| (1) If the public is provided adequate notice and information | 22 |
|
about offenders and delinquent children who commit sexually | 23 |
|
oriented offenses or who commit child-victim oriented offenses, | 24 |
|
members of the public and communities can develop constructive | 25 |
|
plans to prepare themselves and their children for the offender's | 26 |
|
or delinquent child's release from imprisonment, a prison term, or | 27 |
|
other confinement or detention. This allows members of the public | 28 |
|
and communities to meet with members of law enforcement agencies | 29 |
|
to prepare and obtain information about the rights and | 30 |
|
responsibilities of the public and the communities and to provide | 31 |
|
education and counseling to their children. | 32 |
| (B) The general assembly hereby declares that, in providing | 60 |
|
in this chapter for registration regarding offenders and certain | 61 |
|
delinquent children who have committed sexually oriented offenses | 62 |
|
or who have committed child-victim oriented offenses, for a | 63 |
|
limited restriction on the locales at which offenders who have | 64 |
|
committed any such offenses may reside, and for community | 65 |
|
notification regarding tier III sex offenders/child-victim | 66 |
|
offenders who are criminal offenders, public registry-qualified | 67 |
|
juvenile offender registrants, and certain other juvenile offender | 68 |
|
registrants who are about to be or have been released from | 69 |
|
imprisonment, a prison term, or other confinement or detention and | 70 |
|
who will live in or near a particular neighborhood or who | 71 |
|
otherwise will live in or near a particular neighborhood, it is | 72 |
|
the general assembly's intent to protect the safety and general | 73 |
|
welfare of the people of this state. The general assembly further | 74 |
|
declares that it is the policy of this state to require the | 75 |
|
exchange in accordance with this chapter of relevant information | 76 |
|
about sex offenders and child-victim offenders among public | 77 |
agencies and officials and, to authorize the release in accordance | 78 |
|
with this chapter of necessary and relevant information about sex | 79 |
|
offenders and child-victim offenders to members of the general | 80 |
|
public as a means of assuring public protection, and to provide a | 81 |
|
limited residency restriction and other safeguards under this | 82 |
|
chapter from the potential acts of sex offenders and child-victim | 83 |
|
offenders, and that the exchange or release of that information | 84 |
is, and the residency restriction and other safeguards, are not | 85 |
|
punitive. | 86 |
Sec. 2950.034. (A) NoRegardless of whether the person | 87 |
|
committed the offense prior to, on, or after the effective date of | 88 |
|
this amendment, no person who has been convicted of, is convicted | 89 |
|
of, has pleaded guilty to, or pleads guilty to a sexually | 90 |
|
oriented offense or a child-victim oriented offense shall | 91 |
establishdo any of the following: | 92 |
(1) Establish a residence or occupy residential premises | 93 |
within one thousand feet of any school premises or, provided that | 94 |
|
this prohibition does not apply to a person who establishes a | 95 |
|
residence by occupying residential premises within one thousand | 96 |
|
feet of school premises if the person or the person's spouse is | 97 |
|
the owner of record of those residential premises at the time of | 98 |
|
the occupancy and also was the owner of record of those | 99 |
|
residential premises prior to July 31, 2003; | 100 |
| (2) Establish a residence within one thousand feet of any | 101 |
|
preschool or child day-care center premises, provided that this | 102 |
|
prohibition does not apply to a person who establishes a residence | 103 |
|
by occupying residential premises within one thousand feet of | 104 |
|
preschool or child day-care center premises if the person or the | 105 |
|
person's spouse is the owner of record of those residential | 106 |
|
premises at the time of the occupancy and also was the owner of | 107 |
|
record of those residential premises prior to July 1, 2007; | 108 |
| (3) Regardless of whether the occupancy began prior to, on, | 109 |
|
or after the effective date of this amendment, occupy residential | 110 |
|
premises within one thousand feet of any school premises, provided | 111 |
|
that this prohibition does not apply to a person who occupies | 112 |
|
residential premises within one thousand feet of school premises | 113 |
|
