As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 130

Senator Cafaro 

Cosponsors: Senators Morano, Miller, R., Kearney, Fedor, Miller, D., Sawyer, Schiavoni, Smith, Strahorn, Turner, Wilson 

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A BILL

To amend sections 2950.01, 2950.11, 2950.13, 3721.99,

1

3722.06, 3722.08, 3722.99, 5119.22, 5119.99,

2

5123.19, and 5123.99 and to enact sections

3

2950.112, 3721.052, 3721.053, 3722.042, 3722.043,

4

5119.222, 5119.223, 5123.199, and 5123.1910 of the

5

Revised Code to require a long-term care facility

6

to notify its residents when a sex offender or

7

person who was imprisoned out-of-state for a

8

felony offense is admitted to the facility and to

9

establish immunity for employees of such

10

facilities who report the facility's failure to

11

comply with the notification requirements.

12

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2950.01, 2950.11, 2950.13, 3721.99,	13
3722.06, 3722.08, 3722.99, 5119.22, 5119.99, 5123.19, and 5123.99	14
be amended and sections 2950.112, 3721.052, 3721.053, 3722.042,	15
3722.043, 5119.222, 5119.223, 5123.199, and 5123.1910 of the	16
Revised Code be enacted to read as follows:	17

Sec. 2950.01. As used in this chapter, unless the context	18
clearly requires otherwise:	19

(A) "Sexually oriented offense" means any of the following	20
violations or offenses committed by a person, regardless of the	21
person's age:	22

(1) A violation of section 2907.02, 2907.03, 2907.05,	23
2907.06, 2907.07, 2907.08, 2907.21, 2907.32, 2907.321, 2907.322,	24
or 2907.323 of the Revised Code;	25

(2) A violation of section 2907.04 of the Revised Code when	26
the offender is less than four years older than the other person	27
with whom the offender engaged in sexual conduct, the other person	28
did not consent to the sexual conduct, and the offender previously	29
has not been convicted of or pleaded guilty to a violation of	30
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	31
violation of former section 2907.12 of the Revised Code;	32

(3) A violation of section 2907.04 of the Revised Code when	33
the offender is at least four years older than the other person	34
with whom the offender engaged in sexual conduct or when the	35
offender is less than four years older than the other person with	36
whom the offender engaged in sexual conduct and the offender	37
previously has been convicted of or pleaded guilty to a violation	38
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	39
violation of former section 2907.12 of the Revised Code;	40

(4) A violation of section 2903.01, 2903.02, or 2903.11 of	41
the Revised Code when the violation was committed with a sexual	42
motivation;	43

(5) A violation of division (A) of section 2903.04 of the	44
Revised Code when the offender committed or attempted to commit	45
the felony that is the basis of the violation with a sexual	46
motivation;	47

(6) A violation of division (A)(3) of section 2903.211 of the	48
Revised Code;	49

(7) A violation of division (A)(1), (2), (3), or (5) of	50
section 2905.01 of the Revised Code when the offense is committed	51
with a sexual motivation;	52

(8) A violation of division (A)(4) of section 2905.01 of the	53
Revised Code;	54

(9) A violation of division (B) of section 2905.01 of the	55
Revised Code when the victim of the offense is under eighteen	56
years of age and the offender is not a parent of the victim of the	57
offense;	58

(10) A violation of division (B) of section 2905.02, of	59
division (B) of section 2905.03, of division (B) of section	60
2905.05, or of division (B)(5) of section 2919.22 of the Revised	61
Code;	62

(11) A violation of any former law of this state, any	63
existing or former municipal ordinance or law of another state or	64
the United States, any existing or former law applicable in a	65
military court or in an Indian tribal court, or any existing or	66
former law of any nation other than the United States that is or	67
was substantially equivalent to any offense listed in division	68
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), or (10) of this	69
section;	70

(12) Any attempt to commit, conspiracy to commit, or	71
complicity in committing any offense listed in division (A)(1),	72
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11) of this	73
section.	74

(B)(1) "Sex offender" means, subject to division (B)(2) of	75
this section, a person who is convicted of, pleads guilty to, has	76
been convicted of, has pleaded guilty to, is adjudicated a	77
delinquent child for committing, or has been adjudicated a	78
delinquent child for committing any sexually oriented offense.	79

(2) "Sex offender" does not include a person who is convicted	80
of, pleads guilty to, has been convicted of, has pleaded guilty	81
to, is adjudicated a delinquent child for committing, or has been	82
adjudicated a delinquent child for committing a sexually oriented	83
offense if the offense involves consensual sexual conduct or	84
consensual sexual contact and either of the following applies:	85

(a) The victim of the sexually oriented offense was eighteen	86
years of age or older and at the time of the sexually oriented	87
offense was not under the custodial authority of the person who is	88
convicted of, pleads guilty to, has been convicted of, has pleaded	89
guilty to, is adjudicated a delinquent child for committing, or	90
has been adjudicated a delinquent child for committing the	91
sexually oriented offense.	92

(b) The victim of the offense was thirteen years of age or	93
older, and the person who is convicted of, pleads guilty to, has	94
been convicted of, has pleaded guilty to, is adjudicated a	95
delinquent child for committing, or has been adjudicated a	96
delinquent child for committing the sexually oriented offense is	97
not more than four years older than the victim.	98

(C) "Child-victim oriented offense" means any of the	99
following violations or offenses committed by a person, regardless	100
of the person's age, when the victim is under eighteen years of	101
age and is not a child of the person who commits the violation:	102

(1) A violation of division (A)(1), (2), (3), or (5) of	103
section 2905.01 of the Revised Code when the violation is not	104
included in division (A)(7) of this section;	105

(2) A violation of division (A) of section 2905.02, division	106
(A) of section 2905.03, or division (A) of section 2905.05 of the	107
Revised Code;	108

(3) A violation of any former law of this state, any existing	109
or former municipal ordinance or law of another state or the	110
United States, any existing or former law applicable in a military	111
court or in an Indian tribal court, or any existing or former law	112
of any nation other than the United States that is or was	113
substantially equivalent to any offense listed in division (C)(1)	114
or (2) of this section;	115

(4) Any attempt to commit, conspiracy to commit, or	116
complicity in committing any offense listed in division (C)(1),	117
(2), or (3) of this section.	118

(D) "Child-victim offender" means a person who is convicted	119
of, pleads guilty to, has been convicted of, has pleaded guilty	120
to, is adjudicated a delinquent child for committing, or has been	121
adjudicated a delinquent child for committing any child-victim	122
oriented offense.	123

(E) "Tier I sex offender/child-victim offender" means any of	124
the following:	125

(1) A sex offender who is convicted of, pleads guilty to, has	126
been convicted of, or has pleaded guilty to any of the following	127
sexually oriented offenses:	128

(a) A violation of section 2907.06, 2907.07, 2907.08, or	129
2907.32 of the Revised Code;	130

(b) A violation of section 2907.04 of the Revised Code when	131
the offender is less than four years older than the other person	132
with whom the offender engaged in sexual conduct, the other person	133
did not consent to the sexual conduct, and the offender previously	134
has not been convicted of or pleaded guilty to a violation of	135
section 2907.02, 2907.03, or 2907.04 of the Revised Code or a	136
violation of former section 2907.12 of the Revised Code;	137

(c) A violation of division (A)(1), (2), (3), or (5) of	138
section 2907.05 of the Revised Code;	139

(d) A violation of division (A)(3) of section 2907.323 of the	140
Revised Code;	141

(e) A violation of division (A)(3) of section 2903.211, of	142
division (B) of section 2905.03, or of division (B) of section	143
2905.05 of the Revised Code;	144

(f) A violation of any former law of this state, any existing	145
or former municipal ordinance or law of another state or the	146
United States, any existing or former law applicable in a military	147
court or in an Indian tribal court, or any existing or former law	148
of any nation other than the United States, that is or was	149
substantially equivalent to any offense listed in division	150
(E)(1)(a), (b), (c), (d), or (e) of this section;	151

(g) Any attempt to commit, conspiracy to commit, or	152
complicity in committing any offense listed in division (E)(1)(a),	153
(b), (c), (d), (e), or (f) of this section.	154

(2) A child-victim offender who is convicted of, pleads	155
guilty to, has been convicted of, or has pleaded guilty to a	156
child-victim oriented offense and who is not within either	157
category of child-victim offender described in division (F)(2) or	158
(G)(2) of this section.	159

(3) A sex offender who is adjudicated a delinquent child for	160
committing or has been adjudicated a delinquent child for	161
committing any sexually oriented offense and who a juvenile court,	162
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	163
Revised Code, classifies a tier I sex offender/child-victim	164
offender relative to the offense.	165

(4) A child-victim offender who is adjudicated a delinquent	166
child for committing or has been adjudicated a delinquent child	167
for committing any child-victim oriented offense and who a	168
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	169
2152.85 of the Revised Code, classifies a tier I sex	170
offender/child-victim offender relative to the offense.	171

(F) "Tier II sex offender/child-victim offender" means any of	172
the following:	173

(1) A sex offender who is convicted of, pleads guilty to, has	174
been convicted of, or has pleaded guilty to any of the following	175
sexually oriented offenses:	176

(a) A violation of section 2907.21, 2907.321, or 2907.322 of	177
the Revised Code;	178

(b) A violation of section 2907.04 of the Revised Code when	179
the offender is at least four years older than the other person	180
with whom the offender engaged in sexual conduct, or when the	181
offender is less than four years older than the other person with	182
whom the offender engaged in sexual conduct and the offender	183
previously has been convicted of or pleaded guilty to a violation	184
of section 2907.02, 2907.03, or 2907.04 of the Revised Code or	185
former section 2907.12 of the Revised Code;	186

(c) A violation of division (A)(4) of section 2907.05 or of	187
division (A)(1) or (2) of section 2907.323 of the Revised Code;	188

(d) A violation of division (A)(1), (2), (3), or (5) of	189
section 2905.01 of the Revised Code when the offense is committed	190
with a sexual motivation;	191

(e) A violation of division (A)(4) of section 2905.01 of the	192
Revised Code when the victim of the offense is eighteen years of	193
age or older;	194

(f) A violation of division (B) of section 2905.02 or of	195
division (B)(5) of section 2919.22 of the Revised Code;	196

(g) A violation of any former law of this state, any existing	197
or former municipal ordinance or law of another state or the	198
United States, any existing or former law applicable in a military	199
court or in an Indian tribal court, or any existing or former law	200
of any nation other than the United States that is or was	201
substantially equivalent to any offense listed in division	202
(F)(1)(a), (b), (c), (d), (e), or (f) of this section;	203

(h) Any attempt to commit, conspiracy to commit, or	204
complicity in committing any offense listed in division (F)(1)(a),	205
(b), (c), (d), (e), (f), or (g) of this section;	206

(i) Any sexually oriented offense that is committed after the	207
sex offender previously has been convicted of, pleaded guilty to,	208
or has been adjudicated a delinquent child for committing any	209
sexually oriented offense or child-victim oriented offense for	210
which the offender was classified a tier I sex	211
offender/child-victim offender.	212

(2) A child-victim offender who is convicted of, pleads	213
guilty to, has been convicted of, or has pleaded guilty to any	214
child-victim oriented offense when the child-victim oriented	215
offense is committed after the child-victim offender previously	216
has been convicted of, pleaded guilty to, or been adjudicated a	217
delinquent child for committing any sexually oriented offense or	218
child-victim oriented offense for which the offender was	219
classified a tier I sex offender/child-victim offender.	220

(3) A sex offender who is adjudicated a delinquent child for	221
committing or has been adjudicated a delinquent child for	222
committing any sexually oriented offense and who a juvenile court,	223
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	224
Revised Code, classifies a tier II sex offender/child-victim	225
offender relative to the offense.	226

(4) A child-victim offender who is adjudicated a delinquent	227
child for committing or has been adjudicated a delinquent child	228
for committing any child-victim oriented offense and whom a	229
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	230
2152.85 of the Revised Code, classifies a tier II sex	231
offender/child-victim offender relative to the current offense.	232

(5) A sex offender or child-victim offender who is not in any	233
category of tier II sex offender/child-victim offender set forth	234
in division (F)(1), (2), (3), or (4) of this section, who prior to	235
January 1, 2008, was adjudicated a delinquent child for committing	236
a sexually oriented offense or child-victim oriented offense, and	237
who prior to that date was determined to be a habitual sex	238
offender or determined to be a habitual child-victim offender,	239
unless either of the following applies:	240

(a) The sex offender or child-victim offender is	241
reclassified pursuant to section 2950.031 or 2950.032 of the	242
Revised Code as a tier I sex offender/child-victim offender or a	243
tier III sex offender/child-victim offender relative to the	244
offense.	245

(b) A juvenile court, pursuant to section 2152.82, 2152.83,	246
2152.84, or 2152.85 of the Revised Code, classifies the child a	247
tier I sex offender/child-victim offender or a tier III sex	248
offender/child-victim offender relative to the offense.	249

(G) "Tier III sex offender/child-victim offender" means any	250
of the following:	251

(1) A sex offender who is convicted of, pleads guilty to, has	252
been convicted of, or has pleaded guilty to any of the following	253
sexually oriented offenses:	254

(a) A violation of section 2907.02 or 2907.03 of the Revised	255
Code;	256

(b) A violation of division (B) of section 2907.05 of the	257
Revised Code;	258

(c) A violation of section 2903.01, 2903.02, or 2903.11 of	259
the Revised Code when the violation was committed with a sexual	260
motivation;	261

(d) A violation of division (A) of section 2903.04 of the	262
Revised Code when the offender committed or attempted to commit	263
the felony that is the basis of the violation with a sexual	264
motivation;	265

(e) A violation of division (A)(4) of section 2905.01 of the	266
Revised Code when the victim of the offense is under eighteen	267
years of age;	268

(f) A violation of division (B) of section 2905.01 of the	269
Revised Code when the victim of the offense is under eighteen	270
years of age and the offender is not a parent of the victim of the	271
offense;	272

(g) A violation of any former law of this state, any existing	273
or former municipal ordinance or law of another state or the	274
United States, any existing or former law applicable in a military	275
court or in an Indian tribal court, or any existing or former law	276
of any nation other than the United States that is or was	277
substantially equivalent to any offense listed in division	278
(G)(1)(a), (b), (c), (d), (e), or (f) of this section;	279

(h) Any attempt to commit, conspiracy to commit, or	280
complicity in committing any offense listed in division (G)(1)(a),	281
(b), (c), (d), (e), (f), or (g) of this section;	282

