(A) Regardless of when the sexually oriented offense or child-victim
oriented offense was committed, if a person is convicted of, pleads guilty
to, has been convicted of, or has pleaded guilty to a sexually oriented
offense or a child-victim oriented offense or a person is or has been
adjudicated a delinquent child for committing a sexually oriented offense
or a child-victim oriented offense and is classified a juvenile offender
registrant or is an out-of-state juvenile offender registrant based on
that adjudication, and if the offender or delinquent child is in any
category specified in division (F)(1)(a), (b), or (c) of this section, the
sheriff with whom the offender or delinquent child has most recently
registered under section 2950.04, 2950.041, or 2950.05 of the Revised Code
and the sheriff to whom the offender or delinquent child most recently
sent a notice of intent to reside under section 2950.04 or 2950.041 of the
Revised Code, within the period of time specified in division (C) of this
section, shall provide a written notice containing the information set
forth in division (B) of this section to all of the persons described in
divisions (A)(1) to (10) of this section. If the sheriff has sent a notice
to the persons described in those divisions as a result of receiving a
notice of intent to reside and if the offender or delinquent child
registers a residence address that is the same residence address described
in the notice of intent to reside, the sheriff is not required to send an
additional notice when the offender or delinquent child registers. The
sheriff shall provide the notice to all of the following persons:
(1)(a)
Any occupant of each residential unit that is located within one thousand
feet of the offender’s or delinquent child’s residential premises, that is
located within the county served by the sheriff, and that is not located
in a multi-unit building. Division (D)(3) of this section applies
regarding notices required under this division.
(b) If the offender or delinquent child resides in a multi-unit
building, any occupant of each residential unit that is located in that
multi-unit building and that shares a common hallway with the offender or
delinquent child. For purposes of this division, an occupant’s unit shares
a common hallway with the offender or delinquent child if the entrance
door into the occupant’s unit is located on the same floor and opens into
the same hallway as the entrance door to the unit the offender or
delinquent child occupies. Division (D)(3) of this section applies
regarding notices required under this division.
(c) The building manager, or the person the building owner or
condominium unit owners association authorizes to exercise management and
control, of each multi-unit building that is located within one thousand
feet of the offender’s or delinquent child’s residential premises,
including a multi-unit building in which the offender or delinquent child
resides, and that is located within the county served by the sheriff. In
addition to notifying the building manager or the person authorized to
exercise management and control in the multi-unit building under this
division, the sheriff shall post a copy of the notice prominently in each
common entryway in the building and any other location in the building the
sheriff determines appropriate. The manager or person exercising
management and control of the building shall permit the sheriff to post
copies of the notice under this division as the sheriff determines
appropriate. In lieu of posting copies of the notice as described in this
division, a sheriff may provide notice to all occupants of the multi-unit
building by mail or personal contact; if the sheriff so notifies all the
occupants, the sheriff is not required to post copies of the notice in the
common entryways to the building. Division (D)(3) of this section applies
regarding notices required under this division.
(d) All additional persons who are within any category of neighbors of
the offender or delinquent child that the attorney general by rule adopted
under section 2950.13 of the Revised Code requires to be provided the
notice and who reside within the county served by the sheriff;
(2) The executive director of the public children services agency that
has jurisdiction within the specified geographical notification area and
that is located within the county served by the sheriff;
(3)(a) The superintendent of each board of education of a school
district that has schools within the specified geographical notification
area and that is located within the county served by the sheriff;
(b) The principal of the school within the specified geographical
notification area and within the county served by the sheriff that the
delinquent child attends;
(c) If the delinquent child attends a school outside of the specified
geographical notification area or outside of the school district where the
delinquent child resides, the superintendent of the board of education of
a school district that governs the school that the delinquent child
attends and the principal of the school that the delinquent child attends.
(4)(a) The appointing or hiring officer of each chartered nonpublic
school located within the specified geographical notification area and
within the county served by the sheriff or of each other school located
within the specified geographical notification area and within the county
served by the sheriff and that is not operated by a board of education
described in division (A)(3) of this section;
(b) Regardless of the location of the school, the appointing or hiring
officer of a chartered nonpublic school that the delinquent child attends.