if the person or the person's spouse is the owner of record of | 114 |
|
those residential premises at the time of the occupancy and also | 115 |
|
was the owner of record of those residential premises prior to | 116 |
|
July 31, 2003; | 117 |
| (4) Regardless of whether the occupancy began prior to, on, | 118 |
|
or after the effective date of this amendment, occupy residential | 119 |
|
premises within one thousand feet of any preschool or child | 120 |
|
day-care center premises, provided that this prohibition does not | 121 |
|
apply to a person who occupies residential premises within one | 122 |
|
thousand feet of preschool or child day-care center premises if | 123 |
|
the person or the person's spouse is the owner of record of those | 124 |
|
residential premises at the time of the occupancy and also was the | 125 |
|
owner of record of those residential premises prior to July 1, | 126 |
|
2007. | 127 |
| (B) If a person to whom division (A) of this section applies | 128 |
|
violates division (A) of this section by establishing a residence | 129 |
|
or occupying residential premises within one thousand feet of any | 130 |
|
school premises or any preschool or child day-care center | 131 |
|
premises, an owner or lessee of real property that is located | 132 |
|
within one thousand feet of those school premises or preschool or | 133 |
|
child day-care center premises, or the prosecuting attorney, | 134 |
|
village solicitor, city or township director of law, similar chief | 135 |
|
legal officer of a municipal corporation or township, or official | 136 |
|
designated as a prosecutor in a municipal corporation that has | 137 |
|
jurisdiction over the place at which the person establishes the | 138 |
|
residence or occupies the residential premises in question, has a | 139 |
|
cause of action for injunctive relief against the person. The | 140 |
|
plaintiff shall not be required to prove irreparable harm in order | 141 |
|
to obtain the relief. | 142 |
| (2) "Preschool" means any public or private institution or | 146 |
|
center that provides early childhood instructional or educational | 147 |
|
services to children who are at least three years of age but less | 148 |
|
than six years of age and who are not enrolled in or are not | 149 |
|
eligible to be enrolled in kindergarten, whether or not those | 150 |
|
services are provided in a child day-care setting. "Preschool" | 151 |
|
does not include any place that is the permanent residence of the | 152 |
|
person who is providing the early childhood instructional or | 153 |
|
educational services to the children described in this division. | 154 |
| (c) Any grounds, play areas, and other facilities of a | 168 |
|
preschool or child day-care center that are regularly used by the | 169 |
|
children served by the preschool or child day-care center if the | 170 |
|
grounds, play areas, or other facilities have signage that | 171 |
|
indicates that they are regularly used by children served by the | 172 |
|
preschool or child day-care center, is clearly visible and | 173 |
|
discernable without obstruction, and meets any local zoning | 174 |
|
ordinances which may apply. | 175 |
| Sec. 2950.04. (A)(1)(a) Immediately after a sentencing | 176 |
|
hearing is held on or after January 1, 2008, for an offender who | 177 |
|
is convicted of or pleads guilty to a sexually oriented offense | 178 |
|
and is sentenced to a prison term, a term of imprisonment, or any | 179 |
|
other type of confinement and before the offender is transferred | 180 |
|
to the custody of the department of rehabilitation and correction | 181 |
|
or to the official in charge of the jail, workhouse, state | 182 |
|
correctional institution, or other institution where the offender | 183 |
|
will be confined, the offender shall register personally with the | 184 |
|
sheriff, or the sheriff's designee, of the county in which the | 185 |
|
offender was convicted of or pleaded guilty to the sexually | 186 |
|
oriented offense. | 187 |
| (b) Immediately after a dispositional hearing is held on or | 188 |
|
after January 1, 2008, for a child who is adjudicated a delinquent | 189 |
|
child for committing a sexually oriented offense, is classified a | 190 |
|
juvenile offender registrant based on that adjudication, and is | 191 |
|
committed to the custody of the department of youth services or to | 192 |
|
a secure facility that is not operated by the department and | 193 |
|
before the child is transferred to the custody of the department | 194 |
|