(i) Any sexually oriented offense that is committed after the	283
sex offender previously has been convicted of, pleaded guilty to,	284
or been adjudicated a delinquent child for committing any sexually	285
oriented offense or child-victim oriented offense for which the	286
offender was classified a tier II sex offender/child-victim	287
offender or a tier III sex offender/child-victim offender.	288

(2) A child-victim offender who is convicted of, pleads	289
guilty to, has been convicted of, or has pleaded guilty to any	290
child-victim oriented offense when the child-victim oriented	291
offense is committed after the child-victim offender previously	292
has been convicted of, pleaded guilty to, or been adjudicated a	293
delinquent child for committing any sexually oriented offense or	294
child-victim oriented offense for which the offender was	295
classified a tier II sex offender/child-victim offender or a tier	296
III sex offender/child-victim offender.	297

(3) A sex offender who is adjudicated a delinquent child for	298
committing or has been adjudicated a delinquent child for	299
committing any sexually oriented offense and who a juvenile court,	300
pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of the	301
Revised Code, classifies a tier III sex offender/child-victim	302
offender relative to the offense.	303

(4) A child-victim offender who is adjudicated a delinquent	304
child for committing or has been adjudicated a delinquent child	305
for committing any child-victim oriented offense and whom a	306
juvenile court, pursuant to section 2152.82, 2152.83, 2152.84, or	307
2152.85 of the Revised Code, classifies a tier III sex	308
offender/child-victim offender relative to the current offense.	309

(5) A sex offender or child-victim offender who is not in	310
any category of tier III sex offender/child-victim offender set	311
forth in division (G)(1), (2), (3), or (4) of this section, who	312
prior to January 1, 2008, was convicted of or pleaded guilty to a	313
sexually oriented offense or child-victim oriented offense or was	314
adjudicated a delinquent child for committing a sexually oriented	315
offense or child-victim oriented offense and classified a juvenile	316
offender registrant, and who prior to that date was adjudicated a	317
sexual predator or adjudicated a child-victim predator, unless	318
either of the following applies:	319

(a) The sex offender or child-victim offender is reclassified	320
pursuant to section 2950.031 or 2950.032 of the Revised Code as a	321
tier I sex offender/child-victim offender or a tier II sex	322
offender/child-victim offender relative to the offense.	323

(b) The sex offender or child-victim offender is a delinquent	324
child, and a juvenile court, pursuant to section 2152.82, 2152.83,	325
2152.84, or 2152.85 of the Revised Code, classifies the child a	326
tier I sex offender/child-victim offender or a tier II sex	327
offender/child-victim offender relative to the offense.	328

(6) A sex offender who is convicted of, pleads guilty to, was	329
convicted of, or pleaded guilty to a sexually oriented offense, if	330
the sexually oriented offense and the circumstances in which it	331
was committed are such that division (F) of section 2971.03 of the	332
Revised Code automatically classifies the offender as a tier III	333
sex offender/child-victim offender;	334

(7) A sex offender or child-victim offender who is convicted	335
of, pleads guilty to, was convicted of, pleaded guilty to, is	336
adjudicated a delinquent child for committing, or was adjudicated	337
a delinquent child for committing a sexually oriented offense or	338
child-victim offense in another state, in a federal court,	339
military court, or Indian tribal court, or in a court in any	340
nation other than the United States if both of the following	341
apply:	342

(a) Under the law of the jurisdiction in which the offender	343
was convicted or pleaded guilty or the delinquent child was	344
adjudicated, the offender or delinquent child is in a category	345
substantially equivalent to a category of tier III sex	346
offender/child-victim offender described in division (G)(1), (2),	347
(3), (4), (5), or (6) of this section.	348

(b) Subsequent to the conviction, plea of guilty, or	349
adjudication in the other jurisdiction, the offender or delinquent	350
child resides, has temporary domicile, attends school or an	351
institution of higher education, is employed, or intends to reside	352
in this state in any manner and for any period of time that	353
subjects the offender or delinquent child to a duty to register or	354
provide notice of intent to reside under section 2950.04 or	355
2950.041 of the Revised Code.	356

(H) "Confinement" includes, but is not limited to, a	357
community residential sanction imposed pursuant to section 2929.16	358
or 2929.26 of the Revised Code.	359

(I) "Prosecutor" has the same meaning as in section 2935.01	360
of the Revised Code.	361

(J) "Supervised release" means a release of an offender from	362
a prison term, a term of imprisonment, or another type of	363
confinement that satisfies either of the following conditions:	364

(1) The release is on parole, a conditional pardon, under a	365
community control sanction, under transitional control, or under a	366
post-release control sanction, and it requires the person to	367
report to or be supervised by a parole officer, probation officer,	368
field officer, or another type of supervising officer.	369

(2) The release is any type of release that is not described	370
in division (J)(1) of this section and that requires the person	371
to report to or be supervised by a probation officer, a parole	372
officer, a field officer, or another type of supervising officer.	373

(K) "Sexually violent predator specification," "sexually	374
violent predator," "sexually violent offense," "sexual motivation	375
specification," "designated homicide, assault, or kidnapping	376
offense," and "violent sex offense" have the same meanings as in	377
section 2971.01 of the Revised Code.	378

(L) "Post-release control sanction" and "transitional	379
control" have the same meanings as in section 2967.01 of the	380
Revised Code.	381

(M) "Juvenile offender registrant" means a person who is	382
adjudicated a delinquent child for committing on or after January	383
1, 2002, a sexually oriented offense or a child-victim oriented	384
offense, who is fourteen years of age or older at the time of	385
committing the offense, and who a juvenile court judge, pursuant	386
to an order issued under section 2152.82, 2152.83, 2152.84,	387
2152.85, or 2152.86 of the Revised Code, classifies a juvenile	388
offender registrant and specifies has a duty to comply with	389
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	390
Code. "Juvenile offender registrant" includes a person who prior	391
to January 1, 2008, was a "juvenile offender registrant" under	392
the definition of the term in existence prior to January 1, 2008,	393
and a person who prior to July 31, 2003, was a "juvenile sex	394
offender registrant" under the former definition of that former	395
term.	396

(N) "Public registry-qualified juvenile offender registrant"	397
means a person who is adjudicated a delinquent child and on whom	398
a juvenile court has imposed a serious youthful offender	399
dispositional sentence under section 2152.13 of the Revised Code	400
before, on, or after January 1, 2008, and to whom all of the	401
following apply:	402

(1) The person is adjudicated a delinquent child for	403
committing, attempting to commit, conspiring to commit, or	404
complicity in committing one of the following acts:	405

(a) A violation of section 2907.02 of the Revised Code,	406
division (B) of section 2907.05 of the Revised Code, or section	407
2907.03 of the Revised Code if the victim of the violation was	408
less than twelve years of age;	409

(b) A violation of section 2903.01, 2903.02, or 2905.01 of	410
the Revised Code that was committed with a purpose to gratify the	411
sexual needs or desires of the child.	412

(2) The person was fourteen, fifteen, sixteen, or seventeen	413
years of age at the time of committing the act.	414

(3) A juvenile court judge, pursuant to an order issued under	415
section 2152.86 of the Revised Code, classifies the person a	416
juvenile offender registrant, specifies the person has a duty to	417
comply with sections 2950.04, 2950.05, and 2950.06 of the Revised	418
Code, and classifies the person a public registry-qualified	419
juvenile offender registrant, and the classification of the person	420
as a public registry-qualified juvenile offender registrant has	421
not been terminated pursuant to division (D) of section 2152.86 of	422
the Revised Code.	423

(O) "Secure facility" means any facility that is designed and	424
operated to ensure that all of its entrances and exits are locked	425
and under the exclusive control of its staff and to ensure that,	426
because of that exclusive control, no person who is	427
institutionalized or confined in the facility may leave the	428
facility without permission or supervision.	429

(P) "Out-of-state juvenile offender registrant" means a	430
person who is adjudicated a delinquent child in a court in another	431
state, in a federal court, military court, or Indian tribal court,	432
or in a court in any nation other than the United States for	433
committing a sexually oriented offense or a child-victim oriented	434
offense, who on or after January 1, 2002, moves to and resides in	435
this state or temporarily is domiciled in this state for more than	436
five days, and who has a duty under section 2950.04 or 2950.041	437
of the Revised Code to register in this state and the duty to	438
otherwise comply with that applicable section and sections	439
2950.05 and 2950.06 of the Revised Code. "Out-of-state juvenile	440
offender registrant" includes a person who prior to January 1,	441
2008, was an "out-of-state juvenile offender registrant" under	442
the definition of the term in existence prior to January 1, 2008,	443
and a person who prior to July 31, 2003, was an "out-of-state	444
juvenile sex offender registrant" under the former definition of	445
that former term.	446

(Q) "Juvenile court judge" includes a magistrate to whom the	447
juvenile court judge confers duties pursuant to division (A)(15)	448
of section 2151.23 of the Revised Code.	449

(R) "Adjudicated a delinquent child for committing a	450
sexually oriented offense" includes a child who receives a serious	451
youthful offender dispositional sentence under section 2152.13 of	452
the Revised Code for committing a sexually oriented offense.	453

(S) "School" and "school premises" have the same meanings as	454
in section 2925.01 of the Revised Code.	455

(T) "Residential premises" means the building in which a	456
residential unit is located and the grounds upon which that	457
building stands, extending to the perimeter of the property.	458
"Residential premises" includes any type of structure in which a	459
residential unit is located, including, but not limited to,	460
multi-unit buildings and mobile and manufactured homes.	461

(U) "Residential unit" means a dwelling unit for residential	462
use and occupancy, and includes the structure or part of a	463
structure that is used as a home, residence, or sleeping place by	464
one person who maintains a household or two or more persons who	465
maintain a common household. "Residential unit" does not include	466
a halfway house or a community-based correctional facility.	467

(V) "Multi-unit building" means a building in which is	468
located more than twelve residential units that have entry doors	469
that open directly into the unit from a hallway that is shared	470
with one or more other units. A residential unit is not considered	471
located in a multi-unit building if the unit does not have an	472
entry door that opens directly into the unit from a hallway that	473
is shared with one or more other units or if the unit is in a	474
building that is not a multi-unit building as described in this	475
division.	476

(W) "Community control sanction" has the same meaning as in	477
section 2929.01 of the Revised Code.	478

(X) "Halfway house" and "community-based correctional	479
facility" have the same meanings as in section 2929.01 of the	480
Revised Code.	481

(Y) "Long-term care facility" means all of the following:

482

(1) A nursing home licensed under section 3721.02 of the	483
Revised Code or by a political subdivision certified under section	484
3721.09 of the Revised Code;	485

(2) A residential care facility licensed under Chapter 3721.	486
of the Revised Code;	487

(3) An adult care facility licensed under Chapter 3722. of	488
the Revised Code;	489

(4) A residential facility licensed by the department of	490
mental health under section 5119.22 of the Revised Code;	491

(5) A residential facility licensed by the director of mental	492
retardation and developmental disabilities under section 5123.19	493
of the Revised Code.	494

(Z) "Sponsor" means an adult relative, friend, or guardian	495
who has responsibility for the welfare of a resident of a	496
long-term care facility.	497

Sec. 2950.11.  (A) Regardless of when the sexually oriented	498
offense or child-victim oriented offense was committed, if a	499
person is convicted of, pleads guilty to, has been convicted of,	500
or has pleaded guilty to a sexually oriented offense or a	501
child-victim oriented offense or a person is or has been	502
adjudicated a delinquent child for committing a sexually oriented	503
offense or a child-victim oriented offense and is classified a	504
juvenile offender registrant or is an out-of-state juvenile	505
offender registrant based on that adjudication, and if the	506
offender or delinquent child is in any category specified in	507
division (F)(1)(a), (b), or (c) of this section, the sheriff with	508
whom the offender or delinquent child has most recently registered	509
under section 2950.04, 2950.041, or 2950.05 of the Revised Code	510
and the sheriff to whom the offender or delinquent child most	511
recently sent a notice of intent to reside under section 2950.04	512
or 2950.041 of the Revised Code, within the period of time	513
specified in division (C) of this section, shall provide a written	514
notice containing the information set forth in division (B) of	515
this section to all of the persons described in divisions (A)(1)	516
to (10)(11) of this section. If the sheriff has sent a notice to	517
the persons described in those divisions as a result of	518
receiving a notice of intent to reside and if the offender or	519
delinquent child registers a residence address that is the same	520
residence address described in the notice of intent to reside,	521
the sheriff is not required to send an additional notice when	522
the offender or delinquent child registers. The sheriff shall	523
provide the notice to all of the following persons:	524

(1)(a) Any occupant of each residential unit that is located	525
within one thousand feet of the offender's or delinquent child's	526
residential premises, that is located within the county served by	527
the sheriff, and that is not located in a multi-unit building.	528
Division (D)(3) of this section applies regarding notices required	529
under this division.	530

(b) If the offender or delinquent child resides in a	531
multi-unit building, any occupant of each residential unit that is	532
located in that multi-unit building and that shares a common	533
hallway with the offender or delinquent child. For purposes of	534
this division, an occupant's unit shares a common hallway with the	535
offender or delinquent child if the entrance door into the	536
occupant's unit is located on the same floor and opens into the	537
same hallway as the entrance door to the unit the offender or	538
delinquent child occupies. Division (D)(3) of this section applies	539
regarding notices required under this division.	540

(c) The building manager, or the person the building owner or	541
condominium unit owners association authorizes to exercise	542
management and control, of each multi-unit building that is	543
located within one thousand feet of the offender's or delinquent	544
child's residential premises, including a multi-unit building in	545
which the offender or delinquent child resides, and that is	546
located within the county served by the sheriff. In addition to	547
notifying the building manager or the person authorized to	548
exercise management and control in the multi-unit building under	549
this division, the sheriff shall post a copy of the notice	550
prominently in each common entryway in the building and any other	551
location in the building the sheriff determines appropriate. The	552
manager or person exercising management and control of the	553
building shall permit the sheriff to post copies of the notice	554
under this division as the sheriff determines appropriate. In lieu	555
of posting copies of the notice as described in this division, a	556
sheriff may provide notice to all occupants of the multi-unit	557
building by mail or personal contact; if the sheriff so notifies	558
all the occupants, the sheriff is not required to post copies of	559
the notice in the common entryways to the building. Division	560
(D)(3) of this section applies regarding notices required under	561
this division.	562

(d) All additional persons who are within any category of	563
neighbors of the offender or delinquent child that the attorney	564
general by rule adopted under section 2950.13 of the Revised Code	565
requires to be provided the notice and who reside within the	566
county served by the sheriff;	567

