv) Life Subject to division (C)(1)(a)(v) of this section,
life imprisonment with parole eligibility after serving
thirty
full years of imprisonment;
(v) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (C)(1)(a)(i) of this section, the trial court shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(b) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, the trial court shall impose upon the offender a sentence of life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(2)(a) If the indictment or count in the indictment contains one or more specifications of aggravating circumstances listed in division (A) of section 2929.04 of the Revised Code and if the offender is found guilty of both the charge and one or more of the specifications, the penalty to be imposed on the offender shall be one of the following:
(i) Except as provided in division (C)(2)(a)(ii) or (iii) of this section, the penalty to be imposed on the offender shall be death, life imprisonment without parole, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment, or life imprisonment with parole eligibility after serving thirty full years of imprisonment.
(ii) Except as provided in division (C)(2)(a)(iii) of this section, if the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of death or life imprisonment without parole on the offender pursuant to division (C)(2)(a)(i) of this section, the penalty to be imposed on the offender shall be an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment that shall be imposed pursuant to division (B)(3) of section 2971.03 of the Revised Code and served pursuant to that section.
(iii) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, the penalty to be imposed on the offender shall be death or life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(b) A penalty imposed pursuant to division (C)(2)(a)(i) or,
(ii), or (iii) of this
section shall be determined pursuant to
divisions (D)
and
(E) of this section and shall be determined by
one of the
following:
(i) By the panel of three judges that tried the offender upon the offender's waiver of the right to trial by jury;
(ii) By the trial jury and the trial judge, if the offender was tried by jury.
(D)(1) Death may not be imposed as a penalty for aggravated murder if the offender raised the matter of age at trial pursuant to section 2929.023 of the Revised Code and was not found at trial to have been eighteen years of age or older at the time of the commission of the offense. When death may be imposed as a penalty for aggravated murder, the court shall proceed under this division. When death may be imposed as a penalty, the court, upon the request of the defendant, shall require a pre-sentence investigation to be made and, upon the request of the defendant, shall require a mental examination to be made, and shall require reports of the investigation and of any mental examination submitted to the court, pursuant to section 2947.06 of the Revised Code. No statement made or information provided by a defendant in a mental examination or proceeding conducted pursuant to this division shall be disclosed to any person, except as provided in this division, or be used in evidence against the defendant on the issue of guilt in any retrial. A pre-sentence investigation or mental examination shall not be made except upon request of the defendant. Copies of any reports prepared under this division shall be furnished to the court, to the trial jury if the offender was tried by a jury, to the prosecutor, and to the offender or the offender's counsel for use under this division. The court, and the trial jury if the offender was tried by a jury, shall consider any report prepared pursuant to this division and furnished to it and any evidence raised at trial that is relevant to the aggravating circumstances the offender was found guilty of committing or to any factors in mitigation of the imposition of the sentence of death, shall hear testimony and other evidence that is relevant to the nature and circumstances of the aggravating circumstances the offender was found guilty of committing, the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code, and any other factors in mitigation of the imposition of the sentence of death, and shall hear the statement, if any, of the offender, and the arguments, if any, of counsel for the defense and prosecution, that are relevant to the penalty that should be imposed on the offender. The defendant shall be given great latitude in the presentation of evidence of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code and of any other factors in mitigation of the imposition of the sentence of death. If the offender chooses to make a statement, the offender is subject to cross-examination only if the offender consents to make the statement under oath or affirmation.
The defendant shall have the burden of going forward with the evidence of any factors in mitigation of the imposition of the sentence of death. The prosecution shall have the burden of proving, by proof beyond a reasonable doubt, that the aggravating circumstances the defendant was found guilty of committing are sufficient to outweigh the factors in mitigation of the imposition of the sentence of death.
(2) Upon consideration of the relevant evidence raised at trial, the testimony, other evidence, statement of the offender, arguments of counsel, and, if applicable, the reports submitted pursuant to division (D)(1) of this section, the trial jury, if the offender was tried by a jury, shall determine whether the aggravating circumstances the offender was found guilty of committing are sufficient to outweigh the mitigating factors present in the case. If the trial jury unanimously finds, by proof beyond a reasonable doubt, that the aggravating circumstances the offender was found guilty of committing outweigh the mitigating factors, the trial jury shall recommend to the court that the sentence of death be imposed on the offender. Absent such a finding, the jury shall recommend that the offender be sentenced to one of the following:
(a) Except as provided in division (D)(2)(b) or (c) of this section, to life imprisonment without parole, life imprisonment with parole eligibility after serving twenty-five full years of imprisonment, or life imprisonment with parole eligibility after serving thirty full years of imprisonment;
(b) Except as provided in division (D)(2)(c) of this section, if the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the jury does not recommend a sentence of life imprisonment without parole pursuant to division (D)(2)(a) of this section, to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment to be imposed pursuant to division (B)(3) of section 2971.03 of the Revised Code and served pursuant to that section.
(c) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, to life imprisonment without parole.
If the trial jury recommends that the offender be sentenced
to life imprisonment without parole, life
imprisonment with parole
eligibility after serving twenty-five
full years of imprisonment,
or life imprisonment with parole
eligibility after serving thirty
full years of imprisonment, or an indefinite term consisting of a
minimum term of thirty years and a maximum term of life
imprisonment to be imposed pursuant to division (B)(3) of section
2971.03 of the Revised Code, the court shall
impose the sentence
recommended by the jury upon the offender. If
the sentence is an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment imposed as described in division
(D)(2)(b) of this section or a
sentence of life imprisonment
without parole imposed under
division (D)(2)(b)(c) of this
section, the sentence shall be served
pursuant to section 2971.03
of the
Revised Code. If the trial
jury recommends that the
sentence of death be
imposed upon the
offender, the court shall
proceed to impose sentence pursuant to
division
(D)(3) of this
section.
(3) Upon consideration of the relevant evidence raised at trial, the testimony, other evidence, statement of the offender, arguments of counsel, and, if applicable, the reports submitted to the court pursuant to division (D)(1) of this section, if, after receiving pursuant to division (D)(2) of this section the trial jury's recommendation that the sentence of death be imposed, the court finds, by proof beyond a reasonable doubt, or if the panel of three judges unanimously finds, by proof beyond a reasonable doubt, that the aggravating circumstances the offender was found guilty of committing outweigh the mitigating factors, it shall impose sentence of death on the offender. Absent such a finding by the court or panel, the court or the panel shall impose one of the following sentences on the offender:
(a) Except as provided in division (D)(3)(b) of this section, one of the following:
(i) Life imprisonment without parole;
(ii) Life Subject to division (D)(3)(a)(iv) of this section,
life imprisonment with parole eligibility after
serving
twenty-five full years of imprisonment;
(iii) Life Subject to division (D)(3)(a)(iv) of this section,
life imprisonment with parole eligibility after
serving thirty
full years of imprisonment;
(iv) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (D)(3)(a)(i) of this section, the court or panel shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(b) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(E) If the offender raised the matter of age at trial pursuant to section 2929.023 of the Revised Code, was convicted of aggravated murder and one or more specifications of an aggravating circumstance listed in division (A) of section 2929.04 of the Revised Code, and was not found at trial to have been eighteen years of age or older at the time of the commission of the offense, the court or the panel of three judges shall not impose a sentence of death on the offender. Instead, the court or panel shall impose one of the following sentences on the offender:
(1) Except as provided in division (E)(2) of this section, one of the following:
(a) Life imprisonment without parole;
(b) Life Subject to division (E)(2)(d) of this section, life
imprisonment with parole eligibility after
serving
twenty-five
full years of imprisonment;
(c) Life Subject to division (E)(2)(d) of this section, life
imprisonment with parole eligibility after
serving
thirty full
years of imprisonment;
(d) If the victim of the aggravated murder was less than thirteen years of age, the offender also is convicted of or pleads guilty to a sexual motivation specification that was included in the indictment, count in the indictment, or information charging the offense, and the trial court does not impose a sentence of life imprisonment without parole on the offender pursuant to division (E)(2)(a) of this section, the court or panel shall sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code to an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment.
(2) If the offender also is convicted of or pleads guilty to a sexual motivation specification and a sexually violent predator specification that are included in the indictment, count in the indictment, or information that charged the aggravated murder, life imprisonment without parole that shall be served pursuant to section 2971.03 of the Revised Code.
(F) The court or the panel of three judges, when it imposes sentence of death, shall state in a separate opinion its specific findings as to the existence of any of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code, the existence of any other mitigating factors, the aggravating circumstances the offender was found guilty of committing, and the reasons why the aggravating circumstances the offender was found guilty of committing were sufficient to outweigh the mitigating factors. The court or panel, when it imposes life imprisonment or an indefinite term consisting of a minimum term of thirty years and a maximum term of life imprisonment under division (D) of this section, shall state in a separate opinion its specific findings of which of the mitigating factors set forth in division (B) of section 2929.04 of the Revised Code it found to exist, what other mitigating factors it found to exist, what aggravating circumstances the offender was found guilty of committing, and why it could not find that these aggravating circumstances were sufficient to outweigh the mitigating factors. For cases in which a sentence of death is imposed for an offense committed before January 1, 1995, the court or panel shall file the opinion required to be prepared by this division with the clerk of the appropriate court of appeals and with the clerk of the supreme court within fifteen days after the court or panel imposes sentence. For cases in which a sentence of death is imposed for an offense committed on or after January 1, 1995, the court or panel shall file the opinion required to be prepared by this division with the clerk of the supreme court within fifteen days after the court or panel imposes sentence. The judgment in a case in which a sentencing hearing is held pursuant to this section is not final until the opinion is filed.
(G)(1) Whenever the court or a panel of three judges imposes a sentence of death for an offense committed before January 1, 1995, the clerk of the court in which the judgment is rendered shall deliver the entire record in the case to the appellate court.
(2) Whenever the court or a panel of three judges imposes a sentence of death for an offense committed on or after January 1, 1995, the clerk of the court in which the judgment is rendered shall deliver the entire record in the case to the supreme court.
Sec. 2929.06. (A) If a sentence of death imposed
upon an
offender is set aside, nullified, or vacated because the court of
appeals, in a case in which a sentence of death was imposed for an
offense
committed before January 1, 1995, or the supreme court, in
cases in which the
supreme court reviews the sentence upon appeal,
could not affirm the sentence
of death under the standards imposed
by section 2929.05 of the
Revised Code, is set aside, nullified,
or vacated for the sole reason that
the
statutory procedure for
imposing the sentence of death that is
set forth in sections
2929.03 and 2929.04 of the Revised Code is
unconstitutional, is
set aside, nullified, or vacated pursuant to division (C) of
section 2929.05 of the Revised Code, or is set aside, nullified,
or vacated because a court has determined that the offender is
mentally retarded under standards set forth in decisions of the
supreme court of this state or the United States supreme court,
the trial court that
sentenced the offender shall conduct a
hearing to resentence the
offender. At the resentencing hearing,
the court shall impose upon the offender a sentence of life
imprisonment or an indefinite term consisting of a minimum term of
thirty years and a maximum term of life imprisonment that is
determined as specified in this division. The If division (D) of
section 2929.03 of the Revised Code, at the time the offender
committed the aggravated murder for which the sentence of death
was imposed, required the imposition when a sentence of death was
not imposed of a sentence of life imprisonment without parole or a
sentence of an indefinite term consisting of a minimum term of
thirty years and a maximum term of life imprisonment to be imposed
pursuant to division (A) or (B)(3) of section 2971.03 of the
Revised Code and served pursuant to that section, the court shall
impose the sentence so required. In all other cases, the sentences
of life imprisonment that are available at the hearing, and from
which the court shall impose sentence, shall be the same sentences
of life imprisonment that were available under division (D) of
section 2929.03 or under section 2909.24 of the Revised Code at
the time the offender committed the offense for which the sentence
of death was imposed. Nothing in this division regarding the
resentencing of an offender shall affect the operation of section
2971.03 of the Revised Code.
(B) Whenever any court of this state or any federal court
sets aside, nullifies, or vacates a sentence of death imposed upon
an
offender because of error that occurred in the
sentencing phase
of the trial and if division (A) of this section
does not apply,
the trial court that sentenced the offender shall conduct a
new
hearing to resentence the offender. If the offender was tried by a
jury, the
trial court shall impanel a new jury for the hearing. If
the offender was
tried by a panel of three judges, that panel or,
if necessary, a new panel of
three judges shall conduct the
hearing. At the hearing, the court
or panel shall
follow the
procedure set forth in division (D) of section 2929.03 of the
Revised Code in determining whether to impose upon the offender a
sentence of
death or, a sentence of life imprisonment, or an
indefinite term consisting of a minimum term of thirty years and a
maximum term of life imprisonment. If, pursuant to that procedure,
the court or panel determines that it will impose a sentence of
life imprisonment other than a sentence of death, the court or
panel shall impose upon the offender one of the sentences of life
imprisonment that could have been imposed at the time the offender
committed the offense for which the sentence of death was imposed,
determined as specified in this division, or an indefinite term
consisting of a minimum term of thirty years and a maximum term of
life imprisonment that is determined as specified in this
division. If division (D) of section 2929.03 of the Revised Code,
at the time the offender committed the aggravated murder for which
the sentence of death was imposed, required the imposition when a
sentence of death was not imposed of a sentence of life
imprisonment without parole or a sentence of an indefinite term
consisting of a minimum term of thirty years and a maximum term of
life imprisonment to be imposed pursuant to division (A) or (B)(3)
of section 2971.03 of the Revised Code and served pursuant to that
section, the court or panel shall impose the sentence so required.