of youth services or the secure facility to which the delinquent | 195 |
|
child is committed, the delinquent child shall register personally | 196 |
|
with the sheriff, or the sheriff's designee, of the county in | 197 |
|
which the delinquent child was classified a juvenile offender | 198 |
|
registrant based on that sexually oriented offense. | 199 |
| (c) A law enforcement officer shall be present at the | 200 |
|
sentencing hearing or dispositional hearing described in division | 201 |
|
(A)(1)(a) or (b) of this section to immediately transport the | 202 |
|
offender or delinquent child who is the subject of the hearing to | 203 |
|
the sheriff, or the sheriff's designee, of the county in which the | 204 |
|
offender or delinquent child is convicted, pleads guilty, or is | 205 |
|
adjudicated a delinquent child. | 206 |
| (d) After an offender who has registered pursuant to division | 207 |
|
(A)(1)(a) of this section is released from a prison term, a term | 208 |
|
of imprisonment, or any other type of confinement, the offender | 209 |
|
shall register as provided in division (A)(2) of this section. | 210 |
|
After a delinquent child who has registered pursuant to division | 211 |
|
(A)(1)(b) of this section is released from the custody of the | 212 |
|
department of youth services or from a secure facility that is not | 213 |
|
operated by the department, the delinquent child shall register as | 214 |
|
provided in division (A)(3) of this section. | 215 |
| (2) Regardless of when the sexually oriented offense was | 216 |
|
committed, each offender who is convicted of, pleads guilty to, | 217 |
|
has been convicted of, or has pleaded guilty to a sexually | 218 |
|
oriented offense shall comply with the following registration | 219 |
|
requirements described in divisions (A)(2)(a), (b), (c), (d), and | 220 |
|
(e) of this section: | 221 |
| (e) The offender shall register with the sheriff, or the | 244 |
|
sheriff's designee, or other appropriate person of the other state | 245 |
|
immediately upon entering into any state other than this state in | 246 |
|
which the offender attends a school or institution of higher | 247 |
|
education on a full-time or part-time basis or upon being employed | 248 |
|
in any state other than this state for more than three days or | 249 |
|
for an aggregate period of fourteen or more days in that calendar | 250 |
|
year regardless of whether the offender resides or has a temporary | 251 |
|
domicile in this state, the other state, or a different state. | 252 |
(3)(a)
EachRegardless of when the sexually oriented offense | 253 |
|
was committed, each child who is adjudicated a delinquent child | 254 |
|
for committing a sexually oriented offense and who is classified a | 255 |
|
juvenile offender registrant based on that adjudication shall | 256 |
|
register personally with the sheriff, or the sheriff's designee, | 257 |
|
of the county within three days of the delinquent child's coming | 258 |
|
into a county in which the delinquent child resides or temporarily | 259 |
|
is domiciled for more than three days. | 260 |
| (iii) The public registry-qualified juvenile offender | 279 |
|
registrant shall register personally with the sheriff, or the | 280 |
|
sheriff's designee, of the county in which the registrant then is | 281 |
|
employed if the registrant does not reside or have a temporary | 282 |
|
domicile in this state and has been employed at any location or | 283 |
|
locations in this state more than three days or for an aggregate | 284 |
|
period of fourteen or more days in that calendar year. | 285 |
| (iv) The public registry-qualified juvenile offender | 286 |
|
registrant shall register with the sheriff, or the sheriff's | 287 |
|
designee, or other appropriate person of the other state | 288 |
|
immediately upon entering into any state other than this state in | 289 |
|
which the registrant attends a school or institution of higher | 290 |
|
education on a full-time or part-time basis or upon being employed | 291 |
|
in any state other than this state for more than three days or for | 292 |
|
an aggregate period of fourteen or more days in that calendar year | 293 |
|
regardless of whether the registrant resides or has a temporary | 294 |
|
domicile in this state, the other state, or a different state. | 295 |
| (c) If the delinquent child is committed for the sexually | 296 |
|
oriented offense to the department of youth services or to a | 297 |
|
secure facility that is not operated by the department, this duty | 298 |
|