(2) The executive director of the public children services	568
agency that has jurisdiction within the specified geographical	569
notification area and that is located within the county served by	570
the sheriff;	571

(3)(a) The superintendent of each board of education of a	572
school district that has schools within the specified geographical	573
notification area and that is located within the county served by	574
the sheriff;	575

(b) The principal of the school within the specified	576
geographical notification area and within the county served by the	577
sheriff that the delinquent child attends;	578

(c) If the delinquent child attends a school outside of the	579
specified geographical notification area or outside of the school	580
district where the delinquent child resides, the superintendent of	581
the board of education of a school district that governs the	582
school that the delinquent child attends and the principal of the	583
school that the delinquent child attends.	584

(4)(a) The appointing or hiring officer of each chartered	585
nonpublic school located within the specified geographical	586
notification area and within the county served by the sheriff or	587
of each other school located within the specified geographical	588
notification area and within the county served by the sheriff and	589
that is not operated by a board of education described in division	590
(A)(3) of this section;	591

(b) Regardless of the location of the school, the appointing	592
or hiring officer of a chartered nonpublic school that the	593
delinquent child attends.	594

(5) The director, head teacher, elementary principal, or site	595
administrator of each preschool program governed by Chapter 3301.	596
of the Revised Code that is located within the specified	597
geographical notification area and within the county served by the	598
sheriff;	599

(6) The administrator of each child day-care center or type A	600
family day-care home that is located within the specified	601
geographical notification area and within the county served by the	602
sheriff, and the provider of each certified type B family day-care	603
home that is located within the specified geographical	604
notification area and within the county served by the sheriff. As	605
used in this division, "child day-care center," "type A family	606
day-care home," and "certified type B family day-care home" have	607
the same meanings as in section 5104.01 of the Revised Code.	608

(7) The president or other chief administrative officer of	609
each institution of higher education, as defined in section	610
2907.03 of the Revised Code, that is located within the specified	611
geographical notification area and within the county served by the	612
sheriff, and the chief law enforcement officer of the state	613
university law enforcement agency or campus police department	614
established under section 3345.04 or 1713.50 of the Revised Code,	615
if any, that serves that institution;	616

(8) The sheriff of each county that includes any portion of	617
the specified geographical notification area;	618

(9) If the offender or delinquent child resides within the	619
county served by the sheriff, the chief of police, marshal, or	620
other chief law enforcement officer of the municipal corporation	621
in which the offender or delinquent child resides or, if the	622
offender or delinquent child resides in an unincorporated area,	623
the constable or chief of the police department or police district	624
police force of the township in which the offender or delinquent	625
child resides;	626

(10) Volunteer organizations in which contact with minors or	627
other vulnerable individuals might occur or any organization,	628
company, or individual who requests notification as provided in	629
division (J) of this section;	630

(11) The chief administrative officer of a long-term care	631
facility in which the offender or delinquent child will reside or	632
that is located within the specified geographical notification	633
area and within the county served by the sheriff.	634

(B) The notice required under division (A) of this section	635
shall include all of the following information regarding the	636
subject offender or delinquent child:	637

(1) The offender's or delinquent child's name;

638

(2) The address or addresses of the offender's or public	639
registry-qualified juvenile offender registrant's residence,	640
school, institution of higher education, or place of employment,	641
as applicable, or the residence address or addresses of a	642
delinquent child who is not a public registry-qualified juvenile	643
offender registrant;	644

(3) The sexually oriented offense or child-victim oriented	645
offense of which the offender was convicted, to which the offender	646
pleaded guilty, or for which the child was adjudicated a	647
delinquent child;	648

(4) A statement that identifies the category specified in	649
division (F)(1)(a), (b), or (c) of this section that includes the	650
offender or delinquent child and that subjects the offender or	651
delinquent child to this section;	652

(5) The offender's or delinquent child's photograph.

653

(C) If a sheriff with whom an offender or delinquent child	654
registers under section 2950.04, 2950.041, or 2950.05 of the	655
Revised Code or to whom the offender or delinquent child most	656
recently sent a notice of intent to reside under section 2950.04	657
or 2950.041 of the Revised Code is required by division (A) of	658
this section to provide notices regarding an offender or	659
delinquent child and if, pursuant to that requirement, the sheriff	660
provides a notice to a sheriff of one or more other counties in	661
accordance with division (A)(8) of this section, the sheriff of	662
each of the other counties who is provided notice under division	663
(A)(8) of this section shall provide the notices described in	664
divisions (A)(1) to (7) and (A)(9) and (10)to (11) of this	665
section to each person or entity identified within those	666
divisions that is located within the specified geographical	667
notification area and within the county served by the sheriff in	668
question.	669

(D)(1) A sheriff required by division (A) or (C) of this	670
section to provide notices regarding an offender or delinquent	671
child shall provide the notice to the neighbors that are described	672
in division (A)(1) of this section and the notices to law	673
enforcement personnel that are described in divisions (A)(8) and	674
(9) of this section as soon as practicable, but no later than five	675
days after the offender sends the notice of intent to reside to	676
the sheriff and again no later than five days after the offender	677
or delinquent child registers with the sheriff or, if the sheriff	678
is required by division (C) of this section to provide the	679
notices, no later than five days after the sheriff is provided the	680
notice described in division (A)(8) of this section.	681

A sheriff required by division (A) or (C) of this section to	682
provide notices regarding an offender or delinquent child shall	683
provide the notices to all other specified persons that are	684
described in divisions (A)(2) to (7) and, (A)(10), and (A)(11) of	685
this section as soon as practicable, but not later than seven	686
days after the offender or delinquent child registers with the	687
sheriff or, if the sheriff is required by division (C) of this	688
section to provide the notices, no later than five days after the	689
sheriff is provided the notice described in division (A)(8) of	690
this section.	691

(2) If an offender or delinquent child in relation to whom	692
division (A) of this section applies verifies the offender's or	693
delinquent child's current residence, school, institution of	694
higher education, or place of employment address, as applicable,	695
with a sheriff pursuant to section 2950.06 of the Revised Code,	696
the sheriff may provide a written notice containing the	697
information set forth in division (B) of this section to the	698
persons identified in divisions (A)(1) to (10)(11) of this	699
section. If a sheriff provides a notice pursuant to this division	700
to the sheriff of one or more other counties in accordance with	701
division (A)(8) of this section, the sheriff of each of the other	702
counties who is provided the notice under division (A)(8) of this	703
section may provide, but is not required to provide, a written	704
notice containing the information set forth in division (B) of	705
this section to the persons identified in divisions (A)(1) to (7)	706
and (A)(9) and (10)to (11) of this section.	707

(3) A sheriff may provide notice under division (A)(1)(a) or	708
(b) of this section, and may provide notice under division	709
(A)(1)(c) of this section to a building manager or person	710
authorized to exercise management and control of a building, by	711
mail, by personal contact, or by leaving the notice at or under	712
the entry door to a residential unit. For purposes of divisions	713
(A)(1)(a) and (b) of this section, and the portion of division	714
(A)(1)(c) of this section relating to the provision of notice to	715
occupants of a multi-unit building by mail or personal contact,	716
the provision of one written notice per unit is deemed as	717
providing notice to all occupants of that unit.	718

(E) All information that a sheriff possesses regarding an	719
offender or delinquent child who is in a category specified in	720
division (F)(1)(a), (b), or (c) of this section that is described	721
in division (B) of this section and that must be provided in a	722
notice required under division (A) or (C) of this section or that	723
may be provided in a notice authorized under division (D)(2) of	724
this section is a public record that is open to inspection under	725
section 149.43 of the Revised Code.	726

The sheriff shall not cause to be publicly disseminated by	727
means of the internet any of the information described in this	728
division that is provided by a delinquent child unless that child	729
is in a category specified in division (F)(1)(a), (b), or (c) of	730
this section.	731

(F)(1) Except as provided in division (F)(2) of this	732
section, the duties to provide the notices described in divisions	733
(A) and (C) of this section apply regarding any offender or	734
delinquent child who is in any of the following categories:	735

(a) The offender is a tier III sex offender/child-victim	736
offender, or the delinquent child is a public registry-qualified	737
juvenile offender registrant, and a juvenile court has not	738
removed pursuant to section 2950.15 of the Revised Code the	739
delinquent child's duty to comply with sections 2950.04,	740
2950.041, 2950.05, and 2950.06 of the Revised Code.	741

(b) The delinquent child is a tier III sex	742
offender/child-victim offender who is not a public-registry	743
qualifiedpublic registry-qualified juvenile offender registrant,	744
the delinquent child was subjected to this section prior to the	745
effective date of this amendmentJanuary 1, 2008, as a sexual	746
predator, habitual sex offender, child-victim predator, or	747
habitual child-victim offender, as those terms were defined in	748
section 2950.01 of the Revised Code as it existed prior to the	749
effective date of this amendmentJanuary 1, 2008, and a juvenile	750
court has not removed pursuant to section 2152.84 or 2152.85 of	751
the Revised Code the delinquent child's duty to comply with	752
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	753
Code.	754

(c) The delinquent child is a tier III sex	755
offender/child-victim offender who is not a public	756
registry-qualified juvenile offender registrant, the delinquent	757
child was classified a juvenile offender registrant on or after	758
the effective date of this amendmentJanuary 1, 2008, the court	759
has imposed a requirement under section 2152.82, 2152.83, or	760
2152.84 of the Revised Code subjecting the delinquent child to	761
this section, and a juvenile court has not removed pursuant to	762
section 2152.84 or 2152.85 of the Revised Code the delinquent	763
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	764
and 2950.06 of the Revised Code.	765

(2) The notification provisions of this section do not apply	766
to a person described in division (F)(1)(a), (b), or (c) of this	767
section if a court finds at a hearing after considering the	768
factors described in this division that the person would not be	769
subject to the notification provisions of this section that were	770
in the version of this section that existed immediately prior to	771
the effective date of this amendmentJanuary 1, 2008. In making	772
the determination of whether a person would have been subject to	773
the notification provisions under prior law as described in this	774
division, the court shall consider the following factors:	775

(a) The offender's or delinquent child's age;

776

(b) The offender's or delinquent child's prior criminal or	777
delinquency record regarding all offenses, including, but not	778
limited to, all sexual offenses;	779

(c) The age of the victim of the sexually oriented offense	780
for which sentence is to be imposed or the order of disposition is	781
to be made;	782

(d) Whether the sexually oriented offense for which sentence	783
is to be imposed or the order of disposition is to be made	784
involved multiple victims;	785

(e) Whether the offender or delinquent child used drugs or	786
alcohol to impair the victim of the sexually oriented offense or	787
to prevent the victim from resisting;	788

(f) If the offender or delinquent child previously has been	789
convicted of or pleaded guilty to, or been adjudicated a	790
delinquent child for committing an act that if committed by an	791
adult would be, a criminal offense, whether the offender or	792
delinquent child completed any sentence or dispositional order	793
imposed for the prior offense or act and, if the prior offense or	794
act was a sex offense or a sexually oriented offense, whether the	795
offender or delinquent child participated in available programs	796
for sexual offenders;	797

(g) Any mental illness or mental disability of the offender	798
or delinquent child;	799

(h) The nature of the offender's or delinquent child's sexual	800
conduct, sexual contact, or interaction in a sexual context with	801
the victim of the sexually oriented offense and whether the sexual	802
conduct, sexual contact, or interaction in a sexual context was	803
part of a demonstrated pattern of abuse;	804

(i) Whether the offender or delinquent child, during the	805
commission of the sexually oriented offense for which sentence is	806
to be imposed or the order of disposition is to be made, displayed	807
cruelty or made one or more threats of cruelty;	808

(j) Whether the offender or delinquent child would have been	809
a habitual sex offender or a habitual child victim offender under	810
the definitions of those terms set forth in section 2950.01 of the	811
Revised Code as that section existed prior to the effective date	812
of this amendmentJanuary 1, 2008;	813

(k) Any additional behavioral characteristics that contribute	814
to the offender's or delinquent child's conduct.	815

(G)(1) The department of job and family services shall	816
compile, maintain, and update in January and July of each year, a	817
list of all agencies, centers, or homes of a type described in	818
division (A)(2) or (6) of this section that contains the name of	819
each agency, center, or home of that type, the county in which it	820
is located, its address and telephone number, and the name of an	821
administrative officer or employee of the agency, center, or home.	822

(2) The department of education shall compile, maintain, and	823
update in January and July of each year, a list of all boards of	824
education, schools, or programs of a type described in division	825
(A)(3), (4), or (5) of this section that contains the name of each	826
board of education, school, or program of that type, the county in	827
which it is located, its address and telephone number, the name of	828
the superintendent of the board or of an administrative officer or	829
employee of the school or program, and, in relation to a board of	830
education, the county or counties in which each of its schools is	831
located and the address of each such school.	832

(3) The Ohio board of regents shall compile, maintain, and	833
update in January and July of each year, a list of all	834
institutions of a type described in division (A)(7) of this	835
section that contains the name of each such institution, the	836
county in which it is located, its address and telephone number,	837
and the name of its president or other chief administrative	838
officer.	839

(4) A sheriff required by division (A) or (C) of this	840
section, or authorized by division (D)(2) of this section, to	841
provide notices regarding an offender or delinquent child, or a	842
designee of a sheriff of that type, may request the department of	843
job and family services, department of education, or Ohio board of	844
regents, by telephone, in person, or by mail, to provide the	845
sheriff or designee with the names, addresses, and telephone	846
numbers of the appropriate persons and entities to whom the	847
notices described in divisions (A)(2) to (7) and (A)(11) of this	848
section are to be provided. Upon receipt of a request, the	849
department or board shall provide the requesting sheriff or	850
designee with the names, addresses, and telephone numbers of the	851
appropriate persons and entities to whom those notices are to be	852
provided.	853

(H)(1) Upon the motion of the offender or the prosecuting	854
attorney of the county in which the offender was convicted of or	855
pleaded guilty to the sexually oriented offense or child-victim	856
oriented offense for which the offender is subject to community	857
notification under this section, or upon the motion of the	858
sentencing judge or that judge's successor in office, the judge	859
may schedule a hearing to determine whether the interests of	860
justice would be served by suspending the community notification	861
requirement under this section in relation to the offender. The	862
judge may dismiss the motion without a hearing but may not issue	863
an order suspending the community notification requirement without	864
a hearing. At the hearing, all parties are entitled to be heard,	865
and the judge shall consider all of the factors set forth in	866
division (K) of this section. If, at the conclusion of the	867
hearing, the judge finds that the offender has proven by clear	868
and convincing evidence that the offender is unlikely to commit	869
in the future a sexually oriented offense or a child-victim	870
oriented offense and if the judge finds that suspending the	871
community notification requirement is in the interests of	872
justice, the judge may suspend the application of this section in	873
relation to the offender. The order shall contain both of these	874
findings.	875