In all other cases, the sentences of life imprisonment that are
available at the hearing, and from which the court or panel shall
impose sentence, shall be the same sentences of life imprisonment
that were available under division (D) of section 2929.03 or under
section 2909.24 of the Revised Code at the time the offender
committed the offense for which the sentence of death was imposed.
(C) If a sentence of life imprisonment without parole imposed upon an offender pursuant to section 2929.021 or 2929.03 of the Revised Code is set aside, nullified, or vacated for the sole reason that the statutory procedure for imposing the sentence of life imprisonment without parole that is set forth in sections 2929.03 and 2929.04 of the Revised Code is unconstitutional, the trial court that sentenced the offender shall conduct a hearing to resentence the offender to life imprisonment with parole eligibility after serving twenty-five full years of imprisonment or to life imprisonment with parole eligibility after serving thirty full years of imprisonment.
(D) Nothing in this section limits or restricts the rights of the state to appeal any order setting aside, nullifying, or vacating a conviction or sentence of death, when an appeal of that nature otherwise would be available.
(E) This section, as amended by H.B. 184 of the 125th General
Assembly general assembly, shall apply to all offenders who have
been sentenced to death for an aggravated murder that was
committed on or after October 19, 1981, or for terrorism that was
committed on or after May 15, 2002. This section, as amended by
H.B. 184 of the 125th general assembly, shall apply equally to all
such offenders sentenced to death prior to, on, or after the
effective date of that act March 23, 2005, including offenders
who, on the effective date of that act March 23, 2005, are
challenging their sentence of death and offenders whose sentence
of death has been set aside, nullified, or vacated by any court of
this state or any federal court but who, as of the effective date
of that act March 23, 2005, have not yet been resentenced.
Sec. 2929.13. (A) Except as provided in division (E), (F), or (G) of this section and unless a specific sanction is required to be imposed or is precluded from being imposed pursuant to law, a court that imposes a sentence upon an offender for a felony may impose any sanction or combination of sanctions on the offender that are provided in sections 2929.14 to 2929.18 of the Revised Code. The sentence shall not impose an unnecessary burden on state or local government resources.
If the offender is eligible to be sentenced to community control sanctions, the court shall consider the appropriateness of imposing a financial sanction pursuant to section 2929.18 of the Revised Code or a sanction of community service pursuant to section 2929.17 of the Revised Code as the sole sanction for the offense. Except as otherwise provided in this division, if the court is required to impose a mandatory prison term for the offense for which sentence is being imposed, the court also may impose a financial sanction pursuant to section 2929.18 of the Revised Code but may not impose any additional sanction or combination of sanctions under section 2929.16 or 2929.17 of the Revised Code.
If the offender is being sentenced for a fourth degree felony OVI offense or for a third degree felony OVI offense, in addition to the mandatory term of local incarceration or the mandatory prison term required for the offense by division (G)(1) or (2) of this section, the court shall impose upon the offender a mandatory fine in accordance with division (B)(3) of section 2929.18 of the Revised Code and may impose whichever of the following is applicable:
(1) For a fourth degree felony OVI offense for which sentence is imposed under division (G)(1) of this section, an additional community control sanction or combination of community control sanctions under section 2929.16 or 2929.17 of the Revised Code. If the court imposes upon the offender a community control sanction and the offender violates any condition of the community control sanction, the court may take any action prescribed in division (B) of section 2929.15 of the Revised Code relative to the offender, including imposing a prison term on the offender pursuant to that division.
(2) For a third or fourth degree felony OVI offense for which sentence is imposed under division (G)(2) of this section, an additional prison term as described in division (D)(4) of section 2929.14 of the Revised Code or a community control sanction as described in division (G)(2) of this section.
(B)(1) Except as provided in division (B)(2), (E), (F), or (G) of this section, in sentencing an offender for a felony of the fourth or fifth degree, the sentencing court shall determine whether any of the following apply:
(a) In committing the offense, the offender caused physical harm to a person.
(b) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person with a deadly weapon.
(c) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person, and the offender previously was convicted of an offense that caused physical harm to a person.
(d) The offender held a public office or position of trust and the offense related to that office or position; the offender's position obliged the offender to prevent the offense or to bring those committing it to justice; or the offender's professional reputation or position facilitated the offense or was likely to influence the future conduct of others.
(e) The offender committed the offense for hire or as part of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or fifth degree felony violation of section 2907.03, 2907.04, 2907.05, 2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the Revised Code.
(g) The offender at the time of the offense was serving, or the offender previously had served, a prison term.
(h) The offender committed the offense while under a community control sanction, while on probation, or while released from custody on a bond or personal recognizance.
(i) The offender committed the offense while in possession of a firearm.
(2)(a) If the court makes a finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a prison term is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code and finds that the offender is not amenable to an available community control sanction, the court shall impose a prison term upon the offender.
(b) Except as provided in division (E), (F), or (G) of this section, if the court does not make a finding described in division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section and if the court, after considering the factors set forth in section 2929.12 of the Revised Code, finds that a community control sanction or combination of community control sanctions is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code, the court shall impose a community control sanction or combination of community control sanctions upon the offender.
(C) Except as provided in division (D), (E), (F), or (G) of this section, in determining whether to impose a prison term as a sanction for a felony of the third degree or a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and that is specified as being subject to this division for purposes of sentencing, the sentencing court shall comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code and with section 2929.12 of the Revised Code.
(D)(1) Except as provided in division (E) or (F) of this section, for a felony of the first or second degree, for a felony drug offense that is a violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a presumption in favor of a prison term is specified as being applicable, and for a violation of division (A)(4) or (B) of section 2907.05 of the Revised Code for which a presumption in favor of a prison term is specified as being applicable, it is presumed that a prison term is necessary in order to comply with the purposes and principles of sentencing under section 2929.11 of the Revised Code. Division (D)(2) of this section does not apply to a presumption established under this division for a violation of division (A)(4) of section 2907.05 of the Revised Code.
(2) Notwithstanding the presumption established under division (D)(1) of this section for the offenses listed in that division other than a violation of division (A)(4) or (B) of section 2907.05 of the Revised Code, the sentencing court may impose a community control sanction or a combination of community control sanctions instead of a prison term on an offender for a felony of the first or second degree or for a felony drug offense that is a violation of any provision of Chapter 2925., 3719., or 4729. of the Revised Code for which a presumption in favor of a prison term is specified as being applicable if it makes both of the following findings:
(a) A community control sanction or a combination of community control sanctions would adequately punish the offender and protect the public from future crime, because the applicable factors under section 2929.12 of the Revised Code indicating a lesser likelihood of recidivism outweigh the applicable factors under that section indicating a greater likelihood of recidivism.
(b) A community control sanction or a combination of community control sanctions would not demean the seriousness of the offense, because one or more factors under section 2929.12 of the Revised Code that indicate that the offender's conduct was less serious than conduct normally constituting the offense are applicable, and they outweigh the applicable factors under that section that indicate that the offender's conduct was more serious than conduct normally constituting the offense.
(E)(1) Except as provided in division (F) of this section, for any drug offense that is a violation of any provision of Chapter 2925. of the Revised Code and that is a felony of the third, fourth, or fifth degree, the applicability of a presumption under division (D) of this section in favor of a prison term or of division (B) or (C) of this section in determining whether to impose a prison term for the offense shall be determined as specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the Revised Code, whichever is applicable regarding the violation.
(2) If an offender who was convicted of or pleaded guilty to a felony violates the conditions of a community control sanction imposed for the offense solely by reason of producing positive results on a drug test, the court, as punishment for the violation of the sanction, shall not order that the offender be imprisoned unless the court determines on the record either of the following:
(a) The offender had been ordered as a sanction for the felony to participate in a drug treatment program, in a drug education program, or in narcotics anonymous or a similar program, and the offender continued to use illegal drugs after a reasonable period of participation in the program.
(b) The imprisonment of the offender for the violation is consistent with the purposes and principles of sentencing set forth in section 2929.11 of the Revised Code.
(F) Notwithstanding divisions (A) to (E) of this section, the court shall impose a prison term or terms under sections 2929.02 to 2929.06, section 2929.14, section 2929.142, or section 2971.03 of the Revised Code and except as specifically provided in section 2929.20 or 2967.191 of the Revised Code or when parole is authorized for the offense under section 2967.13 of the Revised Code shall not reduce the term or terms pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code for any of the following offenses:
(1) Aggravated murder when death is not imposed or murder;
(2) Any rape, regardless of whether force was involved and regardless of the age of the victim, or an attempt to commit rape if, had the offender completed the rape that was attempted, the offender would have been guilty of a violation of division (A)(1)(b) of section 2907.02 of the Revised Code and would be sentenced under section 2971.03 of the Revised Code;
(3) Gross sexual imposition or sexual battery, if the victim
is under less than
thirteen
years of age and if any of the
following
applies:
(a) Regarding gross sexual imposition, the offender
previously was
convicted of or pleaded guilty to
rape, the former
offense of
felonious sexual penetration, gross sexual
imposition,
or sexual
battery,
and the victim of the previous offense was
under less than
thirteen years of age;
(b) Regarding gross sexual imposition, the offense was committed on or after August 3, 2006, and evidence other than the testimony of the victim was admitted in the case corroborating the violation.
(c) Regarding sexual battery, either of the following applies:
(i) The offense was committed prior to August 3, 2006, the
offender previously was convicted of or pleaded guilty to rape,
the former offense of felonious sexual penetration, or sexual
battery, and the victim of the previous offense was under less
than thirteen
years of age.
(ii) The offense was committed on or after August 3, 2006.
(4) A felony violation of section 2903.04, 2903.06, 2903.08, 2903.11, 2903.12, or 2903.13 of the Revised Code if the section requires the imposition of a prison term;
(5) A first, second, or third degree felony drug offense for which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or 4729.99 of the Revised Code, whichever is applicable regarding the violation, requires the imposition of a mandatory prison term;
(6) Any offense that is a first or second degree felony and that is not set forth in division (F)(1), (2), (3), or (4) of this section, if the offender previously was convicted of or pleaded guilty to aggravated murder, murder, any first or second degree felony, or an offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to one of those offenses;
(7) Any offense that is a third degree felony and either is a violation of section 2903.04 of the Revised Code or an attempt to commit a felony of the second degree that is an offense of violence and involved an attempt to cause serious physical harm to a person or that resulted in serious physical harm to a person if the offender previously was convicted of or pleaded guilty to any of the following offenses:
(a) Aggravated murder, murder, involuntary manslaughter, rape, felonious sexual penetration as it existed under section 2907.12 of the Revised Code prior to September 3, 1996, a felony of the first or second degree that resulted in the death of a person or in physical harm to a person, or complicity in or an attempt to commit any of those offenses;
(b) An offense under an existing or former law of this state, another state, or the United States that is or was substantially equivalent to an offense listed in division (F)(7)(a) of this section that resulted in the death of a person or in physical harm to a person.
(8) Any offense, other than a violation of section 2923.12 of the Revised Code, that is a felony, if the offender had a firearm on or about the offender's person or under the offender's control while committing the felony, with respect to a portion of the sentence imposed pursuant to division (D)(1)(a) of section 2929.14 of the Revised Code for having the firearm;
(9) Any offense of violence that is a felony, if the offender wore or carried body armor while committing the felony offense of violence, with respect to the portion of the sentence imposed pursuant to division (D)(1)(d) of section 2929.14 of the Revised Code for wearing or carrying the body armor;
(10) Corrupt activity in violation of section 2923.32 of the Revised Code when the most serious offense in the pattern of corrupt activity that is the basis of the offense is a felony of the first degree;
(11) Any violent sex offense or designated homicide, assault, or kidnapping offense if, in relation to that offense, the offender is adjudicated a sexually violent predator;
(12) A violation of division (A)(1) or (2) of section 2921.36 of the Revised Code, or a violation of division (C) of that section involving an item listed in division (A)(1) or (2) of that section, if the offender is an officer or employee of the department of rehabilitation and correction;
(13) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, or an investigator of the bureau of criminal identification and investigation, as defined in section 2903.11 of the Revised Code, with respect to the portion of the sentence imposed pursuant to division (D)(5) of section 2929.14 of the Revised Code;
(14) A violation of division (A)(1) or (2) of section 2903.06 of the Revised Code if the offender has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, with respect to the portion of the sentence imposed pursuant to division (D)(6) of section 2929.14 of the Revised Code;
(15) Kidnapping, in the circumstances specified in section 2971.03 of the Revised Code and when no other provision of division (F) of this section applies.
(G) Notwithstanding divisions (A) to (E) of this section, if an offender is being sentenced for a fourth degree felony OVI offense or for a third degree felony OVI offense, the court shall impose upon the offender a mandatory term of local incarceration or a mandatory prison term in accordance with the following:
(1) If the offender is being sentenced for a fourth degree felony OVI offense and if the offender has not been convicted of and has not pleaded guilty to a specification of the type described in section 2941.1413 of the Revised Code, the court may impose upon the offender a mandatory term of local incarceration of sixty days or one hundred twenty days as specified in division (G)(1)(d) of section 4511.19 of the Revised Code. The court shall not reduce the term pursuant to section 2929.20, 2967.193, or any other provision of the Revised Code. The court that imposes a mandatory term of local incarceration under this division shall specify whether the term is to be served in a jail, a community-based correctional facility, a halfway house, or an alternative residential facility, and the offender shall serve the term in the type of facility specified by the court. A mandatory term of local incarceration imposed under division (G)(1) of this section is not subject to extension under section 2967.11 of the Revised Code, to a period of post-release control under section 2967.28 of the Revised Code, or to any other Revised Code provision that pertains to a prison term except as provided in division (A)(1) of this section.