(5) The director, head teacher, elementary principal, or site
administrator of each preschool program governed by Chapter 3301. of the
Revised Code that is located within the specified geographical
notification area and within the county served by the sheriff;
(6) The administrator of each child day-care center or type A family
day-care home that is located within the specified geographical
notification area and within the county served by the sheriff, and the
provider of each certified type B family day-care home that is located
within the specified geographical notification area and within the county
served by the sheriff. As used in this division, “child day-care center,”
“type A family day-care home,” and “certified type B family day-care home”
have the same meanings as in section 5104.01 of the Revised Code.
(7) The president or other chief administrative officer of each
institution of higher education, as defined in section 2907.03 of the
Revised Code, that is located within the specified geographical
notification area and within the county served by the sheriff, and the
chief law enforcement officer of the state university law enforcement
agency or campus police department established under section 3345.04 or
1713.50 of the Revised Code, if any, that serves that institution;
(8) The sheriff of each county that includes any portion of the
specified geographical notification area;
(9) If the offender or delinquent child resides within the county
served by the sheriff, the chief of police, marshal, or other chief law
enforcement officer of the municipal corporation in which the offender or
delinquent child resides or, if the offender or delinquent child resides
in an unincorporated area, the constable or chief of the police department
or police district police force of the township in which the offender or
delinquent child resides;
(10) Volunteer organizations in which contact with minors or other
vulnerable individuals might occur or any organization, company, or
individual who requests notification as provided in division (J) of this
section.
(B) The notice required under division (A) of this section shall
include all of the following information regarding the subject offender or
delinquent child:
(1) The offender’s or delinquent child’s name;
(2) The address or addresses of the offender’s or public
registry-qualified juvenile offender registrant’s residence, school,
institution of higher education, or place of employment, as applicable, or
the residence address or addresses of a delinquent child who is not a
public registry-qualified juvenile offender registrant;
(3) The sexually oriented offense or child-victim oriented offense of
which the offender was convicted, to which the offender pleaded guilty, or
for which the child was adjudicated a delinquent child;
(4) A statement that identifies the category specified in division
(F)(1)(a), (b), or (c) of this section that includes the offender or
delinquent child and that subjects the offender or delinquent child to
this section;
(5) The offender’s or delinquent child’s photograph.
(C) If a sheriff with whom an offender or delinquent child registers
under section 2950.04, 2950.041, or 2950.05 of the Revised Code or to whom
the offender or delinquent child most recently sent a notice of intent to
reside under section 2950.04 or 2950.041 of the Revised Code is required
by division (A) of this section to provide notices regarding an offender
or delinquent child and if, pursuant to that requirement, the sheriff
provides a notice to a sheriff of one or more other counties in accordance
with division (A)(8) of this section, the sheriff of each of the other
counties who is provided notice under division (A)(8) of this section
shall provide the notices described in divisions (A)(1) to (7) and (A)(9)
and (10) of this section to each person or entity identified within those
divisions that is located within the specified geographical notification
area and within the county served by the sheriff in question.
(D)(1) A sheriff required by division (A) or (C) of this section to
provide notices regarding an offender or delinquent child shall provide
the notice to the neighbors that are described in division (A)(1) of this
section and the notices to law enforcement personnel that are described in
divisions (A)(8) and (9) of this section as soon as practicable, but no
later than five days after the offender sends the notice of intent to
reside to the sheriff and again no later than five days after the offender
or delinquent child registers with the sheriff or, if the sheriff is
required by division (C) of this section to provide the notices, no later
than five days after the sheriff is provided the notice described in
division (A)(8) of this section.
A sheriff required by division (A) or (C) of this section to provide
notices regarding an offender or delinquent child shall provide the
notices to all other specified persons that are described in divisions
(A)(2) to (7) and (A)(10) of this section as soon as practicable, but not
later than seven days after the offender or delinquent child registers
with the sheriff or, if the sheriff is required by division (C) of this
section to provide the notices, no later than five days after the sheriff
is provided the notice described in division (A)(8) of this section.
(2) If an offender or delinquent child in relation to whom division (A)
of this section applies verifies the offender’s or delinquent child’s
current residence, school, institution of higher education, or place of
employment address, as applicable, with a sheriff pursuant to section
2950.06 of the Revised Code, the sheriff may provide a written notice
containing the information set forth in division (B) of this section to
the persons identified in divisions (A)(1) to (10) of this section. If a
sheriff provides a notice pursuant to this division to the sheriff of one
or more other counties in accordance with division (A)(8) of this section,
the sheriff of each of the other counties who is provided the notice under
division (A)(8) of this section may provide, but is not required to
provide, a written notice containing the information set forth in division
(B) of this section to the persons identified in divisions (A)(1) to (7)
and (A)(9) and (10) of this section.