The judge promptly shall serve a copy of the order upon the	876
sheriff with whom the offender most recently registered under	877
section 2950.04, 2950.041, or 2950.05 of the Revised Code and upon	878
the bureau of criminal identification and investigation.	879

An order suspending the community notification requirement	880
does not suspend or otherwise alter an offender's duties to comply	881
with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the	882
Revised Code and does not suspend the victim notification	883
requirement under section 2950.10 of the Revised Code.	884

(2) A prosecuting attorney, a sentencing judge or that	885
judge's successor in office, and an offender who is subject to the	886
community notification requirement under this section may	887
initially make a motion under division (H)(1) of this section upon	888
the expiration of twenty years after the offender's duty to comply	889
with division (A)(2), (3), or (4) of section 2950.04, division	890
(A)(2), (3), or (4) of section 2950.041 and sections 2950.05 and	891
2950.06 of the Revised Code begins in relation to the offense for	892
which the offender is subject to community notification. After	893
the initial making of a motion under division (H)(1) of this	894
section, thereafter, the prosecutor, judge, and offender may make	895
a subsequent motion under that division upon the expiration of	896
five years after the judge has entered an order denying the	897
initial motion or the most recent motion made under that	898
division.	899

(3) The offender and the prosecuting attorney have the right	900
to appeal an order approving or denying a motion made under	901
division (H)(1) of this section.	902

(4) Divisions (H)(1) to (3) of this section do not apply to	903
any of the following types of offender:	904

(a) A person who is convicted of or pleads guilty to a	905
violent sex offense or designated homicide, assault, or kidnapping	906
offense and who, in relation to that offense, is adjudicated a	907
sexually violent predator;	908

(b) A person who is convicted of or pleads guilty to a	909
sexually oriented offense that is a violation of division	910
(A)(1)(b) of section 2907.02 of the Revised Code committed on or	911
after January 2, 2007, and either who is sentenced under section	912
2971.03 of the Revised Code or upon whom a sentence of life	913
without parole is imposed under division (B) of section 2907.02	914
of the Revised Code;	915

(c) A person who is convicted of or pleads guilty to a	916
sexually oriented offense that is attempted rape committed on or	917
after January 2, 2007, and who also is convicted of or pleads	918
guilty to a specification of the type described in section	919
2941.1418, 2941.1419, or 2941.1420 of the Revised Code;	920

(d) A person who is convicted of or pleads guilty to an	921
offense described in division (B)(3)(a), (b), (c), or (d) of	922
section 2971.03 of the Revised Code and who is sentenced for that	923
offense pursuant to that division;	924

(e) An offender who is in a category specified in division	925
(F)(1)(a), (b), or (c) of this section and who, subsequent to	926
being subjected to community notification, has pleaded guilty to	927
or been convicted of a sexually oriented offense or child-victim	928
oriented offense.	929

(I) If a person is convicted of, pleads guilty to, has been	930
convicted of, or has pleaded guilty to a sexually oriented	931
offense or a child-victim oriented offense or a person is or has	932
been adjudicated a delinquent child for committing a sexually	933
oriented offense or a child-victim oriented offense and is	934
classified a juvenile offender registrant or is an out-of-state	935
juvenile offender registrant based on that adjudication, and if	936
the offender or delinquent child is not in any category specified	937
in division (F)(1)(a), (b), or (c) of this section, the sheriff	938
with whom the offender or delinquent child has most recently	939
registered under section 2950.04, 2950.041, or 2950.05 of the	940
Revised Code and the sheriff to whom the offender or delinquent	941
child most recently sent a notice of intent to reside under	942
section 2950.04 or 2950.041 of the Revised Code, within the	943
period of time specified in division (D) of this section, shall	944
provide a written notice containing the information set forth in	945
division (B) of this section to the executive director of the	946
public children services agency that has jurisdiction within the	947
specified geographical notification area and that is located	948
within the county served by the sheriff.	949

(J) Each sheriff shall allow a volunteer organization or	950
other organization, company, or individual who wishes to receive	951
the notice described in division (A)(10) of this section regarding	952
a specific offender or delinquent child or notice regarding all	953
offenders and delinquent children who are located in the specified	954
geographical notification area to notify the sheriff by electronic	955
mail or through the sheriff's web site of this election. The	956
sheriff shall promptly inform the bureau of criminal	957
identification and investigation of these requests in accordance	958
with the forwarding procedures adopted by the attorney general	959
pursuant to section 2950.13 of the Revised Code.	960

(K) In making a determination under division (H)(1) of this	961
section as to whether to suspend the community notification	962
requirement under this section for an offender, the judge shall	963
consider all relevant factors, including, but not limited to, all	964
of the following:	965

(1) The offender's age;

966

(2) The offender's prior criminal or delinquency record	967
regarding all offenses, including, but not limited to, all	968
sexually oriented offenses or child-victim oriented offenses;	969

(3) The age of the victim of the sexually oriented offense or	970
child-victim oriented offense the offender committed;	971

(4) Whether the sexually oriented offense or child-victim	972
oriented offense the offender committed involved multiple victims;	973

(5) Whether the offender used drugs or alcohol to impair the	974
victim of the sexually oriented offense or child-victim oriented	975
offense the offender committed or to prevent the victim from	976
resisting;	977

(6) If the offender previously has been convicted of, pleaded	978
guilty to, or been adjudicated a delinquent child for committing	979
an act that if committed by an adult would be a criminal offense,	980
whether the offender completed any sentence or dispositional order	981
imposed for the prior offense or act and, if the prior offense or	982
act was a sexually oriented offense or a child-victim oriented	983
offense, whether the offender or delinquent child participated in	984
available programs for sex offenders or child-victim offenders;	985

(7) Any mental illness or mental disability of the offender;

986

(8) The nature of the offender's sexual conduct, sexual	987
contact, or interaction in a sexual context with the victim of the	988
sexually oriented offense the offender committed or the nature of	989
the offender's interaction in a sexual context with the victim of	990
the child-victim oriented offense the offender committed,	991
whichever is applicable, and whether the sexual conduct, sexual	992
contact, or interaction in a sexual context was part of a	993
demonstrated pattern of abuse;	994

(9) Whether the offender, during the commission of the	995
sexually oriented offense or child-victim oriented offense the	996
offender committed, displayed cruelty or made one or more threats	997
of cruelty;	998

(10) Any additional behavioral characteristics that	999
contribute to the offender's conduct.	1000

(L) As used in this section, "specified geographical	1001
notification area" means the geographic area or areas within which	1002
the attorney general, by rule adopted under section 2950.13 of the	1003
Revised Code, requires the notice described in division (B) of	1004
this section to be given to the persons identified in divisions	1005
(A)(2) to (8) and (A)(11) of this section.	1006

Sec. 2950.112. (A) A person or government entity operating a	1007
long-term care facility shall do both of the following with	1008
respect to the notices received pursuant to division (A)(11) of	1009
section 2950.11 of the Revised Code:	1010

(1) Maintain a file of the notices and make the file easily	1011
accessible to the long-term care facility's residents and their	1012
sponsors upon request;	1013

(2) Not later than thirty days after receiving a notice,	1014
distribute copies of the notice to the long-term care facility's	1015
residents and their sponsors.	1016

(B) No person or government entity operating a long-term care	1017
facility shall discharge without just cause, refuse to hire, or	1018
otherwise discriminate against any employee of the long-term care	1019
facility with respect to hire, tenure, terms, conditions, or	1020
privileges of employment because that employee reports in good	1021
faith the long-term care facility's failure to comply with this	1022
section.	1023

(C) An employee of a long-term care facility is not liable in	1024
damages in a civil action for injury, death, or loss to person or	1025
property for reporting in good faith the long-term care facility's	1026
failure to comply with this section.	1027

Sec. 2950.13.  (A) The attorney general shall do all of the	1028
following:	1029

(1) No later than July 1, 1997, establish and maintain a	1030
state registry of sex offenders and child-victim offenders that is	1031
housed at the bureau of criminal identification and investigation	1032
and that contains all of the registration, change of residence,	1033
school, institution of higher education, or place of employment	1034
address, and verification information the bureau receives pursuant	1035
to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1036
Code regarding each person who is convicted of, pleads guilty to,	1037
has been convicted of, or has pleaded guilty to a sexually	1038
oriented offense or a child-victim oriented offense and each	1039
person who is or has been adjudicated a delinquent child for	1040
committing a sexually oriented offense or a child-victim oriented	1041
offense and is classified a juvenile offender registrant or is	1042
an out-of-state juvenile offender registrant based on that	1043
adjudication, all of the information the bureau receives pursuant	1044
to section 2950.14 of the Revised Code, and any notice of an	1045
order terminating or modifying an offender's or delinquent	1046
child's duty to comply with sections 2950.04, 2950.041, 2950.05,	1047
and 2950.06 of the Revised Code the bureau receives pursuant to	1048
section 2152.84, 2152.85, or 2950.15 of the Revised Code. For a	1049
person who was convicted of or pleaded guilty to the sexually	1050
oriented offense or child-victim related offense, the registry	1051
also shall indicate whether the person was convicted of or	1052
pleaded guilty to the offense in a criminal prosecution or in a	1053
serious youthful offender case. The registry shall not be open to	1054
inspection by the public or by any person other than a person	1055
identified in division (A) of section 2950.08 of the Revised	1056
Code. In addition to the information and material previously	1057
identified in this division, the registry shall include all of	1058
the following regarding each person who is listed in the	1059
registry:	1060

(a) A citation for, and the name of, all sexually oriented	1061
offenses or child-victim oriented offenses of which the person	1062
was convicted, to which the person pleaded guilty, or for which	1063
the person was adjudicated a delinquent child and that resulted	1064
in a registration duty, and the date on which those offenses were	1065
committed;	1066

(b) The text of the sexually oriented offenses or	1067
child-victim oriented offenses identified in division (A)(1)(a)	1068
of this section as those offenses existed at the time the person	1069
was convicted of, pleaded guilty to, or was adjudicated a	1070
delinquent child for committing those offenses, or a link to a	1071
database that sets forth the text of those offenses;	1072

(c) A statement as to whether the person is a tier I sex	1073
offender/child-victim offender, a tier II sex	1074
offender/child-victim offender, or a tier III sex	1075
offender/child-victim offender for the sexually oriented offenses	1076
or child-victim oriented offenses identified in division (A)(1)(a)	1077
of this section;	1078

(d) The community supervision status of the person,	1079
including, but not limited to, whether the person is serving a	1080
community control sanction and the nature of any such sanction,	1081
whether the person is under supervised release and the nature of	1082
the release, or regarding a juvenile, whether the juvenile is	1083
under any type of release authorized under Chapter 2152. or 5139.	1084
of the Revised Code and the nature of any such release;	1085

(e) The offense and delinquency history of the person, as	1086
determined from information gathered or provided under sections	1087
109.57 and 2950.14 of the Revised Code;	1088

(f) The bureau of criminal identification and investigation	1089
tracking number assigned to the person if one has been so	1090
assigned, the federal bureau of investigation number assigned to	1091
the person if one has been assigned and the bureau of criminal	1092
identification and investigation is aware of the number, and any	1093
other state identification number assigned to the person of which	1094
the bureau is aware;	1095

(g) Fingerprints and palmprints of the person;

1096

(h) A DNA specimen, as defined in section 109.573 of the	1097
Revised Code, from the person;	1098

(i) Whether the person has any outstanding arrest warrants;

1099

(j) Whether the person is in compliance with the person's	1100
duties under this chapter.	1101

(2) In consultation with local law enforcement	1102
representatives and no later than July 1, 1997, adopt rules that	1103
contain guidelines necessary for the implementation of this	1104
chapter;	1105

(3) In consultation with local law enforcement	1106
representatives, adopt rules for the implementation and	1107
administration of the provisions contained in section 2950.11 of	1108
the Revised Code that pertain to the notification of neighbors of	1109
an offender or a delinquent child who has committed a sexually	1110
oriented offense or a child-victim oriented offense and and is in	1111
a category specified in division (F)(1) of that section and rules	1112
that prescribe a manner in which victims of a sexually oriented	1113
offense or a child-victim oriented offense committed by an	1114
offender or a delinquent child who is in a category specified in	1115
division (B)(1) of section 2950.10 of the Revised Code may make a	1116
request that specifies that the victim would like to be provided	1117
the notices described in divisions (A)(1) and (2) of section	1118
2950.10 of the Revised Code;	1119

(4) In consultation with local law enforcement	1120
representatives and through the bureau of criminal identification	1121
and investigation, prescribe the forms to be used by judges and	1122
officials pursuant to section 2950.03 or 2950.032 of the Revised	1123
Code to advise offenders and delinquent children of their duties	1124
of filing a notice of intent to reside, registration, notification	1125
of a change of residence, school, institution of higher education,	1126
or place of employment address and registration of the new,	1127
school, institution of higher education, or place of employment	1128
address, as applicable, and address verification under sections	1129
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code, and	1130
prescribe the forms to be used by sheriffs relative to those	1131
duties of filing a notice of intent to reside, registration,	1132
change of residence, school, institution of higher education, or	1133
place of employment address notification, and address	1134
verification;	1135

(5) Make copies of the forms prescribed under division (A)(4)	1136
of this section available to judges, officials, and sheriffs;	1137

(6) Through the bureau of criminal identification and	1138
investigation, provide the notifications, the information and	1139
materials, and the documents that the bureau is required to	1140
provide to appropriate law enforcement officials and to the	1141
federal bureau of investigation pursuant to sections 2950.04,	1142
2950.041, 2950.05, and 2950.06 of the Revised Code;	1143

(7) Through the bureau of criminal identification and	1144
investigation, maintain the verification forms returned under the	1145
address verification mechanism set forth in section 2950.06 of the	1146
Revised Code;	1147

(8) In consultation with representatives of the officials,	1148
judges, and sheriffs, adopt procedures for officials, judges, and	1149
sheriffs to use to forward information, photographs, and	1150
fingerprints to the bureau of criminal identification and	1151
investigation pursuant to the requirements of sections 2950.03,	1152
2950.04, 2950.041, 2950.05, 2950.06, and 2950.11 of the Revised	1153
Code;	1154