begins when the delinquent child is discharged or released in any | 299 |
|
manner from custody in a department of youth services secure | 300 |
|
facility or from the secure facility that is not operated by the | 301 |
|
department if pursuant to the discharge or release the delinquent | 302 |
|
child is not committed to any other secure facility of the | 303 |
|
department or any other secure facility. | 304 |
| (4) Regardless of when the sexually oriented offense was | 305 |
|
committed, each person who is convicted, pleads guilty, or is | 306 |
|
adjudicated a delinquent child in a court in another state, in a | 307 |
|
federal court, military court, or Indian tribal court, or in a | 308 |
|
court in any nation other than the United States for committing a | 309 |
|
sexually oriented offense shall comply with the following | 310 |
|
registration requirements if, at the time the offender or | 311 |
|
delinquent child moves to and resides in this state or temporarily | 312 |
|
is domiciled in this state for more than three days, the offender | 313 |
|
or public registry-qualified juvenile offender registrant enters | 314 |
|
this state to attend a school or institution of higher education, | 315 |
|
or the offender or public registry-qualified juvenile offender | 316 |
|
registrant is employed in this state for more than the specified | 317 |
|
period of time, the offender or delinquent child has a duty to | 318 |
|
register as a sex offender or child-victim offender under the law | 319 |
|
of that other jurisdiction as a result of the conviction, guilty | 320 |
|
plea, or adjudication: | 321 |
| (b) Each offender or public registry-qualified juvenile | 327 |
|
offender registrant shall register personally with the sheriff, or | 328 |
|
the sheriff's designee, of the county immediately upon coming into | 329 |
|
a county in which the offender or public registry-qualified | 330 |
|
juvenile offender registrant attends a school or institution of | 331 |
|
higher education on a full-time or part-time basis regardless of | 332 |
|
whether the offender or public registry-qualified juvenile | 333 |
|
offender registrant resides or has a temporary domicile in this | 334 |
|
state or another state. | 335 |
| (c) Each offender or public registry-qualified juvenile | 336 |
|
offender registrant shall register personally with the sheriff, or | 337 |
|
the sheriff's designee, of the county in which the offender or | 338 |
|
public registry-qualified juvenile offender registrant is employed | 339 |
|
if the offender resides or has a temporary domicile in this state | 340 |
|
and has been employed in that county for more than three days or | 341 |
|
for an aggregate period of fourteen days or more in that calendar | 342 |
|
year. | 343 |
| (d) Each offender or public registry-qualified juvenile | 344 |
|
offender registrant shall register personally with the sheriff, or | 345 |
|
the sheriff's designee, of the county in which the offender or | 346 |
|
public registry-qualified juvenile offender registrant then is | 347 |
|
employed if the offender or public registry-qualified juvenile | 348 |
|
offender registrant does not reside or have a temporary domicile | 349 |
|
in this state and has been employed at any location or locations | 350 |
|
in this state for more than three days or for an aggregate period | 351 |
|
of fourteen or more days in that calendar year. | 352 |
| (5) An offender or a delinquent child who is a public | 353 |
|
registry-qualified juvenile offender registrant is not required to | 354 |
|
register under division (A)(2), (3), or (4) of this section if a | 355 |
|
court issues an order terminating the offender's or delinquent | 356 |
|
child's duty to comply with sections 2950.04, 2950.041, 2950.05, | 357 |
|
and 2950.06 of the Revised Code pursuant to section 2950.15 of the | 358 |
|
Revised Code. A delinquent child who is a juvenile offender | 359 |
|
registrant but is not a public registry-qualified juvenile | 360 |
|
offender registrant is not required to register under any of those | 361 |
|
divisions if a juvenile court issues an order declassifying the | 362 |
|
delinquent child as a juvenile offender registrant pursuant to | 363 |
|
section 2152.84 or 2152.85 of the Revised Code. | 364 |
| (B) An offender or delinquent child who is required by | 365 |
|
division (A) of this section to register in this state personally | 366 |
|
shall obtain from the sheriff or from a designee of the sheriff a | 367 |
|
registration form that conforms to division (C) of this section, | 368 |
|