(2) If the offender is being sentenced for a third degree felony OVI offense, or if the offender is being sentenced for a fourth degree felony OVI offense and the court does not impose a mandatory term of local incarceration under division (G)(1) of this section, the court shall impose upon the offender a mandatory prison term of one, two, three, four, or five years if the offender also is convicted of or also pleads guilty to a specification of the type described in section 2941.1413 of the Revised Code or shall impose upon the offender a mandatory prison term of sixty days or one hundred twenty days as specified in division (G)(1)(d) or (e) of section 4511.19 of the Revised Code if the offender has not been convicted of and has not pleaded guilty to a specification of that type. The court shall not reduce the term pursuant to section 2929.20, 2967.193, or any other provision of the Revised Code. The offender shall serve the one-, two-, three-, four-, or five-year mandatory prison term consecutively to and prior to the prison term imposed for the underlying offense and consecutively to any other mandatory prison term imposed in relation to the offense. In no case shall an offender who once has been sentenced to a mandatory term of local incarceration pursuant to division (G)(1) of this section for a fourth degree felony OVI offense be sentenced to another mandatory term of local incarceration under that division for any violation of division (A) of section 4511.19 of the Revised Code. In addition to the mandatory prison term described in division (G)(2) of this section, the court may sentence the offender to a community control sanction under section 2929.16 or 2929.17 of the Revised Code, but the offender shall serve the prison term prior to serving the community control sanction. The department of rehabilitation and correction may place an offender sentenced to a mandatory prison term under this division in an intensive program prison established pursuant to section 5120.033 of the Revised Code if the department gave the sentencing judge prior notice of its intent to place the offender in an intensive program prison established under that section and if the judge did not notify the department that the judge disapproved the placement. Upon the establishment of the initial intensive program prison pursuant to section 5120.033 of the Revised Code that is privately operated and managed by a contractor pursuant to a contract entered into under section 9.06 of the Revised Code, both of the following apply:
(a) The department of rehabilitation and correction shall make a reasonable effort to ensure that a sufficient number of offenders sentenced to a mandatory prison term under this division are placed in the privately operated and managed prison so that the privately operated and managed prison has full occupancy.
(b) Unless the privately operated and managed prison has full occupancy, the department of rehabilitation and correction shall not place any offender sentenced to a mandatory prison term under this division in any intensive program prison established pursuant to section 5120.033 of the Revised Code other than the privately operated and managed prison.
(H) If an offender is being sentenced
for a sexually
oriented
offense or child-victim oriented offense that is a felony
committed on or after January 1,
1997, the judge
shall
require the
offender to submit to a
DNA specimen collection
procedure pursuant
to section 2901.07 of the
Revised Code
if
either of the following
applies:
(1) The offense was a violent sex offense or a designated
homicide, assault, or kidnapping offense and, in relation to that
offense, the
offender was
adjudicated a sexually
violent predator.
(2) The offense was a violation of division (A)(1)(b) of
section 2907.02 of the Revised Code committed on or after the
effective date of this amendment.
(3) The offense was attempted rape committed on or after the
effective date of this amendment, and the offender also was
convicted of or pleaded guilty to a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.
(4) The judge imposing sentence for the sexually oriented
offense
determines pursuant to division (B) of section 2950.09 of
the Revised
Code that the offender is a sexual predator.
(I) If an offender is being sentenced
for a sexually
oriented
offense that is not a registration-exempt sexually oriented
offense or for a child-victim oriented offense committed on or
after January 1,
1997, the judge
shall
include in the sentence a
summary of the
offender's duties imposed under sections 2950.04,
2950.041, 2950.05, and
2950.06 of the Revised Code and the
duration of the duties. The
judge shall inform the offender, at
the
time of sentencing, of
those duties and of their duration and,
if. If required
under division
(A)(2) of section 2950.03 of
the
Revised Code, the judge shall perform the
duties specified in that
section, or, if required under division (A)(6) of section 2950.03
of the Revised Code, the judge shall perform the duties specified
in that division.
(J)(1) Except as provided in division (J)(2) of this section, when considering sentencing factors under this section in relation to an offender who is convicted of or pleads guilty to an attempt to commit an offense in violation of section 2923.02 of the Revised Code, the sentencing court shall consider the factors applicable to the felony category of the violation of section 2923.02 of the Revised Code instead of the factors applicable to the felony category of the offense attempted.
(2) When considering sentencing factors under this section in relation to an offender who is convicted of or pleads guilty to an attempt to commit a drug abuse offense for which the penalty is determined by the amount or number of unit doses of the controlled substance involved in the drug abuse offense, the sentencing court shall consider the factors applicable to the felony category that the drug abuse offense attempted would be if that drug abuse offense had been committed and had involved an amount or number of unit doses of the controlled substance that is within the next lower range of controlled substance amounts than was involved in the attempt.
(K) As used in this section, "drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code.
(L) At the time of sentencing an offender who is a sexual
predator for any sexually oriented offense, if the offender is a
tier III sex offender/child-victim offender relative to that
offense and the offender does not serve a prison term or jail
term, the court may require that the offender be monitored by
means of a global positioning device. If the court requires such
monitoring, the cost of monitoring shall be borne by the offender.
If the offender is indigent, the cost of compliance shall be paid
by the crime victims reparations fund.
Sec. 2929.14. (A) Except as provided in division (C), (D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), (G), or (L) of this section and except in relation to an offense for which a sentence of death or life imprisonment is to be imposed, if the court imposing a sentence upon an offender for a felony elects or is required to impose a prison term on the offender pursuant to this chapter, the court shall impose a definite prison term that shall be one of the following:
(1) For a felony of the first degree, the prison term shall be three, four, five, six, seven, eight, nine, or ten years.
(2) For a felony of the second degree, the prison term shall be two, three, four, five, six, seven, or eight years.
(3) For a felony of the third degree, the prison term shall be one, two, three, four, or five years.
(4) For a felony of the fourth degree, the prison term shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.
(5) For a felony of the fifth degree, the prison term shall be six, seven, eight, nine, ten, eleven, or twelve months.
(B) Except as provided in division (C), (D)(1), (D)(2), (D)(3), (D)(5), (D)(6), (G), or (L) of this section, in section 2907.02 or 2907.05 of the Revised Code, or in Chapter 2925. of the Revised Code, if the court imposing a sentence upon an offender for a felony elects or is required to impose a prison term on the offender, the court shall impose the shortest prison term authorized for the offense pursuant to division (A) of this section, unless one or more of the following applies:
(1) The offender was serving a prison term at the time of the offense, or the offender previously had served a prison term.
(2) The court finds on the record that the shortest prison term will demean the seriousness of the offender's conduct or will not adequately protect the public from future crime by the offender or others.
(C) Except as provided in division (G) or (L) of this section or in Chapter 2925. of the Revised Code, the court imposing a sentence upon an offender for a felony may impose the longest prison term authorized for the offense pursuant to division (A) of this section only upon offenders who committed the worst forms of the offense, upon offenders who pose the greatest likelihood of committing future crimes, upon certain major drug offenders under division (D)(3) of this section, and upon certain repeat violent offenders in accordance with division (D)(2) of this section.
(D)(1)(a) Except as provided in division (D)(1)(e) of this section, if an offender who is convicted of or pleads guilty to a felony also is convicted of or pleads guilty to a specification of the type described in section 2941.141, 2941.144, or 2941.145 of the Revised Code, the court shall impose on the offender one of the following prison terms:
(i) A prison term of six years if the specification is of the type described in section 2941.144 of the Revised Code that charges the offender with having a firearm that is an automatic firearm or that was equipped with a firearm muffler or silencer on or about the offender's person or under the offender's control while committing the felony;
(ii) A prison term of three years if the specification is of the type described in section 2941.145 of the Revised Code that charges the offender with having a firearm on or about the offender's person or under the offender's control while committing the offense and displaying the firearm, brandishing the firearm, indicating that the offender possessed the firearm, or using it to facilitate the offense;
(iii) A prison term of one year if the specification is of the type described in section 2941.141 of the Revised Code that charges the offender with having a firearm on or about the offender's person or under the offender's control while committing the felony.
(b) If a court imposes a prison term on an offender under division (D)(1)(a) of this section, the prison term shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one prison term on an offender under division (D)(1)(a) of this section for felonies committed as part of the same act or transaction.
(c) Except as provided in division (D)(1)(e) of this section, if an offender who is convicted of or pleads guilty to a violation of section 2923.161 of the Revised Code or to a felony that includes, as an essential element, purposely or knowingly causing or attempting to cause the death of or physical harm to another, also is convicted of or pleads guilty to a specification of the type described in section 2941.146 of the Revised Code that charges the offender with committing the offense by discharging a firearm from a motor vehicle other than a manufactured home, the court, after imposing a prison term on the offender for the violation of section 2923.161 of the Revised Code or for the other felony offense under division (A), (D)(2), or (D)(3) of this section, shall impose an additional prison term of five years upon the offender that shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one additional prison term on an offender under division (D)(1)(c) of this section for felonies committed as part of the same act or transaction. If a court imposes an additional prison term on an offender under division (D)(1)(c) of this section relative to an offense, the court also shall impose a prison term under division (D)(1)(a) of this section relative to the same offense, provided the criteria specified in that division for imposing an additional prison term are satisfied relative to the offender and the offense.
(d) If an offender who is convicted of or pleads guilty to an offense of violence that is a felony also is convicted of or pleads guilty to a specification of the type described in section 2941.1411 of the Revised Code that charges the offender with wearing or carrying body armor while committing the felony offense of violence, the court shall impose on the offender a prison term of two years. The prison term so imposed shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one prison term on an offender under division (D)(1)(d) of this section for felonies committed as part of the same act or transaction. If a court imposes an additional prison term under division (D)(1)(a) or (c) of this section, the court is not precluded from imposing an additional prison term under division (D)(1)(d) of this section.
(e) The court shall not impose any of the prison terms described in division (D)(1)(a) of this section or any of the additional prison terms described in division (D)(1)(c) of this section upon an offender for a violation of section 2923.12 or 2923.123 of the Revised Code. The court shall not impose any of the prison terms described in division (D)(1)(a) of this section or any of the additional prison terms described in division (D)(1)(c) of this section upon an offender for a violation of section 2923.13 of the Revised Code unless all of the following apply:
(i) The offender previously has been convicted of aggravated murder, murder, or any felony of the first or second degree.
(ii) Less than five years have passed since the offender was released from prison or post-release control, whichever is later, for the prior offense.
(f) If an offender is convicted of or pleads guilty to a felony that includes, as an essential element, causing or attempting to cause the death of or physical harm to another and also is convicted of or pleads guilty to a specification of the type described in section 2941.1412 of the Revised Code that charges the offender with committing the offense by discharging a firearm at a peace officer as defined in section 2935.01 of the Revised Code or a corrections officer, as defined in section 2941.1412 of the Revised Code, the court, after imposing a prison term on the offender for the felony offense under division (A), (D)(2), or (D)(3) of this section, shall impose an additional prison term of seven years upon the offender that shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one additional prison term on an offender under division (D)(1)(f) of this section for felonies committed as part of the same act or transaction. If a court imposes an additional prison term on an offender under division (D)(1)(f) of this section relative to an offense, the court shall not impose a prison term under division (D)(1)(a) or (c) of this section relative to the same offense.
(2)(a) If division (D)(2)(b) of this section does not apply, the court may impose on an offender, in addition to the longest prison term authorized or required for the offense, an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met:
(i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender.
(ii) The offense of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person.
(iii) The court imposes the longest prison term for the offense that is not life imprisonment without parole.
(iv) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section are inadequate to punish the offender and protect the public from future crime, because the applicable factors under section 2929.12 of the Revised Code indicating a greater likelihood of recidivism outweigh the applicable factors under that section indicating a lesser likelihood of recidivism.
(v) The court finds that the prison terms imposed pursuant to division (D)(2)(a)(iii) of this section and, if applicable, division (D)(1) or (3) of this section are demeaning to the seriousness of the offense, because one or more of the factors under section 2929.12 of the Revised Code indicating that the offender's conduct is more serious than conduct normally constituting the offense are present, and they outweigh the applicable factors under that section indicating that the offender's conduct is less serious than conduct normally constituting the offense.
(b) The court shall impose on an offender the longest prison term authorized or required for the offense and shall impose on the offender an additional definite prison term of one, two, three, four, five, six, seven, eight, nine, or ten years if all of the following criteria are met:
(i) The offender is convicted of or pleads guilty to a specification of the type described in section 2941.149 of the Revised Code that the offender is a repeat violent offender.
(ii) The offender within the preceding twenty years has been convicted of or pleaded guilty to three or more offenses described in division (DD)(1) of section 2929.01 of the Revised Code, including all offenses described in that division of which the offender is convicted or to which the offender pleads guilty in the current prosecution and all offenses described in that division of which the offender previously has been convicted or to which the offender previously pleaded guilty, whether prosecuted together or separately.