(9) In consultation with the director of education, the	1155
director of job and family services, and the director of	1156
rehabilitation and correction, adopt rules that contain guidelines	1157
to be followed by boards of education of a school district,	1158
chartered nonpublic schools or other schools not operated by a	1159
board of education, preschool programs, child day-care centers,	1160
type A family day-care homes, certified type B family day-care	1161
homes, and institutions of higher education regarding the proper	1162
use and administration of information received pursuant to section	1163
2950.11 of the Revised Code relative to an offender or delinquent	1164
child who has committed a sexually oriented offense or a	1165
child-victim oriented offense and is in a category specified in	1166
division (F)(1) of that section;	1167

(10) In consultation with local law enforcement	1168
representatives and no later than July 1, 1997, adopt rules that	1169
designate a geographic area or areas within which the notice	1170
described in division (B) of section 2950.11 of the Revised Code	1171
must be given to the persons identified in divisions (A)(2) to (8)	1172
and, (A)(10), and (A)(11) of that section;	1173

(11) Through the bureau of criminal identification and	1174
investigation, not later than January 1, 2004, establish and	1175
operate on the internet a sex offender and child-victim offender	1176
database that contains information for every offender who has	1177
committed a sexually oriented offense or a child-victim oriented	1178
offense and registers in any county in this state pursuant to	1179
section 2950.04 or 2950.041 of the Revised Code and for every	1180
delinquent child who has committed a sexually oriented offense,	1181
is a public registry-qualified juvenile offender registrant, and	1182
registers in any county in this state pursuant to either such	1183
section. The bureau shall not include on the database the	1184
identity of any offender's or public registry-qualified juvenile	1185
offender registrant's victim, any offender's or public	1186
registry-qualified juvenile offender registrant's social security	1187
number, the name of any school or institution of higher education	1188
attended by any offender or public registry-qualified juvenile	1189
offender registrant, the name of the place of employment of any	1190
offender or public registry-qualified juvenile offender	1191
registrant, any tracking or identification number described in	1192
division (A)(1)(f) of this section, or any information described	1193
in division (C)(7) of section 2950.04 or 2950.041 of the Revised	1194
Code. The bureau shall provide on the database, for each offender	1195
and each public registry-qualified juvenile offender registrant,	1196
at least the information specified in divisions (A)(11)(a) to (h)	1197
of this section. Otherwise, the bureau shall determine the	1198
information to be provided on the database for each offender and	1199
public registry-qualified juvenile offender registrant and shall	1200
obtain that information from the information contained in the	1201
state registry of sex offenders and child-victim offenders	1202
described in division (A)(1) of this section, which information,	1203
while in the possession of the sheriff who provided it, is a	1204
public record open for inspection as described in section	1205
2950.081 of the Revised Code. The database is a public record	1206
open for inspection under section 149.43 of the Revised Code,	1207
and it shall be searchable by offender or public	1208
registry-qualified juvenile offender registrant name, by county,	1209
by zip code, and by school district. The database shall provide a	1210
link to the web site of each sheriff who has established and	1211
operates on the internet a sex offender and child-victim offender	1212
database that contains information for offenders and public	1213
registry-qualified juvenile offender registrants who register in	1214
that county pursuant to section 2950.04 or 2950.041 of the	1215
Revised Code, with the link being a direct link to the sex	1216
offender and child-victim offender database for the sheriff. The	1217
bureau shall provide on the database, for each offender and public	1218
registry-qualified juvenile offender registrant, at least the	1219
following information:	1220

(a) The information described in divisions (A)(1)(a), (b),	1221
(c), and (d) of this section relative to the offender or public	1222
registry-qualified juvenile offender registrant;	1223

(b) The address of the offender's or public	1224
registry-qualified juvenile offender registrant's school,	1225
institution of higher education, or place of employment provided	1226
in a registration form;	1227

(c) The information described in division (C)(6) of section	1228
2950.04 or 2950.041 of the Revised Code;	1229

(d) A chart describing which sexually oriented offenses and	1230
child-victim oriented offenses are included in the definitions of	1231
tier I sex offender/child-victim offender, tier II sex	1232
offender/child-victim offender, and tier III sex	1233
offender/child-victim offender;	1234

(e) Fingerprints and palm printspalmprints of the offender	1235
or public registry-qualified juvenile offender registrant and a	1236
DNA specimen from the offender or public registry-qualified	1237
juvenile offender registrant;	1238

(f) The information set forth in division (B) of section	1239
2950.11 of the Revised Code;	1240

(g) Any outstanding arrest warrants for the offender or	1241
public registry-qualified juvenile offender registrant;	1242

(h) The offender's or public registry-qualified juvenile	1243
offender registrant's compliance status with duties under this	1244
chapter.	1245

(12) Develop software to be used by sheriffs in establishing	1246
on the internet a sex offender and child-victim offender database	1247
for the public dissemination of some or all of the information	1248
and materials described in division (A) of section 2950.081 of	1249
the Revised Code that are public records under that division,	1250
that are not prohibited from inclusion by division (B) of that	1251
section, and that pertain to offenders and public	1252
registry-qualified juvenile offender registrants who register in	1253
the sheriff's county pursuant to section 2950.04 or 2950.041 of	1254
the Revised Code and for the public dissemination of information	1255
the sheriff receives pursuant to section 2950.14 of the Revised	1256
Code and, upon the request of any sheriff, provide technical	1257
guidance to the requesting sheriff in establishing on the	1258
internet such a database;	1259

(13) Through the bureau of criminal identification and	1260
investigation, not later than January 1, 2004, establish and	1261
operate on the internet a database that enables local law	1262
enforcement representatives to remotely search by electronic means	1263
the state registry of sex offenders and child-victim offenders	1264
described in division (A)(1) of this section and any information	1265
and materials the bureau receives pursuant to sections 2950.04,	1266
2950.041, 2950.05, 2950.06, and 2950.14 of the Revised Code. The	1267
database shall enable local law enforcement representatives to	1268
obtain detailed information regarding each offender and delinquent	1269
child who is included in the registry, including, but not limited	1270
to the offender's or delinquent child's name, aliases, residence	1271
address, name and address of any place of employment, school,	1272
institution of higher education, if applicable, license plate	1273
number of each vehicle identified in division (C)(5) of section	1274
2950.04 or 2950.041 of the Revised Code to the extent	1275
applicable, victim preference if available, date of most recent	1276
release from confinement if applicable, fingerprints, and	1277
palmprints, all of the information and material described in	1278
divisiondivisions (A)(1)(a) to (h) of this section regarding the	1279
offender or delinquent child, and other identification parameters	1280
the bureau considers appropriate. The database is not a public	1281
record open for inspection under section 149.43 of the Revised	1282
Code and shall be available only to law enforcement	1283
representatives as described in this division. Information	1284
obtained by local law enforcement representatives through use of	1285
this database is not open to inspection by the public or by any	1286
person other than a person identified in division (A) of section	1287
2950.08 of the Revised Code.	1288

(14) Through the bureau of criminal identification and	1289
investigation, maintain a list of requests for notice about a	1290
specified offender or delinquent child or specified geographical	1291
notification area made pursuant to division (J) of section 2950.11	1292
of the Revised Code and, when an offender or delinquent child	1293
changes residence to another county, forward any requests for	1294
information about that specific offender or delinquent child to	1295
the appropriate sheriff;	1296

(15) Through the bureau of criminal identification and	1297
investigation, establish and operate a system for the immediate	1298
notification by electronic means of the appropriate officials in	1299
other states specified in this division each time an offender or	1300
delinquent child registers a residence, school, institution of	1301
higher education, or place of employment address under section	1302
2950.04 or 2950.041 of the revisedRevised Code or provides a	1303
notice of a change of address or registers a new address under	1304
division (A) or (B) of section 2950.05 of the Revised Code. The	1305
immediate notification by electronic means shall be provided to	1306
the appropriate officials in each state in which the offender or	1307
delinquent child is required to register a residence, school,	1308
institution of higher education, or place of employment address.	1309
The notification shall contain the offender's or delinquent	1310
child's name and all of the information the bureau receives from	1311
the sheriff with whom the offender or delinquent child registered	1312
the address or provided the notice of change of address or	1313
registered the new address.	1314

(B) The attorney general in consultation with local law	1315
enforcement representatives, may adopt rules that establish one or	1316
more categories of neighbors of an offender or delinquent child	1317
who, in addition to the occupants of residential premises and	1318
other persons specified in division (A)(1) of section 2950.11 of	1319
the Revised Code, must be given the notice described in division	1320
(B) of that section.	1321

(C) No person, other than a local law enforcement	1322
representative, shall knowingly do any of the following:	1323

(1) Gain or attempt to gain access to the database	1324
established and operated by the attorney general, through the	1325
bureau of criminal identification and investigation, pursuant to	1326
division (A)(13) of this section.	1327

(2) Permit any person to inspect any information obtained	1328
through use of the database described in division (C)(1) of this	1329
section, other than as permitted under that division.	1330

(D) As used in this section, "local law enforcement	1331
representatives" means representatives of the sheriffs of this	1332
state, representatives of the municipal chiefs of police and	1333
marshals of this state, and representatives of the township	1334
constables and chiefs of police of the township police departments	1335
or police district police forces of this state.	1336

Sec. 3721.052.  No person operating a home, and no county	1337
home or district home licensed under section 3721.07 of the	1338
Revised Code, shall fail to comply with the distribution	1339
requirement established under division (B) of section 2950.112 of	1340
the Revised Code with respect to a notice received pursuant to	1341
division (A)(11) of section 2950.11 of the Revised Code.	1342

Sec. 3721.053.  (A) As used in this section, "sponsor" means	1343
an adult relative, friend, or guardian who has responsibility for	1344
the welfare of a resident of a home, county home, or district	1345
home licensed under section 3721.07 of the Revised Code.	1346

(B) Before admitting an individual from another state to a	1347
home, county home, or district home licensed under section 3721.07	1348
of the Revised Code, the person operating the home, county home,	1349
or district home shall require the individual to certify on a	1350
written form whether the individual was imprisoned for a felony	1351
any time during the twelve-month period preceding the date the	1352
individual's application for admission is submitted to the home,	1353
county home, or district home. If the individual certifies that	1354
the individual was imprisoned for a felony, the person operating	1355
the home, county home, or district home shall distribute copies of	1356
the written form to the residents of the home, county home, or	1357
district home and the residents' sponsors. The distribution shall	1358
be made not later than the date of the individual's admission to	1359
the home, county home, or district home.	1360

(C) No person operating a home, and no county home or	1361
district home licensed under section 3721.07 of the Revised Code,	1362
shall fail to comply with the distribution requirement established	1363
under division (B) of this section.	1364

(D) No person operating a home, county home, or district home	1365
shall discharge without just cause, refuse to hire, or otherwise	1366
discriminate against any employee of the home, county home, or	1367
district home with respect to hire, tenure, terms, conditions, or	1368
privileges of employment because that employee reports in good	1369
faith the home's, county home's, or district home's failure to	1370
comply with this section.	1371

(E) An employee of a home, county home, or district home is	1372
not liable in damages in a civil action for injury, death, or loss	1373
to person or property for reporting in good faith the home's,	1374
county home's, or district home's failure to comply with this	1375
section.	1376

Sec. 3721.99.  (A) Whoever violates section 3721.021,	1377
division (B), (D), or (E) of section 3721.05, division (A), (C),	1378
or (D) of section 3721.051, section 3721.06, division (A) of	1379
section 3721.22, division (A) or (B) of section 3721.24, or	1380
division (E) or (F) of section 3721.30 of the Revised Code shall	1381
be fined one hundred dollars for a first offense. For each	1382
subsequent offense, the violator shall be fined five hundred	1383
dollars. A violation of section 3721.052 or division (C) of	1384
section 3721.053 of the Revised Code shall not be considered a	1385
violation of any division of section 3721.05 or any division of	1386
section 3721.051 of the Revised Code for purposes of the fine	1387
imposed under this division.	1388

(B) Whoever violates division (A) or (C) of section 3721.05	1389
or division (B) of section 3721.051 of the Revised Code shall be	1390
fined five thousand dollars for a first offense. For each	1391
subsequent offense, the violator shall be fined ten thousand	1392
dollars.	1393

(C) Whoever violates division (D) of section 3721.031 or	1394
division (E) of section 3721.22 of the Revised Code is guilty of	1395
registering a false complaint, a misdemeanor of the first degree.	1396

(D) Whoever violates section 3721.052 or division (C) of	1397
section 3721.053 of the Revised Code shall be fined one hundred	1398
dollars for each day of the violation. Each violation constitutes	1399
a separate offense. Fines imposed under this division shall be	1400
deposited to the credit of the general revenue fund and shall be	1401
used solely for purposes of the adult protective services provided	1402
under sections 5101.60 to 5101.71 of the Revised Code.	1403

Sec. 3722.042.  No person operating an adult care facility	1404
shall fail to comply with the distribution requirement established	1405
under division (B) of section 2950.112 of the Revised Code with	1406
respect to a notice received pursuant to division (A)(11) of	1407
section 2950.11 of the Revised Code.	1408

Sec. 3722.043. (A) As used in this section, "sponsor" means	1409
an adult relative, friend, or guardian who has responsibility for	1410
the welfare of a resident of an adult care facility.	1411

(B) Before admitting an individual from another state to an	1412
adult care facility, the person operating the facility shall	1413
require the individual to certify on a written form whether the	1414
individual was imprisoned for a felony any time during the	1415
twelve-month period preceding the date the individual's	1416
application for admission is submitted to the adult care facility.	1417
If the individual certifies that the individual was imprisoned for	1418
a felony, the person operating the facility shall distribute	1419
copies of the written form to the facility's residents and their	1420
sponsors. The distribution shall be made not later than the date	1421
of the individual's admission to the facility.	1422

(C) No person operating an adult care facility shall fail to	1423
comply with the distribution requirement established under	1424
division (B) of this section.	1425

(D) No person operating an adult care facility shall	1426
discharge without just cause, refuse to hire, or otherwise	1427
discriminate against any employee of the adult care facility with	1428
respect to hire, tenure, terms, conditions, or privileges of	1429
employment because that employee reports in good faith the adult	1430
care facility's failure to comply with this section.	1431

(E) An employee of an adult care facility is not liable in	1432
damages in a civil action for injury, death, or loss to person or	1433
property for reporting in good faith the adult care facility's	1434
failure to comply with this section.	1435