shall complete and sign the form, and shall return the completed | 369 |
|
form together with the offender's or delinquent child's | 370 |
|
photograph, copies of travel and immigration documents, and any | 371 |
|
other required material to the sheriff or the designee. The | 372 |
|
sheriff or designee shall sign the form and indicate on the form | 373 |
|
the date on which it is so returned. The registration required | 374 |
|
under this division is complete when the offender or delinquent | 375 |
|
child returns the form, containing the requisite information, | 376 |
|
photograph, other required material, signatures, and date, to the | 377 |
|
sheriff or designee. | 378 |
| (3) Regarding an offender or delinquent child who is | 388 |
|
registering under a duty imposed under division (A)(1) of this | 389 |
|
section, a statement that the offender is serving a prison term, | 390 |
|
term of imprisonment, or any other type of confinement or a | 391 |
|
statement that the delinquent child is in the custody of the | 392 |
|
department of youth services or is confined in a secure facility | 393 |
|
that is not operated by the department; | 394 |
| (4) Regarding an offender or delinquent child who is | 395 |
|
registering under a duty imposed under division (A)(2), (3), or | 396 |
|
(4) of this section as a result of the offender or delinquent | 397 |
|
child residing in this state or temporarily being domiciled in | 398 |
|
this state for more than three days, the current residence address | 399 |
|
of the offender or delinquent child who is registering, the name | 400 |
|
and address of the offender's or delinquent child's employer if | 401 |
|
the offender or delinquent child is employed at the time of | 402 |
|
registration or if the offender or delinquent child knows at the | 403 |
|
time of registration that the offender or delinquent child will be | 404 |
|
commencing employment with that employer subsequent to | 405 |
|
registration, any other employment information, such as the | 406 |
|
general area where the offender or delinquent child is employed, | 407 |
|
if the offender or delinquent child is employed in many locations, | 408 |
|
and the name and address of the offender's or public | 409 |
|
registry-qualified juvenile offender registrant's school or | 410 |
|
institution of higher education if the offender or public | 411 |
|
registry-qualified juvenile offender registrant attends one at the | 412 |
|
time of registration or if the offender or public | 413 |
|
registry-qualified juvenile offender registrant knows at the time | 414 |
|
of registration that the offender or public registry-qualified | 415 |
|
juvenile offender registrant will be commencing attendance at that | 416 |
|
school or institution subsequent to registration; | 417 |
| (5) Regarding an offender or public registry-qualified | 418 |
|
juvenile offender registrant who is registering under a duty | 419 |
|
imposed under division (A)(2), (3), or (4) of this section as a | 420 |
|
result of the offender or public registry-qualified juvenile | 421 |
|
offender registrant attending a school or institution of higher | 422 |
|
education in this state on a full-time or part-time basis or being | 423 |
|
employed in this state or in a particular county in this state, | 424 |
|
whichever is applicable, for more than three days or for an | 425 |
|
aggregate of fourteen or more days in any calendar year, the name | 426 |
|
and current address of the school, institution of higher | 427 |
|
education, or place of employment of the offender or public | 428 |
|
registry-qualified juvenile offender registrant who is | 429 |
|
registering, including any other employment information, such as | 430 |
|
the general area where the offender or public registry-qualified | 431 |
|
juvenile offender registrant is employed, if the offender or | 432 |
|
public registry-qualified juvenile offender registrant is employed | 433 |
|
in many locations; | 434 |
| (6) The identification license plate number of each vehicle | 435 |
|
the offender or delinquent child owns, of each vehicle registered | 436 |
|
in the offender's or delinquent child's name, of each vehicle the | 437 |
|
offender or delinquent child operates as a part of employment, and | 438 |
|
of each other vehicle that is regularly available to be operated | 439 |
|
by the offender or delinquent child; a description of where each | 440 |
|
vehicle is habitually parked, stored, docked, or otherwise kept; | 441 |
|
and, if required by the bureau of criminal identification and | 442 |