(iii) The offense or offenses of which the offender currently is convicted or to which the offender currently pleads guilty is aggravated murder and the court does not impose a sentence of death or life imprisonment without parole, murder, terrorism and the court does not impose a sentence of life imprisonment without parole, any felony of the first degree that is an offense of violence and the court does not impose a sentence of life imprisonment without parole, or any felony of the second degree that is an offense of violence and the trier of fact finds that the offense involved an attempt to cause or a threat to cause serious physical harm to a person or resulted in serious physical harm to a person.
(c) For purposes of division (D)(2)(b) of this section, two or more offenses committed at the same time or as part of the same act or event shall be considered one offense, and that one offense shall be the offense with the greatest penalty.
(d) A sentence imposed under division (D)(2)(a) or (b) of this section shall not be reduced pursuant to section 2929.20 or section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. The offender shall serve an additional prison term imposed under this section consecutively to and prior to the prison term imposed for the underlying offense.
(e) When imposing a sentence pursuant to division (D)(2)(a) or (b) of this section, the court shall state its findings explaining the imposed sentence.
(3)(a) Except when an offender commits a violation of section 2903.01 or 2907.02 of the Revised Code and the penalty imposed for the violation is life imprisonment or commits a violation of section 2903.02 of the Revised Code, if the offender commits a violation of section 2925.03 or 2925.11 of the Revised Code and that section classifies the offender as a major drug offender and requires the imposition of a ten-year prison term on the offender, if the offender commits a felony violation of section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of section 3719.172, division (C) of section 4729.51, or division (J) of section 4729.54 of the Revised Code that includes the sale, offer to sell, or possession of a schedule I or II controlled substance, with the exception of marihuana, and the court imposing sentence upon the offender finds that the offender is guilty of a specification of the type described in section 2941.1410 of the Revised Code charging that the offender is a major drug offender, if the court imposing sentence upon an offender for a felony finds that the offender is guilty of corrupt activity with the most serious offense in the pattern of corrupt activity being a felony of the first degree, or if the offender is guilty of an attempted violation of section 2907.02 of the Revised Code and, had the offender completed the violation of section 2907.02 of the Revised Code that was attempted, the offender would have been subject to a sentence of life imprisonment or life imprisonment without parole for the violation of section 2907.02 of the Revised Code, the court shall impose upon the offender for the felony violation a ten-year prison term that cannot be reduced pursuant to section 2929.20 or Chapter 2967. or 5120. of the Revised Code.
(b) The court imposing a prison term on an offender under division (D)(3)(a) of this section may impose an additional prison term of one, two, three, four, five, six, seven, eight, nine, or ten years, if the court, with respect to the term imposed under division (D)(3)(a) of this section and, if applicable, divisions (D)(1) and (2) of this section, makes both of the findings set forth in divisions (D)(2)(a)(iv) and (v) of this section.
(4) If the offender is being sentenced for a third or fourth degree felony OVI offense under division (G)(2) of section 2929.13 of the Revised Code, the sentencing court shall impose upon the offender a mandatory prison term in accordance with that division. In addition to the mandatory prison term, if the offender is being sentenced for a fourth degree felony OVI offense, the court, notwithstanding division (A)(4) of this section, may sentence the offender to a definite prison term of not less than six months and not more than thirty months, and if the offender is being sentenced for a third degree felony OVI offense, the sentencing court may sentence the offender to an additional prison term of any duration specified in division (A)(3) of this section. In either case, the additional prison term imposed shall be reduced by the sixty or one hundred twenty days imposed upon the offender as the mandatory prison term. The total of the additional prison term imposed under division (D)(4) of this section plus the sixty or one hundred twenty days imposed as the mandatory prison term shall equal a definite term in the range of six months to thirty months for a fourth degree felony OVI offense and shall equal one of the authorized prison terms specified in division (A)(3) of this section for a third degree felony OVI offense. If the court imposes an additional prison term under division (D)(4) of this section, the offender shall serve the additional prison term after the offender has served the mandatory prison term required for the offense. In addition to the mandatory prison term or mandatory and additional prison term imposed as described in division (D)(4) of this section, the court also may sentence the offender to a community control sanction under section 2929.16 or 2929.17 of the Revised Code, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code and the court imposes a mandatory term of local incarceration, the court may impose a prison term as described in division (A)(1) of that section.
(5) If an offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described in section 2941.1414 of the Revised Code that charges that the victim of the offense is a peace officer, as defined in section 2935.01 of the Revised Code, or an investigator of the bureau of criminal identification and investigation, as defined in section 2903.11 of the Revised Code, the court shall impose on the offender a prison term of five years. If a court imposes a prison term on an offender under division (D)(5) of this section, the prison term shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one prison term on an offender under division (D)(5) of this section for felonies committed as part of the same act.
(6) If an offender is convicted of or pleads guilty to a violation of division (A)(1) or (2) of section 2903.06 of the Revised Code and also is convicted of or pleads guilty to a specification of the type described in section 2941.1415 of the Revised Code that charges that the offender previously has been convicted of or pleaded guilty to three or more violations of division (A) or (B) of section 4511.19 of the Revised Code or an equivalent offense, as defined in section 2941.1415 of the Revised Code, or three or more violations of any combination of those divisions and offenses, the court shall impose on the offender a prison term of three years. If a court imposes a prison term on an offender under division (D)(6) of this section, the prison term shall not be reduced pursuant to section 2929.20, section 2967.193, or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code. A court shall not impose more than one prison term on an offender under division (D)(6) of this section for felonies committed as part of the same act.
(E)(1)(a) Subject to division (E)(1)(b) of this section, if a mandatory prison term is imposed upon an offender pursuant to division (D)(1)(a) of this section for having a firearm on or about the offender's person or under the offender's control while committing a felony, if a mandatory prison term is imposed upon an offender pursuant to division (D)(1)(c) of this section for committing a felony specified in that division by discharging a firearm from a motor vehicle, or if both types of mandatory prison terms are imposed, the offender shall serve any mandatory prison term imposed under either division consecutively to any other mandatory prison term imposed under either division or under division (D)(1)(d) of this section, consecutively to and prior to any prison term imposed for the underlying felony pursuant to division (A), (D)(2), or (D)(3) of this section or any other section of the Revised Code, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(b) If a mandatory prison term is imposed upon an offender pursuant to division (D)(1)(d) of this section for wearing or carrying body armor while committing an offense of violence that is a felony, the offender shall serve the mandatory term so imposed consecutively to any other mandatory prison term imposed under that division or under division (D)(1)(a) or (c) of this section, consecutively to and prior to any prison term imposed for the underlying felony under division (A), (D)(2), or (D)(3) of this section or any other section of the Revised Code, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(c) If a mandatory prison term is imposed upon an offender pursuant to division (D)(1)(f) of this section, the offender shall serve the mandatory prison term so imposed consecutively to and prior to any prison term imposed for the underlying felony under division (A), (D)(2), or (D)(3) of this section or any other section of the Revised Code, and consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(2) If an offender who is an inmate in a jail, prison, or other residential detention facility violates section 2917.02, 2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender who is under detention at a detention facility commits a felony violation of section 2923.131 of the Revised Code, or if an offender who is an inmate in a jail, prison, or other residential detention facility or is under detention at a detention facility commits another felony while the offender is an escapee in violation of section 2921.34 of the Revised Code, any prison term imposed upon the offender for one of those violations shall be served by the offender consecutively to the prison term or term of imprisonment the offender was serving when the offender committed that offense and to any other prison term previously or subsequently imposed upon the offender.
(3) If a prison term is imposed for a violation of division (B) of section 2911.01 of the Revised Code, a violation of division (A) of section 2913.02 of the Revised Code in which the stolen property is a firearm or dangerous ordnance, or a felony violation of division (B) of section 2921.331 of the Revised Code, the offender shall serve that prison term consecutively to any other prison term or mandatory prison term previously or subsequently imposed upon the offender.
(4) If multiple prison terms are imposed on an offender for convictions of multiple offenses, the court may require the offender to serve the prison terms consecutively if the court finds that the consecutive service is necessary to protect the public from future crime or to punish the offender and that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public, and if the court also finds any of the following:
(a) The offender committed one or more of the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code, or was under post-release control for a prior offense.
(b) At least two of the multiple offenses were committed as part of one or more courses of conduct, and the harm caused by two or more of the multiple offenses so committed was so great or unusual that no single prison term for any of the offenses committed as part of any of the courses of conduct adequately reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender.
(5) If a mandatory prison term is imposed upon an offender pursuant to division (D)(5) or (6) of this section, the offender shall serve the mandatory prison term consecutively to and prior to any prison term imposed for the underlying violation of division (A)(1) or (2) of section 2903.06 of the Revised Code pursuant to division (A) of this section or section 2929.142 of the Revised Code. If a mandatory prison term is imposed upon an offender pursuant to division (D)(5) of this section, and if a mandatory prison term also is imposed upon the offender pursuant to division (D)(6) of this section in relation to the same violation, the offender shall serve the mandatory prison term imposed pursuant to division (D)(5) of this section consecutively to and prior to the mandatory prison term imposed pursuant to division (D)(6) of this section and consecutively to and prior to any prison term imposed for the underlying violation of division (A)(1) or (2) of section 2903.06 of the Revised Code pursuant to division (A) of this section or section 2929.142 of the Revised Code.
(6) When consecutive prison terms are imposed pursuant to division (E)(1), (2), (3), (4), or (5) of this section, the term to be served is the aggregate of all of the terms so imposed.
(F)(1) If a court imposes a prison term for a felony of the first degree, for a felony of the second degree, for a felony sex offense, or for a felony of the third degree that is not a felony sex offense and in the commission of which the offender caused or threatened to cause physical harm to a person, it shall include in the sentence a requirement that the offender be subject to a period of post-release control after the offender's release from imprisonment, in accordance with that division. If a court imposes a sentence including a prison term of a type described in this division on or after July 11, 2006, the failure of a court to include a post-release control requirement in the sentence pursuant to this division does not negate, limit, or otherwise affect the mandatory period of post-release control that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control.
(2) If a court imposes a prison term for a felony of the third, fourth, or fifth degree that is not subject to division (F)(1) of this section, it shall include in the sentence a requirement that the offender be subject to a period of post-release control after the offender's release from imprisonment, in accordance with that division, if the parole board determines that a period of post-release control is necessary. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in this division and failed to include in the sentence pursuant to this division a statement regarding post-release control.
(G) If a The court shall impose sentence upon the offender in
accordance with section 2971.03 of the Revised Code, and Chapter
2971. of the Revised Code applies regarding the prison term or
term of life imprisonment without parole imposed upon the offender
and the service of that term of imprisonment if any of the
following apply:
(1) A person is convicted of or pleads guilty to a
violent
sex
offense or a designated homicide, assault, or kidnapping
offense, and, in relation to that offense, the offender is
adjudicated a sexually violent
predator, if a.
(2) A person is convicted of or pleads guilty to a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after the effective date of this amendment January
2, 2007, and either the court does not impose a sentence of life
without parole when authorized pursuant to division (B) of section
2907.02 of the Revised Code, or division (B) of section 2907.02 of
the Revised Code provides that the court shall not sentence the
offender pursuant to section 2971.03 of the Revised Code, or if a.
(3) A person is convicted of or pleads guilty to attempted
rape committed on or after the effective date of this amendment
January 2, 2007, and a specification of the type described in
section 2941.1418, 2941.1419, or 2941.1420 of the Revised Code,
the court shall impose
sentence upon the offender in
accordance
with section 2971.03 of the Revised
Code, and Chapter
2971. of the
Revised Code applies regarding the prison term
or
term of life
imprisonment without parole imposed upon the offender
and the
service of that term of imprisonment.
(4) A person is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code committed on or after the effective date of this amendment, and that section requires the court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(5) A person is convicted of or pleads guilty to aggravated murder committed on or after the effective date of this amendment, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires the court to sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code.
(6) A person is convicted of or pleads guilty to murder committed on or after the effective date of this amendment, and division (B)(2) of section 2929.02 of the Revised Code requires the court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(H) If a person who has been convicted of or pleaded guilty to a felony is sentenced to a prison term or term of imprisonment under this section, sections 2929.02 to 2929.06 of the Revised Code, section 2929.142 of the Revised Code, section 2971.03 of the Revised Code, or any other provision of law, section 5120.163 of the Revised Code applies regarding the person while the person is confined in a state correctional institution.
(I) If an offender who is convicted of or pleads guilty to a felony that is an offense of violence also is convicted of or pleads guilty to a specification of the type described in section 2941.142 of the Revised Code that charges the offender with having committed the felony while participating in a criminal gang, the court shall impose upon the offender an additional prison term of one, two, or three years.
(J) If an offender who is convicted of or pleads guilty to aggravated murder, murder, or a felony of the first, second, or third degree that is an offense of violence also is convicted of or pleads guilty to a specification of the type described in section 2941.143 of the Revised Code that charges the offender with having committed the offense in a school safety zone or towards a person in a school safety zone, the court shall impose upon the offender an additional prison term of two years. The offender shall serve the additional two years consecutively to and prior to the prison term imposed for the underlying offense.
(K) At the time of sentencing, the court may recommend the offender for placement in a program of shock incarceration under section 5120.031 of the Revised Code or for placement in an intensive program prison under section 5120.032 of the Revised Code, disapprove placement of the offender in a program of shock incarceration or an intensive program prison of that nature, or make no recommendation on placement of the offender. In no case shall the department of rehabilitation and correction place the offender in a program or prison of that nature unless the department determines as specified in section 5120.031 or 5120.032 of the Revised Code, whichever is applicable, that the offender is eligible for the placement.