Sec. 3722.06.  Except as otherwise provided in sections	1436
3722.07 to 3722.09 of the Revised Code and except in cases of	1437
violations that jeopardize the health and safety of any of the	1438
residents, if the director determines that a licensed facility is	1439
in violation of this chapter or of rules adopted pursuant to this	1440
chapter, hethe director shall give the facility an opportunity to	1441
correct the violation. The director shall notify the facility of	1442
the violation, prescribe the steps necessary to correct the	1443
condition, and specify a reasonable time for making the	1444
corrections. Notice of the violation and the prescribed	1445
corrections shall be in writing and shall include a citation to	1446
the statute or rule violated. The director shall state the action	1447
that hethe director will take if the corrections are not made	1448
within the specified period of time.	1449

If the director subsequently determines that the license of	1450
the facility should be revoked or should not be renewed because	1451
the facility has failed to correct the violation within the time	1452
specified or because the violation jeopardizes the health or	1453
safety of any of the residents, the director shall revoke or	1454
refuse to renew the license in accordance with Chapter 119. of the	1455
Revised Code.	1456

The director shall not give a licensed facility an	1457
opportunity to correct a violation of section 3722.042 or division	1458
(C) of section 3722.043 of the Revised Code.	1459

Sec. 3722.08.  (A) If the director of health determines that	1460
an adult care facility is in violation of this chapter or rules	1461
adopted under it, the director may impose a civil penalty,	1462
pursuant to rules adopted by the public health council under this	1463
chapter, on the owner of the facility. The director shall	1464
determine the classification and amount of the penalty by	1465
considering the following factors:	1466

(1) The gravity of the violation, the severity of the actual	1467
or potential harm, and the extent to which the provisions of this	1468
chapter or rules adopted under it were violated;	1469

(2) Actions taken by the owner or manager to correct the	1470
violation;	1471

(3) The number, if any, of previous violations by the adult	1472
care facility.	1473

(B) The director shall give written notice of the order	1474
imposing a civil penalty to the adult care facility by certified	1475
mail, return receipt requested, or shall provide for delivery of	1476
the notice in person. The notice shall specify the classification	1477
of the violation as determined by rules adopted by the public	1478
health council pursuant to this chapter, the amount of the penalty	1479
and the rate of interest, the action that is required to be taken	1480
to correct the violation, the time within which it is to be	1481
corrected as specified in division (C) of this section, and the	1482
procedures for the facility to follow to request a conference on	1483
the order imposing a civil penalty. If the facility requests a	1484
conference in a letter mailed or delivered not later than two	1485
working days after it has received the notice, the director shall	1486
hold a conference with representatives of the facility concerning	1487
the civil penalty. The conference shall be held not later than	1488
seven days after the director receives the request. The conference	1489
shall be conducted as prescribed in division (C) of section	1490
3722.07 of the Revised Code. If the director issues an order	1491
upholding the civil penalty, the facility may request an	1492
adjudication hearing pursuant to Chapter 119. of the Revised Code,	1493
but the order of the director shall be in effect during	1494
proceedings instituted pursuant to that chapter until a final	1495
adjudication is made.	1496

(C) The director shall order that the condition or practice	1497
constituting a class I violation be abated or eliminated within	1498
twenty-four hours or any longer period that the director considers	1499
reasonable. The notice for a class II or a class III violation	1500
shall specify a time within which the violation is required to be	1501
corrected.	1502

(D) If the facility does not request a conference or if,	1503
after a conference, it fails to take action to correct a	1504
violation, the director shall issue an order upholding the	1505
penalty, plus interest at the rate specified in section 1343.03 of	1506
the Revised Code for each day beyond the date set for payment of	1507
the penalty. The director may waive the interest payment for the	1508
period prior to the conference if the director concludes that the	1509
conference was necessitated by a legitimate dispute.	1510

(E) The director may cancel or reduce the penalty for a class	1511
I violation if the facility corrects the violation within the time	1512
specified in the notice unless a resident suffers physical harm	1513
because of the violation or unless the facility has been cited	1514
previously for the same violation, in which case the director	1515
shall impose the penalty even though the facility has corrected	1516
the violation. The director shall cancel the penalty for a class	1517
II or class III violation if the facility corrects the violation	1518
within the time specified in the notice unless the facility has	1519
been cited previously for the same violation. Each day of a	1520
violation of any class, after the date the director sets for	1521
abatement or elimination, constitutes a separate and additional	1522
violation.	1523

(F) If an adult care facility fails to pay a penalty imposed	1524
under this section, the director may commence a civil action to	1525
collect the penalty. The license of an adult care facility that	1526
has failed to pay a penalty imposed under this section shall not	1527
be renewed until the penalty has been paid.	1528

(G) If a penalty is imposed under this section, a fine shall	1529
not be imposed under section 3722.99 of the Revised Code for the	1530
same violation.	1531

(H) Notwithstanding any other division of this section, the	1532
director shall not impose a penalty for a class I violation if all	1533
of the following apply:	1534

(1) A resident has not suffered physical harm because of the	1535
violation;	1536

(2) The violation has been corrected and is no longer	1537
occurring;	1538

(3) The violation is discovered by an inspector authorized to	1539
inspect an adult care facility pursuant to this chapter by an	1540
examination of the records of the facility.	1541

(I) The director shall not impose a fine under this section	1542
for a violation of section 3722.042 or division (C) of section	1543
3722.043 of the Revised Code.	1544

Sec. 3722.99. (A) Whoever violates division (A) or (B) of	1545
section 3722.16 of the Revised Code shall be fined five hundred	1546
dollars for a first offense; for each subsequent offense, such	1547
person shall be fined one thousand dollars.	1548

(B) Whoever violates division (C) of section 3722.12 or	1549
division (D) of section 3722.16 of the Revised Code shall be fined	1550
one hundred dollars for a first offense; for each subsequent	1551
offense, such person shall be fined five hundred dollars.	1552

(C) Whoever violates section 3722.042 or division (C) of	1553
section 3721.043 of the Revised Code shall be fined one hundred	1554
dollars for each day of the violation. Each violation constitutes	1555
a separate offense. Fines imposed under this division shall be	1556
deposited to the credit of the general revenue fund and shall be	1557
used solely for purposes of the adult protective services provided	1558
under sections 5101.60 to 5101.71 of the Revised Code.	1559

A violation of section 3722.042 or division (C) of section	1560
3722.043 of the Revised Code shall not be considered a violation	1561
of any division of section 3722.16 of the Revised Code for	1562
purposes of the fine imposed under division (A) or (B) of this	1563
section.	1564

Sec. 5119.22.  (A)(1) As used in this section and sections	1565
5119.222 and 5119.223 of the Revised Code:	1566

(a) "Community mental health agency" means a community mental	1567
health agency as defined in division (H) of section 5122.01 of the	1568
Revised Code, or, until two years after the effective date of this	1569
amendmentSeptember 5, 2001, a community mental health facility	1570
certified by the department of mental health pursuant to division	1571
(H) of section 5119.01 of the Revised Code.	1572

(b) "Community mental health services" means any of the	1573
services listed in section 340.09 of the Revised Code.	1574

(c) "Personal care services" means services including, but	1575
not limited to, the following:	1576

(i) Assisting residents with activities of daily living;

1577

(ii) Assisting residents with self-administration of	1578
medication in accordance with rules adopted under this section;	1579

(iii) Preparing special diets, other than complex therapeutic	1580
diets, for residents pursuant to the instructions of a physician	1581
or a licensed dietitian, in accordance with rules adopted under	1582
this section.	1583

"Personal care services" does not include "skilled nursing	1584
care" as defined in section 3721.01 of the Revised Code. A	1585
facility need not provide more than one of the services listed in	1586
division (A)(1)(c) of this section to be considered to be	1587
providing personal care services.	1588

(d) "Residential facility" means a publicly or privately	1589
operated home or facility that provides one of the following:	1590

(i) Room and board, personal care services, and community	1591
mental health services to one or more persons with mental illness	1592
or persons with severe mental disabilities who are referred by or	1593
are receiving community mental health services from a community	1594
mental health agency, hospital, or practitioner;	1595

(ii) Room and board and personal care services to one or two	1596
persons with mental illness or persons with severe mental	1597
disabilities who are referred by or are receiving community mental	1598
health services from a community mental health agency, hospital,	1599
or practitioner;	1600

(iii) Room and board to five or more persons with mental	1601
illness or persons with severe mental disabilities who are	1602
referred by or are receiving community mental health services from	1603
a community mental health agency, hospital, or practitioner.	1604

The following are not residential facilities: the residence	1605
of a relative or guardian of a mentally ill individual, a hospital	1606
subject to licensure under section 5119.20 of the Revised Code, a	1607
residential facility as defined in section 5123.19 of the Revised	1608
Code, a facility providing care for a child in the custody of a	1609
public children services agency or a private agency certified	1610
under section 5103.03 of the Revised Code, a foster care facility	1611
subject to section 5103.03 of the Revised Code, an adult care	1612
facility subject to licensure under Chapter 3722. of the Revised	1613
Code, and a nursing home, residential care facility, or home for	1614
the aging subject to licensure under section 3721.02 of the	1615
Revised Code.	1616

(2) Nothing in division (A)(1)(d) of this section shall be	1617
construed to permit personal care services to be imposed on a	1618
resident who is capable of performing the activity in question	1619
without assistance.	1620

(3) Except in the case of a residential facility described in	1621
division (A)(1)(d)(i) of this section, members of the staff of a	1622
residential facility shall not administer medication to residents,	1623
all medication taken by residents of a residential facility shall	1624
be self-administered, and no person shall be admitted to or	1625
retained by a residential facility unless the person is capable of	1626
taking the person's own medication and biologicals, as determined	1627
in writing by the person's personal physician. Members of the	1628
staff of a residential facility may do any of the following:	1629

(a) Remind a resident when to take medication and watch to	1630
ensure that the resident follows the directions on the container;	1631

(b) Assist a resident in the self-administration of	1632
medication by taking the medication from the locked area where it	1633
is stored, in accordance with rules adopted pursuant to this	1634
section, and handing it to the resident. If the resident is	1635
physically unable to open the container, a staff member may open	1636
the container for the resident.	1637

(c) Assist a physically impaired but mentally alert resident,	1638
such as a resident with arthritis, cerebral palsy, or Parkinson's	1639
disease, in removing oral or topical medication from containers	1640
and in consuming or applying the medication, upon request by or	1641
with the consent of the resident. If a resident is physically	1642
unable to place a dose of medicine to the resident's mouth without	1643
spilling it, a staff member may place the dose in a container and	1644
place the container to the mouth of the resident.	1645

(B) Every person operating or desiring to operate a	1646
residential facility shall apply for licensure of the facility to	1647
the department of mental health and shall send a copy of the	1648
application to the board of alcohol, drug addiction, and mental	1649
health services whose service district includes the county in	1650
which the person operates or desires to operate a residential	1651
facility. The board shall review such applications and recommend	1652
approval or disapproval to the department. Each recommendation	1653
shall be consistent with the board's community mental health plan.	1654

(C) The department of mental health shall inspect and license	1655
the operation of residential facilities. The department shall	1656
consider the past record of the facility and the applicant or	1657
licensee in arriving at its licensure decision. The department may	1658
issue full, probationary, and interim licenses. A full license	1659
shall expire two years after the date of issuance, a probationary	1660
license shall expire in a shorter period of time as prescribed by	1661
rule adopted by the director of mental health pursuant to Chapter	1662
119. of the Revised Code, and an interim license shall expire	1663
ninety days after the date of issuance. The department may refuse	1664
to issue or renew and may revoke a license if it finds the	1665
facility is not in compliance with rules adopted by the department	1666
pursuant to division (G) of this section or if any facility	1667
operated by the applicant or licensee has had repeated violations	1668
of statutes or rules during the period of previous licenses.	1669
Proceedings initiated to deny applications for full or	1670
probationary licenses or to revoke such licenses are governed by	1671
Chapter 119. of the Revised Code.	1672

(D) The department may issue an interim license to operate a	1673
residential facility if both of the following conditions are met:	1674

(1) The department determines that the closing of or the need	1675
to remove residents from another residential facility has created	1676
an emergency situation requiring immediate removal of residents	1677
and an insufficient number of licensed beds are available.	1678

(2) The residential facility applying for an interim license	1679
meets standards established for interim licenses in rules adopted	1680
by the director under Chapter 119. of the Revised Code.	1681

An interim license shall be valid for ninety days and may be	1682
renewed by the director no more than twice. Proceedings initiated	1683
to deny applications for or to revoke interim licenses under this	1684
division are not subject to Chapter 119. of the Revised Code.	1685

(E) The department of mental health may conduct an inspection	1686
of a residential facility:	1687

(1) Prior to the issuance of a license to a prospective	1688
operator;	1689

(2) Prior to the renewal of any operator's license;

1690

(3) To determine whether a facility has completed a plan of	1691
correction required pursuant to this division and corrected	1692
deficiencies to the satisfaction of the department and in	1693
compliance with this section and rules adopted pursuant to it;	1694

(4) Upon complaint by any individual or agency;

1695

(5) At any time the director considers an inspection to be	1696
necessary in order to determine whether a residential facility is	1697
in compliance with this section and rules adopted pursuant to this	1698
section.	1699

In conducting inspections the department may conduct an	1700
on-site examination and evaluation of the residential facility,	1701
its personnel, activities, and services. The department shall have	1702
access to examine all records, accounts, and any other documents	1703
relating to the operation of the residential facility, and shall	1704
have access to the facility in order to conduct interviews with	1705
the operator, staff, and residents. Following each inspection and	1706
review, the department shall complete a report listing any	1707
deficiencies, and including, when appropriate, a time table within	1708
which the operator shall correct the deficiencies. The department	1709
may require the operator to submit a plan of correction describing	1710
how the deficiencies will be corrected.	1711

(F) No person shall do any of the following:

1712

(1) Operate a residential facility unless the facility holds	1713
a valid license;	1714

(2) Violate any of the conditions of licensure after having	1715
been granted a license;	1716

(3) Interfere with a state or local official's inspection or	1717
investigation of a residential facility;	1718

(4) Violate any of the provisions of this section or any	1719
rules adopted pursuant to this section.	1720

(G) The director shall adopt and may amend and rescind rules	1721
pursuant to Chapter 119. of the Revised Code, prescribing minimum	1722
standards for the health, safety, adequacy, and cultural	1723
specificity and sensitivity of treatment of and services for	1724
persons in residential facilities; establishing procedures for the	1725
issuance, renewal or revocation of the licenses of such	1726
facilities; establishing the maximum number of residents of a	1727
facility; establishing the rights of residents and procedures to	1728
protect such rights; and requiring an affiliation agreement	1729
approved by the board between a residential facility and a mental	1730
health agency. Such affiliation agreement must be consistent with	1731
the residential portion of the community mental health plan	1732
submitted pursuant to section 340.03 of the Revised Code.	1733