(3) A sheriff may provide notice under division (A)(1)(a) or (b) of
this section, and may provide notice under division (A)(1)(c) of this
section to a building manager or person authorized to exercise management
and control of a building, by mail, by personal contact, or by leaving the
notice at or under the entry door to a residential unit. For purposes of
divisions (A)(1)(a) and (b) of this section, and the portion of division
(A)(1)(c) of this section relating to the provision of notice to occupants
of a multi-unit building by mail or personal contact, the provision of one
written notice per unit is deemed as providing notice to all occupants of
that unit.
(E) All information that a sheriff possesses regarding an offender or
delinquent child who is in a category specified in division (F)(1)(a),
(b), or (c) of this section that is described in division (B) of this
section and that must be provided in a notice required under division (A)
or (C) of this section or that may be provided in a notice authorized
under division (D)(2) of this section is a public record that is open to
inspection under section 149.43 of the Revised Code.
The sheriff shall not cause to be publicly disseminated by means of the
internet any of the information described in this division that is
provided by a delinquent child unless that child is in a category
specified in division (F)(1)(a), (b), or (c) of this section.
(F)(1) Except as provided in division (F)(2) of this section, the
duties to provide the notices described in divisions (A) and (C) of this
section apply regarding any offender or delinquent child who is in any of
the following categories:
(a) The offender is a tier III sex
offender/child-victim offender, or the delinquent child is a public
registry-qualified juvenile offender registrant, and a juvenile court has
not removed pursuant to section 2950.15 of the Revised Code the delinquent
child’s duty to comply with sections 2950.04, 2950.041, 2950.05, and
2950.06 of the Revised Code.
(b) The delinquent child is a tier III sex
offender/child-victim offender who is not a public-registry qualified
juvenile offender registrant, the delinquent child was subjected to this
section prior to the effective date of this amendment as a sexual
predator, habitual sex offender, child-victim predator, or habitual
child-victim offender, as those terms were defined in section 2950.01 of
the Revised Code as it existed prior to the effective date of this
amendment, and a juvenile court has not removed pursuant to section
2152.84 or 2152.85 of the Revised Code the delinquent child’s duty to
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code.
(c) The delinquent child is a tier III sex
offender/child-victim offender who is not a public registry-qualified
juvenile offender registrant, the delinquent child was classified a
juvenile offender registrant on or after the effective date of this
amendment, the court has imposed a requirement under section 2152.82,
2152.83, or 2152.84 of the Revised Code subjecting the delinquent child to
this section, and a juvenile court has not removed pursuant to section
2152.84 or 2152.85 of the Revised Code the delinquent child’s duty to
comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code.
(2) The notification provisions of this section do not apply to a
person described in division (F)(1)(a), (b), or (c) of this section if a
court finds at a hearing after considering the factors described in this
division that the person would not be subject to the notification
provisions of this section that were in the version of this section that
existed immediately prior to the effective date of this amendment. In
making the determination of whether a person would have been subject to
the notification provisions under prior law as described in this division,
the court shall consider the following factors:
(a) The offender’s or delinquent child’s age;
(b) The offender’s or delinquent child’s prior criminal or delinquency
record regarding all offenses, including, but not limited to, all sexual
offenses;
(c) The age of the victim of the sexually oriented offense for which
sentence is to be imposed or the order of disposition is to be made;
(d) Whether the sexually oriented offense for which sentence is to be
imposed or the order of disposition is to be made involved multiple
victims;
(e) Whether the offender or delinquent child used drugs or alcohol to
impair the victim of the sexually oriented offense or to prevent the
victim from resisting;
(f) If the offender or delinquent child previously has been convicted
of or pleaded guilty to, or been adjudicated a delinquent child for
committing an act that if committed by an adult would be, a criminal
offense, whether the offender or delinquent child completed any sentence
or dispositional order imposed for the prior offense or act and, if the
prior offense or act was a sex offense or a sexually oriented offense,
whether the offender or delinquent child participated in available
programs for sexual offenders;
(g) Any mental illness or mental disability of the offender or
delinquent child;
(h) The nature of the offender’s or delinquent child’s sexual conduct,
sexual contact, or interaction in a sexual context with the victim of the
sexually oriented offense and whether the sexual conduct, sexual contact,
or interaction in a sexual context was part of a demonstrated pattern of
abuse;
(i) Whether the offender or delinquent child, during the commission of
the sexually oriented offense for which sentence is to be imposed or the
order of disposition is to be made, displayed cruelty or made one or more
threats of cruelty;
(j) Whether the offender or delinquent child would have been a habitual
sex offender or a habitual child victim offender under the definitions of
those terms set forth in section 2950.01 of the Revised Code as that
section existed prior to the effective date of this amendment;
(k) Any additional behavioral characteristics that contribute to the
offender’s or delinquent child’s conduct.