If the court disapproves placement of the offender in a program or prison of that nature, the department of rehabilitation and correction shall not place the offender in any program of shock incarceration or intensive program prison.
If the court recommends placement of the offender in a program of shock incarceration or in an intensive program prison, and if the offender is subsequently placed in the recommended program or prison, the department shall notify the court of the placement and shall include with the notice a brief description of the placement.
If the court recommends placement of the offender in a program of shock incarceration or in an intensive program prison and the department does not subsequently place the offender in the recommended program or prison, the department shall send a notice to the court indicating why the offender was not placed in the recommended program or prison.
If the court does not make a recommendation under this division with respect to an offender and if the department determines as specified in section 5120.031 or 5120.032 of the Revised Code, whichever is applicable, that the offender is eligible for placement in a program or prison of that nature, the department shall screen the offender and determine if there is an available program of shock incarceration or an intensive program prison for which the offender is suited. If there is an available program of shock incarceration or an intensive program prison for which the offender is suited, the department shall notify the court of the proposed placement of the offender as specified in section 5120.031 or 5120.032 of the Revised Code and shall include with the notice a brief description of the placement. The court shall have ten days from receipt of the notice to disapprove the placement.
(L) If a person is convicted of or pleads guilty to aggravated vehicular homicide in violation of division (A)(1) of section 2903.06 of the Revised Code and division (B)(2)(c) of that section applies, the person shall be sentenced pursuant to section 2929.142 of the Revised Code.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender.
(2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced on or
after January 1, 1997, for a
sexually oriented offense that is not
a registration-exempt sexually oriented offense and who is in any
category of offender described in division (B)(1)(a)(i), (ii), or
(iii) of section 2950.09 of the Revised Code, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
violent sex
offense or a designated homicide, assault, or kidnapping offense
and, in relation to that offense, the offender was adjudicated a
sexually violent predator, if the offender is being sentenced
under section 2971.03 of the Revised Code for a violation of
division (A)(1)(b) of section 2907.02 of the Revised Code
committed on or after the effective date of this amendment, if the
offender is sentenced to a term of life without parole under
division (B) of section 2907.02 of the Revised Code, or if the
offender is being sentenced for attempted rape committed on or
after the effective date of this amendment and a specification of
the type described in section 2941.1418, 2941.1419, or 2941.1420
of the Revised Code. Before imposing sentence
on an
offender who
is being sentenced for a sexually oriented
offense that is not a
registration-exempt sexually oriented offense,
the court also
shall comply with division (E) of section
2950.09 of
the Revised
Code.
Before imposing sentence on or after July 31, 2003, on an
offender who is being sentenced for a child-victim oriented
offense, regardless of when the offense was committed, the court
shall conduct a hearing in accordance with division (B) of section
2950.091 of the Revised Code to determine whether the offender is
a child-victim predator. Before imposing sentence on an offender
who is being sentenced for a child-victim oriented offense, the
court also shall comply with division (E) of section 2950.091 of
the Revised Code.
(B)(1) At the sentencing hearing, the court, before imposing sentence, shall consider the record, any information presented at the hearing by any person pursuant to division (A) of this section, and, if one was prepared, the presentence investigation report made pursuant to section 2951.03 of the Revised Code or Criminal Rule 32.2, and any victim impact statement made pursuant to section 2947.051 of the Revised Code.
(2) The court shall impose a sentence and shall make a finding that gives its reasons for selecting the sentence imposed in any of the following circumstances:
(a) Unless the offense is a violent sex offense or designated homicide, assault, or kidnapping offense for which the court is required to impose sentence pursuant to division (G) of section 2929.14 of the Revised Code, if it imposes a prison term for a felony of the fourth or fifth degree or for a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and that is specified as being subject to division (B) of section 2929.13 of the Revised Code for purposes of sentencing, its reasons for imposing the prison term, based upon the overriding purposes and principles of felony sentencing set forth in section 2929.11 of the Revised Code, and any factors listed in divisions (B)(1)(a) to (i) of section 2929.13 of the Revised Code that it found to apply relative to the offender.
(b) If it does not impose a prison term for a felony of the first or second degree or for a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and for which a presumption in favor of a prison term is specified as being applicable, its reasons for not imposing the prison term and for overriding the presumption, based upon the overriding purposes and principles of felony sentencing set forth in section 2929.11 of the Revised Code, and the basis of the findings it made under divisions (D)(1) and (2) of section 2929.13 of the Revised Code.
(c) If it imposes consecutive sentences under section 2929.14 of the Revised Code, its reasons for imposing the consecutive sentences;
(d) If the sentence is for one offense and it imposes a prison term for the offense that is the maximum prison term allowed for that offense by division (A) of section 2929.14 of the Revised Code or section 2929.142 of the Revised Code, its reasons for imposing the maximum prison term;
(e) If the sentence is for two or more offenses arising out of a single incident and it imposes a prison term for those offenses that is the maximum prison term allowed for the offense of the highest degree by division (A) of section 2929.14 of the Revised Code or section 2929.142 of the Revised Code, its reasons for imposing the maximum prison term.
(3) Subject to division (B)(4) of this section, if the sentencing court determines at the sentencing hearing that a prison term is necessary or required, the court shall do all of the following:
(a) Impose a stated prison term;
(b) Notify the offender that, as part of the sentence, the parole board may extend the stated prison term for certain violations of prison rules for up to one-half of the stated prison term;
(c) Notify the offender that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison if the offender is being sentenced for a felony of the first degree or second degree, for a felony sex offense, or for a felony of the third degree that is not a felony sex offense and in the commission of which the offender caused or threatened to cause physical harm to a person. If a court imposes a sentence including a prison term of a type described in division (B)(3)(c) of this section on or after July 11, 2006, the failure of a court to notify the offender pursuant to division (B)(3)(c) of this section that the offender will be supervised under section 2967.28 of the Revised Code after the offender leaves prison or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the mandatory period of supervision that is required for the offender under division (B) of section 2967.28 of the Revised Code. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in division (B)(3)(c) of this section and failed to notify the offender pursuant to division (B)(3)(c) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control.
(d) Notify the offender that the offender may be supervised under section 2967.28 of the Revised Code after the offender leaves prison if the offender is being sentenced for a felony of the third, fourth, or fifth degree that is not subject to division (B)(3)(c) of this section. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term of a type described in division (B)(3)(d) of this section and failed to notify the offender pursuant to division (B)(3)(d) of this section regarding post-release control or to include in the judgment of conviction entered on the journal or in the sentence a statement regarding post-release control.
(e) Notify the offender that, if a period of supervision is imposed following the offender's release from prison, as described in division (B)(3)(c) or (d) of this section, and if the offender violates that supervision or a condition of post-release control imposed under division (B) of section 2967.131 of the Revised Code, the parole board may impose a prison term, as part of the sentence, of up to one-half of the stated prison term originally imposed upon the offender. If a court imposes a sentence including a prison term on or after July 11, 2006, the failure of a court to notify the offender pursuant to division (B)(3)(e) of this section that the parole board may impose a prison term as described in division (B)(3)(e) of this section for a violation of that supervision or a condition of post-release control imposed under division (B) of section 2967.131 of the Revised Code or to include in the judgment of conviction entered on the journal a statement to that effect does not negate, limit, or otherwise affect the authority of the parole board to so impose a prison term for a violation of that nature if, pursuant to division (D)(1) of section 2967.28 of the Revised Code, the parole board notifies the offender prior to the offender's release of the board's authority to so impose a prison term. Section 2929.191 of the Revised Code applies if, prior to July 11, 2006, a court imposed a sentence including a prison term and failed to notify the offender pursuant to division (B)(3)(e) of this section regarding the possibility of the parole board imposing a prison term for a violation of supervision or a condition of post-release control.
(f) Require that the offender not ingest or be injected with a drug of abuse and submit to random drug testing as provided in section 341.26, 753.33, or 5120.63 of the Revised Code, whichever is applicable to the offender who is serving a prison term, and require that the results of the drug test administered under any of those sections indicate that the offender did not ingest or was not injected with a drug of abuse.
(4) If the (a) The court shall include in the offender's
sentence a statement that the offender is a tier III sex
offender/child-victim offender, and the court shall comply with
the requirements of section 2950.03 of the Revised Code if any of
the following apply:
(i) The offender is being sentenced for a
violent sex
offense or designated homicide, assault, or kidnapping offense
that the offender committed on or after January 1,
1997,
and the
offender is adjudicated a
sexually
violent predator in relation to
that offense, if the.
(ii) The
offender is being sentenced
for
a
sexually oriented
offense that is not a registration-exempt sexually oriented
offense and that the offender
committed on or
after
January 1,
1997, and the court
imposing the sentence has
determined pursuant
to division (B) of
section 2950.09 of
the
Revised Code that the
offender is a sexual predator, if the tier III sex
offender/child-victim offender relative to that offense.
(iii) The offender is being sentenced on or after July 31,
2003, for a child-victim oriented offense, and the court imposing
the sentence has determined pursuant to division (B) of section
2950.091 of the Revised Code that the offender is a child-victim
predator,
if the
offender is being sentenced for an aggravated
sexually oriented
offense as defined in section 2950.01 of the
Revised Code, if the tier III sex offender/child-victim offender
relative to that offense.
(iv) The offender is being sentenced under section 2971.03 of
the Revised Code for a violation of division (A)(1)(b) of section
2907.02 of the Revised Code committed on or after the effective
date of this amendment, if the January 2, 2007.
(v) The offender is sentenced to a term of life without
parole under division (B) of section 2907.02 of the Revised Code,
or if the.
(vi) The offender is being sentenced for attempted rape
committed on or after the effective date of this amendment January
2, 2007, and a specification of the type described in section
2941.1418, 2941.1419, or 2941.1420 of the Revised Code, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated a sexual
predator, has been
adjudicated a child victim predator,
or has been convicted of or
pleaded guilty
to an
aggravated sexually oriented offense,
whichever is
applicable, and
shall
comply with the requirements of
section
2950.03 of the
Revised
Code.
(vii) The offender is being sentenced under division (B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code for an offense described in those divisions committed on or after the effective date of this amendment.
(b) Additionally, if any criterion set forth in divisions (B)(4)(a)(i) to (vii) of this section is satisfied, in the circumstances described in division (G) of section 2929.14 of the Revised Code, the court shall impose sentence on the offender as described in that division.
(5) If the sentencing court determines at the sentencing hearing that a community control sanction should be imposed and the court is not prohibited from imposing a community control sanction, the court shall impose a community control sanction. The court shall notify the offender that, if the conditions of the sanction are violated, if the offender commits a violation of any law, or if the offender leaves this state without the permission of the court or the offender's probation officer, the court may impose a longer time under the same sanction, may impose a more restrictive sanction, or may impose a prison term on the offender and shall indicate the specific prison term that may be imposed as a sanction for the violation, as selected by the court from the range of prison terms for the offense pursuant to section 2929.14 of the Revised Code.
(6) Before imposing a financial sanction under section 2929.18 of the Revised Code or a fine under section 2929.32 of the Revised Code, the court shall consider the offender's present and future ability to pay the amount of the sanction or fine.
(7) If the sentencing court sentences the offender to a sanction of confinement pursuant to section 2929.14 or 2929.16 of the Revised Code that is to be served in a local detention facility, as defined in section 2929.36 of the Revised Code, and if the local detention facility is covered by a policy adopted pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code and section 2929.37 of the Revised Code, both of the following apply:
(a) The court shall specify both of the following as part of the sentence:
(i) If the offender is presented with an itemized bill pursuant to section 2929.37 of the Revised Code for payment of the costs of confinement, the offender is required to pay the bill in accordance with that section.
(ii) If the offender does not dispute the bill described in division (B)(7)(a)(i) of this section and does not pay the bill by the times specified in section 2929.37 of the Revised Code, the clerk of the court may issue a certificate of judgment against the offender as described in that section.
(b) The sentence automatically includes any certificate of judgment issued as described in division (B)(7)(a)(ii) of this section.
(C)(1) If the offender is being sentenced for a fourth degree felony OVI offense under division (G)(1) of section 2929.13 of the Revised Code, the court shall impose the mandatory term of local incarceration in accordance with that division, shall impose a mandatory fine in accordance with division (B)(3) of section 2929.18 of the Revised Code, and, in addition, may impose additional sanctions as specified in sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised Code. The court shall not impose a prison term on the offender except that the court may impose a prison term upon the offender as provided in division (A)(1) of section 2929.13 of the Revised Code.
(2) If the offender is being sentenced for a third or fourth degree felony OVI offense under division (G)(2) of section 2929.13 of the Revised Code, the court shall impose the mandatory prison term in accordance with that division, shall impose a mandatory fine in accordance with division (B)(3) of section 2929.18 of the Revised Code, and, in addition, may impose an additional prison term as specified in section 2929.14 of the Revised Code. In addition to the mandatory prison term or mandatory prison term and additional prison term the court imposes, the court also may impose a community control sanction on the offender, but the offender shall serve all of the prison terms so imposed prior to serving the community control sanction.
(D) The sentencing court, pursuant to division (K) of section 2929.14 of the Revised Code, may recommend placement of the offender in a program of shock incarceration under section 5120.031 of the Revised Code or an intensive program prison under section 5120.032 of the Revised Code, disapprove placement of the offender in a program or prison of that nature, or make no recommendation. If the court recommends or disapproves placement, it shall make a finding that gives its reasons for its recommendation or disapproval.