(H) The department may investigate any facility that has been	1734
reported to the department or that the department has reasonable	1735
cause to believe is operating as a residential facility without a	1736
valid license.	1737

(I) The department may withhold the source of any complaint	1738
reported as a violation of this act when the department determines	1739
that disclosure could be detrimental to the department's purposes	1740
or could jeopardize the investigation. The department may disclose	1741
the source of any complaint if the complainant agrees in writing	1742
to such disclosure and shall disclose the source upon order by a	1743
court of competent jurisdiction.	1744

(J) The director of mental health may petition the court of	1745
common pleas of the county in which a residential facility is	1746
located for an order enjoining any person from operating a	1747
residential facility without a license or from operating a	1748
licensed facility when, in the director's judgment, there is a	1749
real and present danger to the health or safety of any of the	1750
occupants of the facility. The court shall have jurisdiction to	1751
grant such injunctive relief upon a showing that the respondent	1752
named in the petition is operating a facility without a license or	1753
there is a real and present danger to the health or safety of any	1754
residents of the facility.	1755

(K) Whoever violates division (F) of this section or any rule	1756
adopted under this section is liable for a civil penalty of one	1757
hundred dollars for the first offense; for each subsequent	1758
offense, such violator is liable for a civil penalty of five	1759
hundred dollars. A violation of section 5119.222 or division (C)	1760
of section 5119.223 of the Revised Code shall not be considered a	1761
violation of division (F) of this section for purposes of the fine	1762
imposed under this division. If the violator does not pay, the	1763
attorney general, upon the request of the director of mental	1764
health, shall bring a civil action to collect the penalty. Fines	1765
collected pursuant to this section shall be deposited into the	1766
state treasury to the credit of the mental health sale of goods	1767
and services fund.	1768

Sec. 5119.222.  No person operating a residential facility	1769
shall fail to comply with the distribution requirement established	1770
under division (B) of section 2950.112 of the Revised Code with	1771
respect to a notice received pursuant to division (A)(11) of	1772
section 2950.11 of the Revised Code.	1773

Sec. 5119.223.  (A) As used in this section, "sponsor" means	1774
an adult relative, friend, or guardian who has responsibility for	1775
the welfare of a resident of an adult care facility.	1776

(B) Before admitting an individual from another state to a	1777
residential facility, the person operating the facility shall	1778
require the individual to certify on a written form whether the	1779
individual was imprisoned for a felony any time during the	1780
twelve-month period preceding the date the individual's	1781
application for admission is submitted to the residential	1782
facility. If the individual certifies that the individual was	1783
imprisoned for a felony, the person operating the facility shall	1784
distribute copies of the written form to the facility's residents	1785
and their sponsors. The distribution shall be made not later than	1786
the date of the individual's admission to the facility.	1787

(C) No person operating a residential facility shall fail to	1788
comply with the distribution requirement established under	1789
division (B) of this section.	1790

(D) No person operating a residential facility shall	1791
discharge without just cause, refuse to hire, or otherwise	1792
discriminate against any employee of the residential facility with	1793
respect to hire, tenure, terms, conditions, or privileges of	1794
employment because that employee reports in good faith the	1795
residential facility's failure to comply with this section.	1796

(E) An employee of a residential facility is not liable in	1797
damages in a civil action for injury, death, or loss to person or	1798
property for reporting in good faith the residential facility's	1799
failure to comply with this section.	1800

Sec. 5119.99. (A) Whoever violates section 5119.21 of the	1801
Revised Code is guilty of a misdemeanor of the first degree.	1802

(B) Whoever violates section 5119.222 or division (C) of	1803
section 5119.223 of the Revised Code shall be fined one hundred	1804
dollars for each day of the violation. Each violation constitutes	1805
a separate offense. Fines imposed under this division shall be	1806
deposited to the credit of the general revenue fund and shall be	1807
used solely for purposes of the adult protective services provided	1808
under sections 5101.60 to 5101.71 of the Revised Code.	1809

Sec. 5123.19.  (A) As used in this section and in sections	1810
5123.191, 5123.194, 5123.196, 5123.198, 5123.199, 5123.1910, and	1811
5123.20 of the Revised Code:	1812

(1)(a) "Residential facility" means a home or facility in	1813
which a mentally retarded or developmentally disabled person	1814
resides, except the home of a relative or legal guardian in which	1815
a mentally retarded or developmentally disabled person resides, a	1816
respite care home certified under section 5126.05 of the Revised	1817
Code, a county home or district home operated pursuant to Chapter	1818
5155. of the Revised Code, or a dwelling in which the only	1819
mentally retarded or developmentally disabled residents are in an	1820
independent living arrangement or are being provided supported	1821
living.	1822

(b) "Intermediate care facility for the mentally retarded"	1823
means a residential facility that is considered an intermediate	1824
care facility for the mentally retarded for the purposes of	1825
Chapter 5111. of the Revised Code.	1826

(2) "Political subdivision" means a municipal corporation,	1827
county, or township.	1828

(3) "Independent living arrangement" means an arrangement in	1829
which a mentally retarded or developmentally disabled person	1830
resides in an individualized setting chosen by the person or the	1831
person's guardian, which is not dedicated principally to the	1832
provision of residential services for mentally retarded or	1833
developmentally disabled persons, and for which no financial	1834
support is received for rendering such service from any	1835
governmental agency by a provider of residential services.	1836

(4) "Licensee" means the person or government agency that has	1837
applied for a license to operate a residential facility and to	1838
which the license was issued under this section.	1839

(5) "Related party" has the same meaning as in section	1840
5123.16 of the Revised Code except that "provider" as used in the	1841
definition of "related party" means a person or government entity	1842
that held or applied for a license to operate a residential	1843
facility, rather than a person or government entity certified to	1844
provide supported living.	1845

(B) Every person or government agency desiring to operate a	1846
residential facility shall apply for licensure of the facility to	1847
the director of mental retardation and developmental disabilities	1848
unless the residential facility is subject to section 3721.02,	1849
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	1850
Chapter 3721. of the Revised Code, a nursing home that is	1851
certified as an intermediate care facility for the mentally	1852
retarded under Title XIX of the "Social Security Act," 79 Stat.	1853
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	1854
licensure of the portion of the home that is certified as an	1855
intermediate care facility for the mentally retarded.	1856

(C) Subject to section 5123.196 of the Revised Code, the	1857
director of mental retardation and developmental disabilities	1858
shall license the operation of residential facilities. An initial	1859
license shall be issued for a period that does not exceed one	1860
year, unless the director denies the license under division (D) of	1861
this section. A license shall be renewed for a period that does	1862
not exceed three years, unless the director refuses to renew the	1863
license under division (D) of this section. The director, when	1864
issuing or renewing a license, shall specify the period for which	1865
the license is being issued or renewed. A license remains valid	1866
for the length of the licensing period specified by the director,	1867
unless the license is terminated, revoked, or voluntarily	1868
surrendered.	1869

(D) If it is determined that an applicant or licensee is not	1870
in compliance with a provision of this chapter that applies to	1871
residential facilities or the rules adopted under such a	1872
provision, the director may deny issuance of a license, refuse to	1873
renew a license, terminate a license, revoke a license, issue an	1874
order for the suspension of admissions to a facility, issue an	1875
order for the placement of a monitor at a facility, issue an order	1876
for the immediate removal of residents, or take any other action	1877
the director considers necessary consistent with the director's	1878
authority under this chapter regarding residential facilities. In	1879
the director's selection and administration of the sanction to be	1880
imposed, all of the following apply:	1881

(1) The director may deny, refuse to renew, or revoke a	1882
license, if the director determines that the applicant or licensee	1883
has demonstrated a pattern of serious noncompliance or that a	1884
violation creates a substantial risk to the health and safety of	1885
residents of a residential facility.	1886

(2) The director may terminate a license if more than twelve	1887
consecutive months have elapsed since the residential facility was	1888
last occupied by a resident or a notice required by division (K)	1889
of this section is not given.	1890

(3) The director may issue an order for the suspension of	1891
admissions to a facility for any violation that may result in	1892
sanctions under division (D)(1) of this section and for any other	1893
violation specified in rules adopted under division (H)(2) of	1894
this section. If the suspension of admissions is imposed for a	1895
violation that may result in sanctions under division (D)(1) of	1896
this section, the director may impose the suspension before	1897
providing an opportunity for an adjudication under Chapter 119. of	1898
the Revised Code. The director shall lift an order for the	1899
suspension of admissions when the director determines that the	1900
violation that formed the basis for the order has been corrected.	1901

(4) The director may order the placement of a monitor at a	1902
residential facility for any violation specified in rules adopted	1903
under division (H)(2) of this section. The director shall lift the	1904
order when the director determines that the violation that formed	1905
the basis for the order has been corrected.	1906

(5) If the director determines that two or more residential	1907
facilities owned or operated by the same person or government	1908
entity are not being operated in compliance with a provision of	1909
this chapter that applies to residential facilities or the rules	1910
adopted under such a provision, and the director's findings are	1911
based on the same or a substantially similar action, practice,	1912
circumstance, or incident that creates a substantial risk to the	1913
health and safety of the residents, the director shall conduct a	1914
survey as soon as practicable at each residential facility owned	1915
or operated by that person or government entity. The director may	1916
take any action authorized by this section with respect to any	1917
facility found to be operating in violation of a provision of this	1918
chapter that applies to residential facilities or the rules	1919
adopted under such a provision.	1920

(6) When the director initiates license revocation	1921
proceedings, no opportunity for submitting a plan of correction	1922
shall be given. The director shall notify the licensee by letter	1923
of the initiation of the proceedings. The letter shall list the	1924
deficiencies of the residential facility and inform the licensee	1925
that no plan of correction will be accepted. The director shall	1926
also send a copy of the letter to the county board of mental	1927
retardation and developmental disabilities. The county board shall	1928
send a copy of the letter to each of the following:	1929

(a) Each resident who receives services from the licensee;

1930

(b) The guardian of each resident who receives services from	1931
the licensee if the resident has a guardian;	1932

(c) The parent or guardian of each resident who receives	1933
services from the licensee if the resident is a minor.	1934

(7) Pursuant to rules which shall be adopted in accordance	1935
with Chapter 119. of the Revised Code, the director may order the	1936
immediate removal of residents from a residential facility	1937
whenever conditions at the facility present an immediate danger of	1938
physical or psychological harm to the residents.	1939

(8) In determining whether a residential facility is being	1940
operated in compliance with a provision of this chapter that	1941
applies to residential facilities or the rules adopted under such	1942
a provision, or whether conditions at a residential facility	1943
present an immediate danger of physical or psychological harm to	1944
the residents, the director may rely on information obtained by a	1945
county board of mental retardation and developmental disabilities	1946
or other governmental agencies.	1947

(9) In proceedings initiated to deny, refuse to renew, or	1948
revoke licenses, the director may deny, refuse to renew, or revoke	1949
a license regardless of whether some or all of the deficiencies	1950
that prompted the proceedings have been corrected at the time of	1951
the hearing.	1952

(E) The director shall establish a program under which public	1953
notification may be made when the director has initiated license	1954
revocation proceedings or has issued an order for the suspension	1955
of admissions, placement of a monitor, or removal of residents.	1956
The director shall adopt rules in accordance with Chapter 119. of	1957
the Revised Code to implement this division. The rules shall	1958
establish the procedures by which the public notification will be	1959
made and specify the circumstances for which the notification must	1960
be made. The rules shall require that public notification be made	1961
if the director has taken action against the facility in the	1962
eighteen-month period immediately preceding the director's latest	1963
action against the facility and the latest action is being taken	1964
for the same or a substantially similar violation of a provision	1965
of this chapter that applies to residential facilities or the	1966
rules adopted under such a provision. The rules shall specify a	1967
method for removing or amending the public notification if the	1968
director's action is found to have been unjustified or the	1969
violation at the residential facility has been corrected.	1970

(F)(1) Except as provided in division (F)(2) of this section,	1971
appeals from proceedings initiated to impose a sanction under	1972
division (D) of this section shall be conducted in accordance with	1973
Chapter 119. of the Revised Code.	1974

(2) Appeals from proceedings initiated to order the	1975
suspension of admissions to a facility shall be conducted in	1976
accordance with Chapter 119. of the Revised Code, unless the order	1977
was issued before providing an opportunity for an adjudication, in	1978
which case all of the following apply:	1979

(a) The licensee may request a hearing not later than ten	1980
days after receiving the notice specified in section 119.07 of the	1981
Revised Code.	1982

(b) If a timely request for a hearing that includes the	1983
licensee's current address is made, the hearing shall commence not	1984
later than thirty days after the department receives the request.	1985

(c) After commencing, the hearing shall continue	1986
uninterrupted, except for Saturdays, Sundays, and legal holidays,	1987
unless other interruptions are agreed to by the licensee and the	1988
director.	1989

(d) If the hearing is conducted by a hearing examiner, the	1990
hearing examiner shall file a report and recommendations not later	1991
than ten days after the last of the following:	1992

(i) The close of the hearing;

1993

(ii) If a transcript of the proceedings is ordered, the	1994
hearing examiner receives the transcript;	1995

(iii) If post-hearing briefs are timely filed, the hearing	1996
examiner receives the briefs.	1997

(e) A copy of the written report and recommendation of the	1998
hearing examiner shall be sent, by certified mail, to the licensee	1999
and the licensee's attorney, if applicable, not later than five	2000
days after the report is filed.	2001

(f) Not later than five days after the hearing examiner files	2002
the report and recommendations, the licensee may file objections	2003
to the report and recommendations.	2004

(g) Not later than fifteen days after the hearing examiner	2005
files the report and recommendations, the director shall issue an	2006
order approving, modifying, or disapproving the report and	2007
recommendations.	2008

(h) Notwithstanding the pendency of the hearing, the director	2009
shall lift the order for the suspension of admissions when the	2010
director determines that the violation that formed the basis for	2011
the order has been corrected.	2012

(G) Neither a person or government agency whose application	2013
for a license to operate a residential facility is denied nor a	2014
related party of the person or government agency may apply for a	2015
license to operate a residential facility before the date that is	2016
one year after the date of the denial. Neither a licensee whose	2017
residential facility license is revoked nor a related party of the	2018
licensee may apply for a residential facility license before the	2019
date that is five years after the date of the revocation.	2020