(G)(1) The department of job and family services shall compile,
maintain, and update in January and July of each year, a list of all
agencies, centers, or homes of a type described in division (A)(2) or (6)
of this section that contains the name of each agency, center, or home of
that type, the county in which it is located, its address and telephone
number, and the name of an administrative officer or employee of the
agency, center, or home.
(2) The department of education shall compile, maintain, and update in
January and July of each year, a list of all boards of education, schools,
or programs of a type described in division (A)(3), (4), or (5) of this
section that contains the name of each board of education, school, or
program of that type, the county in which it is located, its address and
telephone number, the name of the superintendent of the board or of an
administrative officer or employee of the school or program, and, in
relation to a board of education, the county or counties in which each of
its schools is located and the address of each such school.
(3) The Ohio board of regents shall compile, maintain, and update in
January and July of each year, a list of all institutions of a type
described in division (A)(7) of this section that contains the name of
each such institution, the county in which it is located, its address and
telephone number, and the name of its president or other chief
administrative officer.
(4) A sheriff required by division (A) or (C) of this section, or
authorized by division (D)(2) of this section, to provide notices
regarding an offender or delinquent child, or a designee of a sheriff of
that type, may request the department of job and family services,
department of education, or Ohio board of regents, by telephone, in
person, or by mail, to provide the sheriff or designee with the names,
addresses, and telephone numbers of the appropriate persons and entities
to whom the notices described in divisions (A)(2) to (7) of this section
are to be provided. Upon receipt of a request, the department or board
shall provide the requesting sheriff or designee with the names,
addresses, and telephone numbers of the appropriate persons and entities
to whom those notices are to be provided.
(H)(1) Upon the motion of the offender or the prosecuting attorney of
the county in which the offender was convicted of or pleaded guilty to the
sexually oriented offense or child-victim oriented offense for which the
offender is subject to community notification under this section, or upon
the motion of the sentencing judge or that judge’s successor in office,
the judge may schedule a hearing to determine whether the interests of
justice would be served by suspending the community notification
requirement under this section in relation to the offender. The judge may
dismiss the motion without a hearing but may not issue an order suspending
the community notification requirement without a hearing. At the hearing,
all parties are entitled to be heard, and the judge shall consider all of
the factors set forth in division (K) of this section. If, at the
conclusion of the hearing, the judge finds that the offender has proven by
clear and convincing evidence that the offender is unlikely to commit in
the future a sexually oriented offense or a child-victim oriented offense
and if the judge finds that suspending the community notification
requirement is in the interests of justice, the judge may suspend the
application of this section in relation to the offender. The order shall
contain both of these findings.
The judge promptly shall serve a copy of the order upon the sheriff
with whom the offender most recently registered under section 2950.04,
2950.041, or 2950.05 of the Revised Code and upon the bureau of criminal
identification and investigation.
An order suspending the community notification requirement does not
suspend or otherwise alter an offender’s duties to comply with sections
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code and does not
suspend the victim notification requirement under section 2950.10 of the
Revised Code.
(2) A prosecuting attorney, a sentencing judge or that judge’s
successor in office, and an offender who is subject to the community
notification requirement under this section may initially make a motion
under division (H)(1) of this section upon the expiration of twenty years
after the offender’s duty to comply with division (A)(2), (3), or (4) of
section 2950.04, division (A)(2), (3), or (4) of section 2950.041 and
sections 2950.05 and 2950.06 of the Revised Code begins in relation to the
offense for which the offender is subject to community notification. After
the initial making of a motion under division (H)(1) of this section,
thereafter, the prosecutor, judge, and offender may make a subsequent
motion under that division upon the expiration of five years after the
judge has entered an order denying the initial motion or the most recent
motion made under that division.