Sec. 2929.23. (A)
If an offender is being sentenced for a
sexually oriented offense or child-victim oriented offense that is
a misdemeanor
committed on or
after
January 1, 1997, and if the
judge imposing
sentence for the
sexually oriented offense
determines pursuant to
division (B) of
section 2950.09 of the
Revised Code that the
offender is a
sexual
predator tier III sex
offender/child-victim offender relative to the offense or the
offense is any offense listed in division (D)(1) to (3) of section
2901.07 of the Revised Code, the judge shall include in the
offender's sentence a
statement that
the offender has been
adjudicated a sexual
predator is a tier III sex
offender/child-victim offender, shall comply with the
requirements
of section 2950.03 of
the
Revised Code, and shall
require the
offender to submit to a
DNA specimen collection
procedure pursuant
to section 2901.07 of
the Revised Code.
(B) Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense that is a misdemeanor,
that was
committed
on or after January 1, 1997, and that is not a
registration-exempt sexually oriented offense, the judge shall
conduct a
hearing in accordance with division (B) of section
2950.09 of the
Revised Code to determine whether the offender is
a
sexual
predator. Before imposing sentence on an offender who is
being
sentenced for a sexually oriented offense that is not a
registration-exempt sexually oriented offense,
the court also
shall
comply with division (E) of section 2950.09
of the Revised
Code.
Before imposing sentence on or after the effective date of
this amendment on an offender who is being sentenced for a
child-victim oriented offense that is a misdemeanor, regardless of
when the offense was committed, the judge shall conduct a hearing
in accordance with division (B) of section 2950.091 of the Revised
Code to determine whether the offender is a child-victim predator.
Before imposing sentence on an offender who is being sentenced for
a child-victim oriented offense, the court also shall comply with
division (E) of section 2950.091 of the Revised Code.
(C) If an offender is being sentenced for a sexually
oriented
offense that is not a registration-exempt sexually oriented
offense or for a child-victim oriented offense that is a
misdemeanor committed on or after
January 1,
1997, the judge shall
include in the sentence a summary
of the offender's duties imposed
under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code and the
duration of
the duties. The judge shall
inform the offender, at
the time of
sentencing, of those duties
and of their duration and,
if. If required
under division (A)(2)
of
section 2950.03 of the
Revised Code, the judge
shall perform
the duties
specified in that section or, if required under
division (A)(6) of section 2950.03 of the Revised Code, the judge
shall perform the duties specified in that division.
Sec. 2930.16. (A) If a defendant is incarcerated, a victim in a case who has requested to receive notice under this section shall be given notice of the incarceration of the defendant. If an alleged juvenile offender is committed to the temporary custody of a school, camp, institution, or other facility operated for the care of delinquent children or to the legal custody of the department of youth services, a victim in a case who has requested to receive notice under this section shall be given notice of the commitment. Promptly after sentence is imposed upon the defendant or the commitment of the alleged juvenile offender is ordered, the prosecutor in the case shall notify the victim of the date on which the defendant will be released from confinement or the prosecutor's reasonable estimate of that date or the date on which the alleged juvenile offender will have served the minimum period of commitment or the prosecutor's reasonable estimate of that date. The prosecutor also shall notify the victim of the name of the custodial agency of the defendant or alleged juvenile offender and tell the victim how to contact that custodial agency. If the custodial agency is the department of rehabilitation and correction, the prosecutor shall notify the victim of the services offered by the office of victims' services pursuant to section 5120.60 of the Revised Code. If the custodial agency is the department of youth services, the prosecutor shall notify the victim of the services provided by the office of victims' services within the release authority of the department pursuant to section 5139.55 of the Revised Code and the victim's right pursuant to section 5139.56 of the Revised Code to submit a written request to the release authority to be notified of actions the release authority takes with respect to the alleged juvenile offender. The victim shall keep the custodial agency informed of the victim's current address and telephone number.
(B)(1) Upon the victim's request, the prosecutor promptly shall notify the victim of any hearing for judicial release of the defendant pursuant to section 2929.20 of the Revised Code or of any hearing for judicial release or early release of the alleged juvenile offender pursuant to section 2151.38 of the Revised Code and of the victim's right to make a statement under those sections. The court shall notify the victim of its ruling in each of those hearings and on each of those applications.
(2) If an offender is convicted of or pleads guilty to a
violent sex offense or designated homicide, assault, or kidnapping
offense, the offender is adjudicated a sexually violent
predator
in relation to that crime, and the offender is sentenced to a
prison term for that crime pursuant to division
(A)(3) or (B) of
section 2971.03 of the Revised Code, if an offender is convicted
of or pleads guilty to a violation of division (A)(1)(b) of
section 2907.02 of the Revised Code committed on or after the
effective date of this amendment, and the offender is sentenced to
a prison term for that offense pursuant to division (B)(1)(a),
(b), or (c) of section 2971.03 of the Revised Code, if an offender
is convicted of or pleads guilty to attempted rape committed on or
after the effective date of this amendment, the offender also is
convicted of or pleads guilty to a specification of the type
described in section 2941.1418 of the Revised Code, and the
offender is sentenced to a prison term for that offense pursuant
to division (B)(2)(a) of section 2971.03 of the Revised Code, if
the offender is convicted of or pleads guilty to attempted rape
committed on or after the effective date of this amendment, the
offender also is convicted of or pleads guilty to a specification
of the type described in section 2941.1419 of the Revised Code,
and the offender is sentenced to a prison term for that offense
pursuant to division (B)(2)(b) of section 2971.03 of the Revised
Code, or if the offender is convicted of or pleads guilty to
attempted rape committed on or after the effective date of this
amendment, the offender also is convicted of or pleads guilty to a
specification of the type described in section 2941.1420 of the
Revised Code, and the offender is sentenced to a prison term for
that offense pursuant to division (B)(2)(c) of section 2971.03 of
the Revised Code, upon the request of the victim of the crime, the
prosecutor promptly
shall notify the victim of any hearing to be
conducted pursuant
to section 2971.05 of the Revised Code to
determine whether to
modify the requirement that the offender
serve the entire prison
term in a state correctional facility in
accordance with
division (C) of that section,
whether to continue,
revise, or revoke any existing modification
of that requirement,
or whether to terminate the prison term in
accordance with
division (D) of
that section. The court shall notify the victim of
any order
issued at the conclusion of the hearing.
As used in
this
division:
(a) "Adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code and a person is
"adjudicated a sexually violent predator" in the same manner and
the same circumstances as are described in that section.
(b) "Designated homicide, assault, or kidnapping offense" and
"violent sex offense" have the same meanings as in section 2971.01
of the Revised Code.
(C) Upon the victim's request made at any time before the particular notice would be due, the custodial agency of a defendant or alleged juvenile offender shall give the victim any of the following notices that is applicable:
(1) At least three weeks before the adult parole authority recommends a pardon or commutation of sentence for the defendant or at least three weeks prior to a hearing before the adult parole authority regarding a grant of parole to the defendant, notice of the victim's right to submit a statement regarding the impact of the defendant's release in accordance with section 2967.12 of the Revised Code and, if applicable, of the victim's right to appear at a full board hearing of the parole board to give testimony as authorized by section 5149.101 of the Revised Code;
(2) At least three weeks before the defendant is transferred to transitional control under section 2967.26 of the Revised Code, notice of the pendency of the transfer and of the victim's right under that section to submit a statement regarding the impact of the transfer;
(3) At least thirty days before the release authority of the department of youth services holds a release review, release hearing, or discharge review for the alleged juvenile offender, notice of the pendency of the review or hearing, of the victim's right to make an oral or written statement regarding the impact of the crime upon the victim or regarding the possible release or discharge, and, if the notice pertains to a hearing, of the victim's right to attend and make statements or comments at the hearing as authorized by section 5139.56 of the Revised Code;
(4) Prompt notice of the defendant's or alleged juvenile offender's escape from a facility of the custodial agency in which the defendant was incarcerated or in which the alleged juvenile offender was placed after commitment, of the defendant's or alleged juvenile offender's absence without leave from a mental health or mental retardation and developmental disabilities facility or from other custody, and of the capture of the defendant or alleged juvenile offender after an escape or absence;
(5) Notice of the defendant's or alleged juvenile offender's death while in confinement or custody;
(6) Notice of the defendant's or alleged juvenile offender's release from confinement or custody and the terms and conditions of the release.
Sec. 2941.148. (A)(1) The application of Chapter 2971. of the Revised Code to an offender is precluded unless one of the following applies:
(a) The offender is charged with a violent sex offense, and the indictment, count in the indictment, or information charging the violent sex offense also includes a specification that the offender is a sexually violent predator, or the offender is charged with a designated homicide, assault, or kidnapping offense, and the indictment, count in the indictment, or information charging the designated homicide, assault, or kidnapping offense also includes both a specification of the type described in section 2941.147 of the Revised Code and a specification that the offender is a sexually violent predator.
(b) The offender is convicted of or pleads guilty to a
violation of division (A)(1)(b) of section 2907.02 of the Revised
Code committed on or after the effective date of this amendment
January 2, 2007, and division (B) of section 2907.02 of the
Revised Code does not prohibit the court from sentencing the
offender pursuant to section 2971.03 of the Revised Code.
(c) The offender is convicted of or pleads guilty to
attempted rape committed on or after the effective date of this
amendment January 2, 2007, and to a specification of the type
described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code.
(d) The offender is convicted of or pleads guilty to a violation of section 2905.01 of the Revised Code and to a specification of the type described in section 2941.147 of the Revised Code, and section 2905.01 of the Revised Code requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(e) The offender is convicted of or pleads guilty to aggravated murder and to a specification of the type described in section 2941.147 of the Revised Code, and division (A)(2)(b)(ii) of section 2929.022, division (A)(1)(e), (C)(1)(a)(v), (C)(2)(a)(ii), (D)(2)(b), (D)(3)(a)(iv), or (E)(1)(d) of section 2929.03, or division (A) or (B) of section 2929.06 of the Revised Code requires a court to sentence the offender pursuant to division (B)(3) of section 2971.03 of the Revised Code.
(f) The offender is convicted of or pleads guilty to murder and to a specification of the type described in section 2941.147 of the Revised Code, and division (B)(2) of section 2929.02 of the Revised Code requires a court to sentence the offender pursuant to section 2971.03 of the Revised Code.
(2) A specification required under division (A)(1)(a) of this section that an offender is a sexually violent predator shall be stated at the end of the body of the indictment, count, or information and shall be stated in substantially the following form:
"Specification (or, specification to the first count). The grand jury (or insert the person's or prosecuting attorney's name when appropriate) further find and specify that the offender is a sexually violent predator."
(B) In determining for purposes of this section whether a person is a sexually violent predator, all of the factors set forth in divisions (H)(1) to (6) of section 2971.01 of the Revised Code that apply regarding the person may be considered as evidence tending to indicate that it is likely that the person will engage in the future in one or more sexually violent offenses.
(C) As used in this section, "designated homicide, assault, or kidnapping offense," "violent sex offense," and "sexually violent predator" have the same meanings as in section 2971.01 of the Revised Code.
Sec. 2950.01. As used in this chapter, unless the context clearly requires otherwise:
(A) "Sexually oriented offense" means any of the following violations or offenses committed by a person, regardless of the person's age:
(1) A violation of section 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322, or 2907.323 of the Revised Code;
(2) A violation of section 2907.04 of the Revised Code when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct, the other person did not consent to the sexual conduct, and the offender previously has not been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code;
(3) A violation of section 2907.04 of the Revised Code when the offender is at least four years older than the other person with whom the offender engaged in sexual conduct or when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct and the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code;
(4) A violation of section 2903.01, 2903.02, or 2903.11 of the Revised Code when the violation was committed with a sexual motivation;
(5) A violation of division (A) of section 2903.04 of the Revised Code when the offender committed or attempted to commit the felony that is the basis of the violation with a sexual motivation;
(6) A violation of division (A)(3) of section 2903.211 of the Revised Code;
(7) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised Code when the offense is committed with a sexual motivation;
(8) A violation of division (A)(4) of section 2905.01 of the Revised Code;
(9) A violation of division (B) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age and the offender is not a parent of the victim of the offense;
(10) A violation of division (B) of section 2905.02, of division (B) of section 2905.03, of division (B) of section 2905.05, or of division (B)(5) of section 2919.22 of the Revised Code;
(11) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this section;
(12) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this section.
(B)(1) "Sex offender" means, subject to division (B)(2) of this section, a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing any sexually oriented offense.
(2) "Sex offender" does not include a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing a sexually oriented offense if the offense involves consensual sexual conduct or consensual sexual contact and either of the following applies:
(a) The victim of the sexually oriented offense was eighteen years of age or older and at the time of the sexually oriented offense was not under the custodial authority of the person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing the sexually oriented offense.
(b) The victim of the offense was thirteen years of age or older, and the person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing the sexually oriented offense is not more than four years older than the victim.
(C) "Child-victim oriented offense" means any of the following violations or offenses committed by a person, regardless of the person's age, when the victim is under eighteen years of age and is not a child of the person who commits the violation:
(1) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised Code when the violation is not included in division (A)(7) of this section;
(2) A violation of division (A) of section 2905.02, division (A) of section 2905.03, or division (A) of section 2905.05 of the Revised Code;
(3) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (C)(1) or (2) of this section;
(4) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (C)(1), (2), or (3) of this section.
(D) "Child-victim offender" means a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing any child-victim oriented offense.