|
investigation, a photograph of each of those vehicles; | 443 |
| (7) If the offender or delinquent child has a driver's or | 444 |
|
commercial driver's license or permit issued by this state or any | 445 |
|
other state or a state identification card issued under section | 446 |
|
4507.50 or 4507.51 of the Revised Code or a comparable | 447 |
|
identification card issued by another state, the driver's license | 448 |
|
number, commercial driver's license number, or state | 449 |
|
identification card number; | 450 |
| (8) If the offender or delinquent child was convicted of, | 451 |
|
pleaded guilty to, or was adjudicated a delinquent child for | 452 |
|
committing the sexually oriented offense resulting in the | 453 |
|
registration duty in a court in another state, in a federal court, | 454 |
|
military court, or Indian tribal court, or in a court in any | 455 |
|
nation other than the United States, a DNA specimen, as defined in | 456 |
|
section 109.573 of the Revised Code, from the offender or | 457 |
|
delinquent child, a citation for, and the name of, the sexually | 458 |
|
oriented offense resulting in the registration duty, and a | 459 |
|
certified copy of a document that describes the text of that | 460 |
|
sexually oriented offense; | 461 |
| (D) After an offender or delinquent child registers with a | 470 |
|
sheriff, or the sheriff's designee, pursuant to this section, the | 471 |
|
sheriff, or the sheriff's designee, shall forward the signed, | 472 |
|
written registration form, photograph, and other material to the | 473 |
|
bureau of criminal identification and investigation in accordance | 474 |
|
with the forwarding procedures adopted pursuant to section 2950.13 | 475 |
|
of the Revised Code. If an offender registers a school, | 476 |
|
institution of higher education, or place of employment address, | 477 |
|
or provides a school or institution of higher education address | 478 |
|
under division (C)(4) of this section, the sheriff also shall | 479 |
|
provide notice to the law enforcement agency with jurisdiction | 480 |
|
over the premises of the school, institution of higher education, | 481 |
|
or place of employment of the offender's name and that the | 482 |
|
offender has registered that address as a place at which the | 483 |
|
offender attends school or an institution of higher education or | 484 |
|
at which the offender is employed. The bureau shall include the | 485 |
|
information and materials forwarded to it under this division in | 486 |
|
the state registry of sex offenders and child-victim offenders | 487 |
|
established and maintained under section 2950.13 of the Revised | 488 |
|
Code. | 489 |
| (G) If an offender or delinquent child who is required by | 501 |
|
division (A) of this section to register is a tier III sex | 502 |
|
offender/child-victim offender, the offender or delinquent child | 503 |
|
also shall send the sheriff, or the sheriff's designee, of the | 504 |
|
county in which the offender or delinquent child intends to reside | 505 |
|
written notice of the offender's or delinquent child's intent to | 506 |
|
reside in the county. The offender or delinquent child shall send | 507 |
|
the notice of intent to reside at least twenty days prior to the | 508 |
|
date the offender or delinquent child begins to reside in the | 509 |
|
county. The notice of intent to reside shall contain the following | 510 |
|
information: | 511 |
| (H) If, immediately prior to January 1, 2008, an offender or | 518 |
|
delinquent child who was convicted of, pleaded guilty to, or was | 519 |
|
adjudicated a delinquent child for committing a sexually oriented | 520 |
|
offense or a child-victim oriented offense as those terms were | 521 |
|
defined in section 2950.01 of the Revised Code prior to January 1, | 522 |
|
2008, was required by division (A) of this section or section | 523 |
|
2950.041 of the Revised Code to register and if, on or after | 524 |
|
January 1, 2008, that offense is a sexually oriented offense as | 525 |
|
that term is defined in section 2950.01 of the Revised Code on and | 526 |
|
after January 1, 2008, the duty to register that is imposed | 527 |
|
pursuant to this section on and after January 1, 2008, shall be | 528 |
|
considered, for purposes of section 2950.07 of the Revised Code | 529 |
|
and for all other purposes, to be a continuation of the duty | 530 |
|
imposed upon the offender or delinquent child prior to January 1, | 531 |
|
2008, under this section or section 2950.041 of the Revised Code. | 532 |