(H) In accordance with Chapter 119. of the Revised Code, the	2021
director shall adopt and may amend and rescind rules for licensing	2022
and regulating the operation of residential facilities, including	2023
intermediate care facilities for the mentally retarded. The rules	2024
for intermediate care facilities for the mentally retarded may	2025
differ from those for other residential facilities. The rules	2026
shall establish and specify the following:	2027

(1) Procedures and criteria for issuing and renewing	2028
licenses, including procedures and criteria for determining the	2029
length of the licensing period that the director must specify for	2030
each license when it is issued or renewed;	2031

(2) Procedures and criteria for denying, refusing to renew,	2032
terminating, and revoking licenses and for ordering the suspension	2033
of admissions to a facility, placement of a monitor at a facility,	2034
and the immediate removal of residents from a facility;	2035

(3) Fees for issuing and renewing licenses, which shall be	2036
deposited into the program fee fund created under section 5123.033	2037
of the Revised Code;	2038

(4) Procedures for surveying residential facilities;

2039

(5) Requirements for the training of residential facility	2040
personnel;	2041

(6) Classifications for the various types of residential	2042
facilities;	2043

(7) Certification procedures for licensees and management	2044
contractors that the director determines are necessary to ensure	2045
that they have the skills and qualifications to properly operate	2046
or manage residential facilities;	2047

(8) The maximum number of persons who may be served in a	2048
particular type of residential facility;	2049

(9) Uniform procedures for admission of persons to and	2050
transfers and discharges of persons from residential facilities;	2051

(10) Other standards for the operation of residential	2052
facilities and the services provided at residential facilities;	2053

(11) Procedures for waiving any provision of any rule adopted	2054
under this section.	2055

(I) Before issuing a license, the director of the department	2056
or the director's designee shall conduct a survey of the	2057
residential facility for which application is made. The director	2058
or the director's designee shall conduct a survey of each	2059
licensed residential facility at least once during the period the	2060
license is valid and may conduct additional inspections as needed.	2061
A survey includes but is not limited to an on-site examination and	2062
evaluation of the residential facility, its personnel, and the	2063
services provided there.	2064

In conducting surveys, the director or the director's	2065
designee shall be given access to the residential facility; all	2066
records, accounts, and any other documents related to the	2067
operation of the facility; the licensee; the residents of the	2068
facility; and all persons acting on behalf of, under the control	2069
of, or in connection with the licensee. The licensee and all	2070
persons on behalf of, under the control of, or in connection with	2071
the licensee shall cooperate with the director or the director's	2072
designee in conducting the survey.	2073

Following each survey, unless the director initiates a	2074
license revocation proceeding, the director or the director's	2075
designee shall provide the licensee with a report listing any	2076
deficiencies, specifying a timetable within which the licensee	2077
shall submit a plan of correction describing how the deficiencies	2078
will be corrected, and, when appropriate, specifying a timetable	2079
within which the licensee must correct the deficiencies. After a	2080
plan of correction is submitted, the director or the director's	2081
designee shall approve or disapprove the plan. A copy of the	2082
report and any approved plan of correction shall be provided to	2083
any person who requests it.	2084

The director shall initiate disciplinary action against any	2085
department employee who notifies or causes the notification to any	2086
unauthorized person of an unannounced survey of a residential	2087
facility by an authorized representative of the department.	2088

(J) In addition to any other information which may be	2089
required of applicants for a license pursuant to this section, the	2090
director shall require each applicant to provide a copy of an	2091
approved plan for a proposed residential facility pursuant to	2092
section 5123.042 of the Revised Code. This division does not apply	2093
to renewal of a license.	2094

(K) A licensee shall notify the owner of the building in	2095
which the licensee's residential facility is located of any	2096
significant change in the identity of the licensee or management	2097
contractor before the effective date of the change if the licensee	2098
is not the owner of the building.	2099

Pursuant to rules which shall be adopted in accordance with	2100
Chapter 119. of the Revised Code, the director may require	2101
notification to the department of any significant change in the	2102
ownership of a residential facility or in the identity of the	2103
licensee or management contractor. If the director determines that	2104
a significant change of ownership is proposed, the director shall	2105
consider the proposed change to be an application for development	2106
by a new operator pursuant to section 5123.042 of the Revised Code	2107
and shall advise the applicant within sixty days of the	2108
notification that the current license shall continue in effect or	2109
a new license will be required pursuant to this section. If the	2110
director requires a new license, the director shall permit the	2111
facility to continue to operate under the current license until	2112
the new license is issued, unless the current license is revoked,	2113
refused to be renewed, or terminated in accordance with Chapter	2114
119. of the Revised Code.	2115

(L) A county board of mental retardation and developmental	2116
disabilities, the legal rights service, and any interested person	2117
may file complaints alleging violations of statute or department	2118
rule relating to residential facilities with the department. All	2119
complaints shall be in writing and shall state the facts	2120
constituting the basis of the allegation. The department shall not	2121
reveal the source of any complaint unless the complainant agrees	2122
in writing to waive the right to confidentiality or until so	2123
ordered by a court of competent jurisdiction.	2124

The department shall adopt rules in accordance with Chapter	2125
119. of the Revised Code establishing procedures for the receipt,	2126
referral, investigation, and disposition of complaints filed with	2127
the department under this division.	2128

(M) The department shall establish procedures for the	2129
notification of interested parties of the transfer or interim care	2130
of residents from residential facilities that are closing or are	2131
losing their license.	2132

(N) Before issuing a license under this section to a	2133
residential facility that will accommodate at any time more than	2134
one mentally retarded or developmentally disabled individual, the	2135
director shall, by first class mail, notify the following:	2136

(1) If the facility will be located in a municipal	2137
corporation, the clerk of the legislative authority of the	2138
municipal corporation;	2139

(2) If the facility will be located in unincorporated	2140
territory, the clerk of the appropriate board of county	2141
commissioners and the fiscal officer of the appropriate board of	2142
township trustees.	2143

The director shall not issue the license for ten days after	2144
mailing the notice, excluding Saturdays, Sundays, and legal	2145
holidays, in order to give the notified local officials time in	2146
which to comment on the proposed issuance.	2147

Any legislative authority of a municipal corporation, board	2148
of county commissioners, or board of township trustees that	2149
receives notice under this division of the proposed issuance of a	2150
license for a residential facility may comment on it in writing to	2151
the director within ten days after the director mailed the notice,	2152
excluding Saturdays, Sundays, and legal holidays. If the director	2153
receives written comments from any notified officials within the	2154
specified time, the director shall make written findings	2155
concerning the comments and the director's decision on the	2156
issuance of the license. If the director does not receive written	2157
comments from any notified local officials within the specified	2158
time, the director shall continue the process for issuance of the	2159
license.	2160

(O) Any person may operate a licensed residential facility	2161
that provides room and board, personal care, habilitation	2162
services, and supervision in a family setting for at least six but	2163
not more than eight persons with mental retardation or a	2164
developmental disability as a permitted use in any residential	2165
district or zone, including any single-family residential district	2166
or zone, of any political subdivision. These residential	2167
facilities may be required to comply with area, height, yard, and	2168
architectural compatibility requirements that are uniformly	2169
imposed upon all single-family residences within the district or	2170
zone.	2171

(P) Any person may operate a licensed residential facility	2172
that provides room and board, personal care, habilitation	2173
services, and supervision in a family setting for at least nine	2174
but not more than sixteen persons with mental retardation or a	2175
developmental disability as a permitted use in any multiple-family	2176
residential district or zone of any political subdivision, except	2177
that a political subdivision that has enacted a zoning ordinance	2178
or resolution establishing planned unit development districts may	2179
exclude these residential facilities from those districts, and a	2180
political subdivision that has enacted a zoning ordinance or	2181
resolution may regulate these residential facilities in	2182
multiple-family residential districts or zones as a conditionally	2183
permitted use or special exception, in either case, under	2184
reasonable and specific standards and conditions set out in the	2185
zoning ordinance or resolution to:	2186

(1) Require the architectural design and site layout of the	2187
residential facility and the location, nature, and height of any	2188
walls, screens, and fences to be compatible with adjoining land	2189
uses and the residential character of the neighborhood;	2190

(2) Require compliance with yard, parking, and sign	2191
regulation;	2192

(3) Limit excessive concentration of these residential	2193
facilities.	2194

(Q) This section does not prohibit a political subdivision	2195
from applying to residential facilities nondiscriminatory	2196
regulations requiring compliance with health, fire, and safety	2197
regulations and building standards and regulations.	2198

(R) Divisions (O) and (P) of this section are not applicable	2199
to municipal corporations that had in effect on June 15, 1977, an	2200
ordinance specifically permitting in residential zones licensed	2201
residential facilities by means of permitted uses, conditional	2202
uses, or special exception, so long as such ordinance remains in	2203
effect without any substantive modification.	2204

(S)(1) The director may issue an interim license to operate a	2205
residential facility to an applicant for a license under this	2206
section if either of the following is the case:	2207

(a) The director determines that an emergency exists	2208
requiring immediate placement of persons in a residential	2209
facility, that insufficient licensed beds are available, and that	2210
the residential facility is likely to receive a permanent license	2211
under this section within thirty days after issuance of the	2212
interim license.	2213

(b) The director determines that the issuance of an interim	2214
license is necessary to meet a temporary need for a residential	2215
facility.	2216

(2) To be eligible to receive an interim license, an	2217
applicant must meet the same criteria that must be met to receive	2218
a permanent license under this section, except for any differing	2219
procedures and time frames that may apply to issuance of a	2220
permanent license.	2221

(3) An interim license shall be valid for thirty days and may	2222
be renewed by the director for a period not to exceed one hundred	2223
fifty days.	2224

(4) The director shall adopt rules in accordance with Chapter	2225
119. of the Revised Code as the director considers necessary to	2226
administer the issuance of interim licenses.	2227

(T) Notwithstanding rules adopted pursuant to this section	2228
establishing the maximum number of persons who may be served in a	2229
particular type of residential facility, a residential facility	2230
shall be permitted to serve the same number of persons being	2231
served by the facility on the effective date of the rules or the	2232
number of persons for which the facility is authorized pursuant to	2233
a current application for a certificate of need with a letter of	2234
support from the department of mental retardation and	2235
developmental disabilities and which is in the review process	2236
prior to April 4, 1986.	2237

(U) The director or the director's designee may enter at any	2238
time, for purposes of investigation, any home, facility, or other	2239
structure that has been reported to the director or that the	2240
director has reasonable cause to believe is being operated as a	2241
residential facility without a license issued under this section.	2242

The director may petition the court of common pleas of the	2243
county in which an unlicensed residential facility is located for	2244
an order enjoining the person or governmental agency operating the	2245
facility from continuing to operate without a license. The court	2246
may grant the injunction on a showing that the person or	2247
governmental agency named in the petition is operating a	2248
residential facility without a license. The court may grant the	2249
injunction, regardless of whether the residential facility meets	2250
the requirements for receiving a license under this section.	2251

Sec. 5123.199.  No person or government entity operating a	2252
residential facility shall fail to comply with the distribution	2253
requirement established under division (B) of section 2950.112 of	2254
the Revised Code with respect to a notice received pursuant to	2255
division (A)(11) of section 2950.11 of the Revised Code.	2256

Sec. 5123.1910.  (A) As used in this section, "sponsor" means	2257
an adult relative, friend, or guardian who has responsibility for	2258
the welfare of a resident of an adult care facility.	2259

(B) Before admitting an individual from another state to a	2260
residential facility, the person or government entity operating	2261
the facility shall require the individual to certify on a written	2262
form whether the individual was imprisoned for a felony any time	2263
during the twelve-month period preceding the date the individual's	2264
application for admission is submitted to the residential	2265
facility. If the individual certifies that the individual was	2266
imprisoned for a felony, the person or government entity operating	2267
the facility shall distribute copies of the written form to the	2268
facility's residents and their sponsors. The distribution shall be	2269
made not later than the date of the individual's admission to the	2270
facility.	2271

(C) No person or government entity operating a residential	2272
facility shall fail to comply with the distribution requirement	2273
established under division (B) of this section.	2274

(D) No person or government entity operating a residential	2275
facility shall discharge without just cause, refuse to hire, or	2276
otherwise discriminate against any employee of the residential	2277
facility with respect to hire, tenure, terms, conditions, or	2278
privileges of employment because that employee reports in good	2279
faith the residential facility's failure to comply with this	2280
section.	2281

(E) An employee of a residential facility is not liable in	2282
damages in a civil action for injury, death, or loss to person or	2283
property for reporting in good faith the residential facility's	2284
failure to comply with this section.	2285

Sec. 5123.99.  (A) Whoever violates section 5123.16 or	2286
5123.20 of the Revised Code is guilty of a misdemeanor of the	2287
first degree.	2288

(B) Whoever violates division (C), (E), or (G)(3) of section	2289
5123.61 of the Revised Code is guilty of a misdemeanor of the	2290
fourth degree or, if the abuse or neglect constitutes a felony, a	2291
misdemeanor of the second degree. In addition to any other	2292
sanction or penalty authorized or required by law, if a person who	2293
is convicted of or pleads guilty to a violation of division (C),	2294
(E), or (G)(3) of section 5123.61 of the Revised Code is an MR/DD	2295
employee, as defined in section 5123.50 of the Revised Code, the	2296
offender shall be eligible to be included in the registry	2297
regarding misappropriation, abuse, neglect, or other specified	2298
misconduct by MR/DD employees established under section 5123.52 of	2299
the Revised Code.	2300

(C) Whoever violates division (A) of section 5123.604 of the	2301
Revised Code is guilty of a misdemeanor of the second degree.	2302

(D) Whoever violates division (B) of section 5123.604 of the	2303
Revised Code shall be fined not more than one thousand dollars.	2304
Each violation constitutes a separate offense.	2305

(E) Whoever violates section 5123.199 or division (C) of	2306
section 5123.1910 of the Revised Code shall be subject to a fine	2307
of one hundred dollars for each day of violation. Each violation	2308
constitutes a separate offense. Fines imposed under this division	2309
shall be deposited to the credit of the general revenue fund and	2310
shall be used solely for purposes of the adult protective services	2311
provided under sections 5101.60 to 5101.71 of the Revised Code.	2312

Section 2.  That existing sections 2950.01, 2950.11, 2950.13,	2313
3721.99, 3722.06, 3722.08, 3722.99, 5119.22, 5119.99, 5123.19, and	2314
5123.99 of the Revised Code are hereby repealed.	2315