(E) "Tier I sex offender/child-victim offender" means any of the following:
(1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any of the following sexually oriented offenses:
(a) A violation of section 2907.06, 2907.07, 2907.08, or 2907.32 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct, the other person did not consent to the sexual conduct, and the offender previously has not been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code;
(c) A violation of division (A)(1), (2), (3), or (5) of section 2907.05 of the Revised Code;
(d) A violation of division (A)(3) of section 2907.323 of the Revised Code;
(e) A violation of division (A)(3) of section 2903.211, of division (B) of section 2905.03, or of division (B) of section 2905.05 of the Revised Code;
(f) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States, that is or was substantially equivalent to any offense listed in division (E)(1)(a), (b), (c), (d), or (e) of this section;
(g) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (E)(1)(a), (b), (c), (d), (e), or (f) of this section.
(2) A child-victim offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to a child-victim oriented offense and who is not within either category of child-victim offender described in division (F)(2) or (G)(2) of this section.
(3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any sexually oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier I sex offender/child-victim offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any child-victim oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier I sex offender/child-victim offender relative to the offense.
(F) "Tier II sex offender/child-victim offender" means any of the following:
(1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any of the following sexually oriented offenses:
(a) A violation of section 2907.21, 2907.321, or 2907.322 of the Revised Code;
(b) A violation of section 2907.04 of the Revised Code when the offender is at least four years older than the other person with whom the offender engaged in sexual conduct, or when the offender is less than four years older than the other person with whom the offender engaged in sexual conduct and the offender previously has been convicted of or pleaded guilty to a violation of section 2907.02, 2907.03, or 2907.04 of the Revised Code or former section 2907.12 of the Revised Code;
(c) A violation of division (A)(4) of section 2907.05 or of division (A)(1) or (2) of section 2907.323 of the Revised Code;
(d) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised Code when the offense is committed with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the Revised Code when the victim of the offense is eighteen years of age or older;
(f) A violation of division (B) of section 2905.02 or of division (B)(5) of section 2919.22 of the Revised Code;
(g) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (F)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (F)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the sex offender previously has been convicted of, pleaded guilty to, or has been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier I sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any child-victim oriented offense when the child-victim oriented offense is committed after the child-victim offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier I sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any sexually oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier II sex offender/child-victim offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any child-victim oriented offense and whom a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier II sex offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any category of tier II sex offender/child-victim offender set forth in division (F)(1), (2), (3), or (4) of this section, who prior to January 1, 2008, was adjudicated a delinquent child for committing a sexually oriented offense or child-victim oriented offense, and who prior to that date was determined to be a habitual sex offender or determined to be a habitual child-victim offender, unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified pursuant to section 2950.031 or 2950.032 of the Revised Code as a tier I sex offender/child-victim offender or a tier III sex offender/child-victim offender relative to the offense.
(b) A juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies the child a tier I sex offender/child-victim offender or a tier III sex offender/child-victim offender relative to the offense.
(G) "Tier III sex offender/child-victim offender" means any of the following:
(1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any of the following sexually oriented offenses:
(a) A violation of section 2907.02 or 2907.03 of the Revised Code;
(b) A violation of division (B) of section 2907.05 of the Revised Code;
(c) A violation of section 2903.01, 2903.02, or 2903.11 of the Revised Code when the violation was committed with a sexual motivation;
(d) A violation of division (A) of section 2903.04 of the Revised Code when the offender committed or attempted to commit the felony that is the basis of the violation with a sexual motivation;
(e) A violation of division (A)(4) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age;
(f) A violation of division (B) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age and the offender is not a parent of the victim of the offense;
(g) A violation of any former law of this state, any existing or former municipal ordinance or law of another state or the United States, any existing or former law applicable in a military court or in an Indian tribal court, or any existing or former law of any nation other than the United States that is or was substantially equivalent to any offense listed in division (G)(1)(a), (b), (c), (d), (e), or (f) of this section;
(h) Any attempt to commit, conspiracy to commit, or complicity in committing any offense listed in division (G)(1)(a), (b), (c), (d), (e), (f), or (g) of this section;
(i) Any sexually oriented offense that is committed after the sex offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier II sex offender/child-victim offender or a tier III sex offender/child-victim offender.
(2) A child-victim offender who is convicted of, pleads guilty to, has been convicted of, or has pleaded guilty to any child-victim oriented offense when the child-victim oriented offense is committed after the child-victim offender previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense for which the offender was classified a tier II sex offender/child-victim offender or a tier III sex offender/child-victim offender.
(3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any sexually oriented offense and who a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier III sex offender/child-victim offender relative to the offense.
(4) A child-victim offender who is adjudicated a delinquent child for committing or has been adjudicated a delinquent child for committing any child-victim oriented offense and whom a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a tier III sex offender/child-victim offender relative to the current offense.
(5) A sex offender or child-victim offender who is not in any category of tier III sex offender/child-victim offender set forth in division (G)(1), (2), (3), or (4) of this section, who prior to January 1, 2008, was convicted of or pleaded guilty to a sexually oriented offense or child-victim oriented offense or was adjudicated a delinquent child for committing a sexually oriented offense or child-victim oriented offense and classified a juvenile offender registrant, and who prior to that date was adjudicated a sexual predator or adjudicated a child-victim predator, unless either of the following applies:
(a) The sex offender or child-victim offender is reclassified pursuant to section 2950.031 or 2950.032 of the Revised Code as a tier I sex offender/child-victim offender or a tier II sex offender/child-victim offender relative to the offense.
(b) The sex offender or child-victim offender is a delinquent child, and a juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code, classifies the child a tier I sex offender/child-victim offender or a tier II sex offender/child-victim offender relative to the offense.
(6) A sex offender who is convicted of, pleads guilty to, was convicted of, or pleaded guilty to a sexually oriented offense, if the sexually oriented offense and the circumstances in which it was committed are such that division (F) of section 2971.03 of the Revised Code automatically classifies the offender as a tier III sex offender/child-victim offender;
(7) A sex offender or child-victim offender who is convicted of, pleads guilty to, was convicted of, pleaded guilty to, is adjudicated a delinquent child for committing, or was adjudicated a delinquent child for committing a sexually oriented offense or child-victim offense in another state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States if both of the following apply:
(a) Under the law of the jurisdiction in which the offender was convicted or pleaded guilty or the delinquent child was adjudicated, the offender or delinquent child is in a category substantially equivalent to a category of tier III sex offender/child-victim offender described in division (G)(1), (2), (3), (4), (5), or (6) of this section.
(b) Subsequent to the conviction, plea of guilty, or adjudication in the other jurisdiction, the offender or delinquent child resides, has temporary domicile, attends school or an institution of higher education, is employed, or intends to reside in this state in any manner and for any period of time that subjects the offender or delinquent child to a duty to register or provide notice of intent to reside under section 2950.04 or 2950.041 of the Revised Code.
(H) "Confinement" includes, but is not limited to, a community residential sanction imposed pursuant to section 2929.16 or 2929.26 of the Revised Code.
(B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
to whom both
of the following apply:
(1) The person is convicted of or pleads guilty to a
sexually
oriented offense that is not a registration-exempt sexually
oriented offense, or the person is adjudicated a
delinquent
child
for committing on or after
January 1, 2002, a
sexually oriented
offense that is not a registration-exempt sexually oriented
offense, was
fourteen years of
age or older at
the time of
committing the
offense, and is
classified a juvenile
sex offender
registrant
based on
that
adjudication.
(2) One of the following applies to the person:
(a) Regarding a person who is an offender, the person
previously
was convicted of or pleaded
guilty to one or
more
sexually oriented offenses or child-victim oriented offenses
or
previously
was adjudicated a
delinquent
child for
committing one
or more
sexually oriented
offenses or child-victim oriented
offenses
and was
classified a
juvenile offender registrant or
out-of-state
juvenile
offender registrant based on one or more
of
those
adjudications,
regardless of when the offense was
committed
and
regardless of the
person's age at the time of
committing the
offense.
(b) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more sexually oriented offenses or
child-victim oriented offenses,
regardless of when the offense was
committed and regardless of the
person's age at the time of
committing the offense.
(C)(I) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
(D) "Sexually oriented offense" means any
of the following:
(1)
Any of
the
following
violations or offenses
committed by
a person
eighteen years of age or older:
(a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, 2907.05, or 2907.07 of the
Revised
Code;
(b) Any of the following offenses involving a minor, in
the
circumstances specified:
(i) A violation of division (A)(4) of section 2905.01 or
section 2907.04, 2907.06, or 2907.08 of the
Revised Code,
when the
victim
of the offense is under eighteen
years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code;
(iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code;
(v) A violation of division (B)(5) of section 2919.22 of
the
Revised Code when the child who is involved in the offense is
under eighteen years of age;
(vi) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01, of section 2903.211, 2905.02, 2905.03, or
2905.05, or of former section 2905.04 of the Revised Code, when
the victim of the offense is under eighteen years of age and the
offense is committed with a sexual motivation.
(c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a sexual motivation;
(d) A violent sex offense, or a designated homicide, assault,
or kidnapping offense if the offender also was convicted of or
pleaded guilty to a sexual motivation specification that was
included in the indictment, count in the indictment, or
information charging the designated homicide, assault, or
kidnapping offense;
(e) A violation of section 2907.06 or 2907.08 of the Revised
Code when the victim of the offense is eighteen years of age or
older, or a violation of section 2903.211 of the Revised Code when
the victim of the offense is eighteen years of age or older and
the offense is committed with a sexual motivation;
(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
(D)(1)(a),
(b), (c),
(d), or (e) of this
section;
(g) An attempt to commit, conspiracy to commit, or
complicity
in committing any offense listed in division (D)(1)(a),
(b), (c),
(d),
(e), or (f) of this section.
(2) An act committed by a person under eighteen years of age
that is
any of the following:
(a)
Subject to
division (D)(2)(i) of this section,
regardless
of the age of the
victim of the
violation, a violation
of section
2907.02, 2907.03,
2907.05, or 2907.07 of
the Revised Code;
(b) Subject to division (D)(2)(i) of this section, any of
the
following acts involving a minor in the circumstances
specified:
(i) A violation of division (A)(4) of section 2905.01 or
section 2907.06 or 2907.08 of the
Revised
Code,
when the
victim
of the violation is under eighteen years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (B)(5) of section 2919.22 of
the Revised Code when the child who is involved in the violation
is under eighteen years of age;
(iv) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01, section 2903.211, or former section 2905.04 of
the Revised Code, when the victim of the violation is under
eighteen years of age and the offense is committed with a sexual
motivation.
(c) Subject to division (D)(2)(i) of this section, any
of the
following:
(i) Any violent sex offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(ii) Any designated homicide, assault, or kidnapping offense
if that offense, if committed by an adult, would be a felony of
the first, second, third, or fourth degree and if the court
determined that, if the child was an adult, the child would be
guilty of a sexual motivation specification regarding that
offense.
(d) Subject to division (D)(2)(i) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
sexual
motivation;
(e) Subject to division (D)(2)(i) of this section, a
violation of division (A)(1) or (3) of section 2907.321, division
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of
section 2907.323 of the Revised Code, or an attempt to violate any
of those divisions, if the person who violates or attempts to
violate the division is four or more years older than the minor
who is the victim of the
violation;
(f) Subject to division (D)(2)(i) of this section, a
violation of section 2907.06 or 2907.08 of the Revised Code when
the victim of the violation is eighteen years of age or older, or
a violation of section 2903.211 of the Revised Code when the
victim of the violation is eighteen years of age or older and the
offense is committed with a sexual motivation;
(g) Subject to division (D)(2)(i) of this section, any
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 (D)(2)(a), (b), (c),
(d), (e), or (f) of
this section and that, if committed by an
adult, would be a felony
of the first, second, third, or fourth
degree;
(h) Subject to division (D)(2)(i) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (D)(2)(a), (b), (c),
(d), (e), (f), or (g) of this section;
(i) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (D)(1)(a), (b), (c), (d), (e),
(f), or (g) of this section or would be any offense listed in any
of those
divisions if committed by an adult.
(E) "Sexual predator" means a person
to whom either of
the
following applies:
(1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense that is not a
registration-exempt sexually oriented offense and is likely to
engage
in
the future in one or more sexually oriented offenses.
(2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense that is not a
registration-exempt sexually oriented offense, was fourteen years
of age
or older at
the time of committing the offense, was
classified a
juvenile
offender registrant based on that
adjudication, and
is
likely to engage in the future in one or more
sexually oriented
offenses.
(F)(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 (F)(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.
(G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
or "adjudicated a sexual predator" if any of
the following applies
and if, regarding a delinquent child, that
status has not been removed
pursuant to section 2152.84, 2152.85,
or 2950.09 of the Revised
Code:
(1) The offender is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is not a registration-exempt sexually oriented
offense, and any of the following apply:
(a) The sexually oriented offense is a violent sex offense or
a designated homicide, assault, or kidnapping offense, and the
offender is adjudicated a sexually violent predator in relation to
that offense.
(b) The sexually oriented offense is a violation of division
(A)(1)(b) of section 2907.02 of the Revised Code committed on or
after the effective date of this amendment, and either the
offender is sentenced under section 2971.03 of the Revised Code or
a sentence of life without parole is imposed under division (B) of
section 2907.02 of the Revised Code.
(c) The sexually oriented offense is attempted rape committed
on or after the effective date of this amendment, and the offender
also was convicted of or pleaded guilty to a specification of the
type described in section 2941.1418, 2941.1419, or 2941.1420 of
the Revised Code.
(2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense that is not a registration-exempt
sexually oriented offense, and the sentencing judge
determines
pursuant to division (B) of section 2950.09 of the
Revised Code
that the offender is a sexual predator.
(3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense that is not a
registration-exempt sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has
been
classified a juvenile offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to
section
2152.82, 2152.83,
2152.84,
or
2152.85
of
the
Revised
Code that the
delinquent child
is a
sexual
predator.
(4) Prior to January 1, 1997, the offender was convicted
of
or pleaded guilty to, and was sentenced for, a sexually
oriented
offense that is not a registration-exempt sexually oriented
offense, the offender is imprisoned in a state
correctional
institution on or after January 1, 1997, and the
court determines
pursuant to division (C) of section 2950.09 of
the Revised Code
that the offender is a sexual predator.
(5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
has been convicted of or pleaded guilty to,
or
is adjudicated a
delinquent child for committing a sexually
oriented offense that is not a registration-exempt sexually
oriented 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, as a result of that conviction,
plea of
guilty,
or adjudication, the offender
or delinquent
child
is
required,
under the law of the jurisdiction in which the
offender
was
convicted or pleaded guilty
or the delinquent child
was
adjudicated, to register as a sex offender until the
offender's
or
delinquent child's death, and, on or after July 1, 1997,
for
offenders or
January 1, 2002, for
delinquent children, the
offender
or
delinquent
child moves to and
resides in this state or
temporarily
is
domiciled in this state
for more than five days or
the offender is required under section 2950.04 of the Revised Code
to register a school, institution of higher education, or place of
employment address in this state,
unless a
court
of common pleas
or
juvenile court determines that
the
offender
or delinquent
child
is
not a sexual predator pursuant
to
division (F) of section
2950.09
of the Revised Code.
(H)(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.
(I)(L) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(J)(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 that is not a
registration-exempt 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, or 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 if the child committed a sexually oriented offense or
with sections 2950.041, 2950.05, and 2950.06 of the Revised Code
if the child committed a child-victim oriented offense. "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.
(K)(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.
(L)(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 that is not a
registration-exempt 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 if the child committed a
sexually oriented offense or has a duty under section 2950.041 of
the Revised Code to register in this state and the duty to
otherwise comply with that section and sections 2950.05 and
2950.06 of the Revised Code if the child committed a child-victim
oriented offense. "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.
(M)(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.
(N)(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.
(O) "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.
(P)(1) "Presumptive registration-exempt sexually oriented
offense" means any of the following sexually oriented offenses
described in division (P)(1)(a), (b), (c), (d), or (e) of this
section, when the offense is committed by a person who previously
has not been convicted of, pleaded guilty to, or adjudicated a
delinquent child for committing any sexually oriented offense
described in division (P)(1)(a), (b), (c), (d), or (e) of this
section, any other sexually oriented offense, or any child-victim
oriented offense and when the victim or intended victim of the
offense is eighteen years of age or older:
(a) Any sexually oriented offense listed in division
(D)(1)(e) or (D)(2)(f) of this section committed by a person who
is eighteen years of age or older or, subject to division
(P)(1)(e) of this section, committed by a person who is under
eighteen years of age;
(b) Any 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
committed by a person who is eighteen years of age or older and
that is or was substantially equivalent to any sexually oriented
offense listed in division (P)(1)(a) of this section;
(c) Subject to division (P)(1)(e) of this section, any
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 committed by a person who is
under eighteen years of age, that is or was substantially
equivalent to any sexually oriented offense listed in division
(P)(1)(a) of this section, and that would be a felony of the
fourth degree if committed by an adult;
(d) Any attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (P)(1)(a)
or (b) of this section if the person is eighteen years of age or
older or, subject to division (P)(1)(e) of this section, listed in
division (P)(1)(a) or (c) of this section if the person is under
eighteen years of age.
(e) Regarding an act committed by a person under eighteen
years of age, if the child's case has been transferred for
criminal prosecution under section 2152.12 of the Revised Code,
the act is any sexually oriented offense listed in division
(P)(1)(a), (b), or (d) of this section.
(2) "Presumptive registration-exempt sexually oriented
offense" does not include any sexually oriented offense described
in division (P)(1)(a), (b), (c), (d), or (e) of this section that
is committed by a person who previously has been convicted of,
pleaded guilty to, or adjudicated a delinquent child for
committing any sexually oriented offense described in division
(P)(1)(a), (b), (c), (d), or (e) of this section or any other
sexually oriented offense.
(Q)(1) "Registration-exempt sexually oriented offense" means
any presumptive registration-exempt sexually oriented offense, if
a court does not issue an order under section 2950.021 of the
Revised Code that removes the presumptive exemption and subjects
the offender who was convicted of or pleaded guilty to the offense
to registration under section 2950.04 of the Revised Code and all
other duties and responsibilities generally imposed under this
chapter upon persons who are convicted of or plead guilty to any
sexually oriented offense other than a presumptive
registration-exempt sexually oriented offense or that removes the
presumptive exemption and potentially subjects the child who was
adjudicated a delinquent child for committing the offense to
classification as a juvenile offender registrant under section
2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code and to
registration under section 2950.04 of the Revised Code and all
other duties and responsibilities generally imposed under this
chapter upon persons who are adjudicated delinquent children for
committing a sexually oriented offense other than a presumptive
registration-exempt sexually oriented offense.
(2) "Registration-exempt sexually oriented offense" does not
include a presumptive registration-exempt sexually oriented
offense if a court issues an order under section 2950.021 of the
Revised Code that removes the presumptive exemption and subjects
the offender or potentially subjects the delinquent child to the
duties and responsibilities described in division (Q)(1) of this
section.
(R)(S)
"School" and "school premises" have the same meanings
as in section 2925.01 of the Revised Code.
(S)(1) "Child-victim oriented offense" means any of the
following:
(a) Subject to division (S)(2) of this section, any of the
following violations or offenses committed by a person eighteen
years of age or older, when the victim of the violation is under
eighteen years of age and is not a child of the person who commits
the violation:
(i) A violation of division (A)(1), (2), (3), or (5) of
section 2905.01, of section 2905.02, 2905.03, or 2905.05, or of
former section 2905.04 of the Revised Code;
(ii) 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
(S)(1)(a)(i) of this section;
(iii) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division
(S)(1)(a)(i) or (ii) of this section.
(b) Subject to division (S)(2) of this section, an act
committed by a person under eighteen years of age that is any of
the following, when the victim of the violation is under eighteen
years of age and is not a child of the person who commits the
violation:
(i) Subject to division (S)(1)(b)(iv) of this section, a
violation of division (A)(1), (2), (3), or (5) of section 2905.01
or of former section 2905.04 of the Revised Code;
(ii) Subject to division (S)(1)(b)(iv) of this section, any
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 (S)(1)(b)(i) of this
section and that, if committed by an adult, would be a felony of
the first, second, third, or fourth degree;
(iii) Subject to division (S)(1)(b)(iv) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (S)(1)(b)(i) or (ii) of
this section;
(iv) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (S)(1)(a)(i), (ii), or (iii) of
this section or would be any offense listed in any of those
divisions if committed by an adult.
(2) "Child-victim oriented offense" does not include any
offense identified in division (S)(1)(a) or (b) of this section
that is a sexually violent offense. An offense identified in
division (S)(1)(a) or (b) of this section that is a sexually
violent offense is within the definition of a sexually oriented
offense.
(T)(1) "Habitual child-victim offender" means, except when a
juvenile judge removes this classification pursuant to division
(A)(2) of section 2152.84 or division (C)(2) of section 2152.85 of
the Revised Code, a person to whom both of the following apply:
(a) The person is convicted of or pleads guilty to a
child-victim oriented offense, or the person is adjudicated a
delinquent child for committing on or after January 1, 2002, a
child-victim oriented offense, was fourteen years of age or older
at the time of committing the offense, and is classified a
juvenile offender registrant based on that adjudication.
(b) One of the following applies to the person:
(i) Regarding a person who is an offender, the person
previously was convicted of or pleaded guilty to one or more
child-victim oriented offenses or previously was adjudicated a
delinquent child for committing one or more child-victim oriented
offenses and was classified a juvenile offender registrant or
out-of-state juvenile offender registrant based on one or more of
those adjudications, regardless of when the offense was committed
and regardless of the person's age at the time of committing the
offense.
(ii) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more child-victim oriented offenses,
regardless of when the offense was committed and regardless of the
person's age at the time of committing the offense.
(2) "Habitual child-victim offender" includes a person who
has been convicted of, pleaded guilty to, or adjudicated a
delinquent child for committing, a child-victim oriented offense
and who, on and after July 31, 2003, is automatically classified a
habitual child-victim offender pursuant to division (E) of section
2950.091 of the Revised Code.
(U) "Child-victim predator" means a person to whom either of
the following applies:
(1) The person has been convicted of or pleaded guilty to
committing a child-victim oriented offense and is likely to engage
in the future in one or more child-victim oriented offenses.
(2) The person has been adjudicated a delinquent child for
committing a child-victim oriented offense, was fourteen years of
age or older at the time of committing the offense, was classified
a juvenile offender registrant based on that adjudication, and is
likely to engage in the future in one or more child-victim
oriented offenses.
(V) An offender or delinquent child is "adjudicated as being
a child-victim predator" or "adjudicated a child-victim predator"
if any of the following applies and if, regarding a delinquent
child, that status has not been removed pursuant to section
2152.84, 2152.85, or 2950.09 of the Revised Code:
(1) The offender or delinquent child has been convicted of,
pleaded guilty to, or adjudicated a delinquent child for
committing, a child-victim oriented offense and, on and after July
31, 2003, is automatically classified a child-victim predator
pursuant to division (A) of section 2950.091 of the Revised Code.
(2) Regardless of when the child-victim oriented offense was
committed, on or after July 31, 2003, the offender is sentenced
for a child-victim oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.091 of the
Revised Code that the offender is a child-victim predator.
(3) The delinquent child is adjudicated a delinquent child
for committing a child-victim oriented offense, was fourteen years
of age or older at the time of committing the offense, and has
been classified a juvenile offender registrant based on that
adjudication, and the adjudicating judge or that judge's successor
in office determines pursuant to division (B) of section 2950.09
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of
the Revised Code that the delinquent child is a child-victim
predator.
(4) Prior to July 31, 2003, the offender was convicted of or
pleaded guilty to a child-victim oriented offense, at the time of
the conviction or guilty plea, the offense was considered a
sexually oriented offense, on or after July 31, 2003, the offender
is serving a term of imprisonment in a state correctional
institution, and the court determines pursuant to division (C) of
section 2950.091 of the Revised Code that the offender is a
child-victim predator.
(5) Regardless of when the child-victim oriented offense was
committed, the offender or delinquent child is convicted, pleads
guilty, has been convicted, pleaded guilty, or 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, as a result of that conviction, plea of guilty,
or adjudication, the offender or delinquent child is required
under the law of the jurisdiction in which the offender was
convicted or pleaded guilty or the delinquent child was
adjudicated, to register as a child-victim offender or sex
offender until the offender's or delinquent child's death, and, on
or after July 1, 1997, for offenders or January 1, 2002, for
delinquent children the offender or delinquent child moves to and
resides in this state or temporarily is domiciled in this state
for more than five days or the offender is required under section
2950.041 of the Revised Code to register a school, institution of
higher education, or place of employment address in this state,
unless a court of common pleas or juvenile court determines that
the offender or delinquent child is not a child-victim predator
pursuant to division (F) of section 2950.091 of the Revised Code.
(W)(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.
(X)(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.
(Y)(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.
(Z)(W) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(AA)(X) "Halfway house" and "community-based correctional
facility" have the same meanings as in section 2929.01 of the
Revised Code.
(BB) "Adjudicated a sexually violent predator" has the same
meaning as in section 2929.01 of the Revised Code, and a person is
"adjudicated a sexually violent predator" in the same manner and
the same circumstances as are described in that section.
Sec. 2950.011. Except as specifically provided to the contrary in sections 2950.02 to 2950.99 of the Revised Code, all references in any of those sections to "sexually oriented offense" include, in addition to the violations specified in division (A) of section 2950.01 of the Revised Code on and after January 1, 2008, any sexually oriented offense, as that term was defined in section 2950.01 of the Revised Code prior to January 1, 2008, that was committed prior to that date and that was not a registration exempt sexually oriented offense, as that term was defined in that section prior to January 1, 2008.
Except as specifically provided to the contrary in sections 2950.02 to 2950.99 of the Revised Code, all references in any of those sections to "child-victim oriented offense" include, in addition to the violations specified in division (C) of section 2950.01 of the Revised Code on and after January 1, 2008, any child-victim oriented offense, as that term was defined in section 2950.01 of the Revised Code prior to January 1, 2008, that was committed prior to that date.
Sec. 2950.02. (A) The general assembly hereby determines and declares that it recognizes and finds all of the following:
(1) If the public is provided adequate notice and
information
about
offenders
and delinquent children who
commit
sexually
oriented offenses that are not registration-exempt sexually
oriented offenses or who commit child-victim oriented offenses,
members of the public
and
communities
can
develop constructive
plans to prepare themselves
and their
children for the
offender's
or
delinquent child's
release from
imprisonment,
a prison term, or
other
confinement
or detention.
This allows
members of the public
and
communities to meet with
members of law
enforcement agencies
to prepare and obtain
information about
the
rights and
responsibilities of the public
and the communities and
to
provide
education and counseling to
their children.
(2) Sex offenders and offenders who commit child-victim
oriented offenses