(3) The offender and the prosecuting attorney have the right to appeal
an order approving or denying a motion made under division (H)(1) of this
section.
(4) Divisions (H)(1) to (3) of this section do not apply to any of the
following types of offender:
(a) A person who is convicted of or pleads guilty to a violent sex
offense or designated homicide, assault, or kidnapping offense and who, in
relation to that offense, is adjudicated a sexually violent predator;
(b) A person who is convicted of or pleads guilty to a sexually
oriented offense that is a violation of division (A)(1)(b) of section
2907.02 of the Revised Code committed on or after January 2, 2007, and
either who is sentenced under section 2971.03 of the Revised Code or upon
whom a sentence of life without parole is imposed under division (B) of
section 2907.02 of the Revised Code;
(c) A person who is convicted of or pleads guilty to a sexually
oriented offense that is attempted rape committed on or after January 2,
2007, and who also is convicted of or pleads guilty to a specification of
the type described in section 2941.1418, 2941.1419, or 2941.1420 of the
Revised Code;
(d) A person who is convicted of or pleads guilty to an offense
described in division (B)(3)(a), (b), (c), or (d) of section 2971.03 of
the Revised Code and who is sentenced for that offense pursuant to that
division;
(e) An offender who is in a category specified in division (F)(1)(a),
(b), or (c) of this section and who, subsequent to being subjected to
community notification, has pleaded guilty to or been convicted of a
sexually oriented offense or child-victim oriented offense.
(I) If a person is convicted of, pleads guilty to, has been convicted
of, or has pleaded guilty to a sexually oriented offense or a child-victim
oriented offense or a person is or has been adjudicated a delinquent child
for committing a sexually oriented offense or a child-victim oriented
offense and is classified a juvenile offender registrant or is an
out-of-state juvenile offender registrant based on that adjudication, and
if the offender or delinquent child is not in any category specified in
division (F)(1)(a), (b), or (c) of this section, the sheriff with whom the
offender or delinquent child has most recently registered under section
2950.04, 2950.041, or 2950.05 of the Revised Code and the sheriff to whom
the offender or delinquent child most recently sent a notice of intent to
reside under section 2950.04 or 2950.041 of the Revised Code, within the
period of time specified in division (D) of this section, shall provide a
written notice containing the information set forth in division (B) of
this section to the executive director of the public children services
agency that has jurisdiction within the specified geographical
notification area and that is located within the county served by the
sheriff.
(J) Each sheriff shall allow a volunteer organization or other
organization, company, or individual who wishes to receive the notice
described in division (A)(10) of this section regarding a specific
offender or delinquent child or notice regarding all offenders and
delinquent children who are located in the specified geographical
notification area to notify the sheriff by electronic mail or through the
sheriff’s web site of this election. The sheriff shall promptly inform the
bureau of criminal identification and investigation of these requests in
accordance with the forwarding procedures adopted by the attorney general
pursuant to section 2950.13 of the Revised Code.
(K) In making a determination under division (H)(1) of this section as
to whether to suspend the community notification requirement under this
section for an offender, the judge shall consider all relevant factors,
including, but not limited to, all of the following:
(1) The offender’s age;
(2) The offender’s prior criminal or delinquency record regarding all
offenses, including, but not limited to, all sexually oriented offenses or
child-victim oriented offenses;
(3) The age of the victim of the sexually oriented offense or
child-victim oriented offense the offender committed;
(4) Whether the sexually oriented offense or child-victim oriented
offense the offender committed involved multiple victims;
(5) Whether the offender used drugs or alcohol to impair the victim of
the sexually oriented offense or child-victim oriented the offender
committed or to prevent the victim from resisting;
(6) If the offender previously has been convicted of, pleaded guilty
to, or been adjudicated a delinquent child for committing an act that if
committed by an adult would be a criminal offense, whether the offender
completed any sentence or dispositional order imposed for the prior
offense or act and, if the prior offense or act was a sexually oriented
offense or a child-victim oriented offense, whether the offender or
delinquent child participated in available programs for sex offenders or
child-victim offenders;
(7) Any mental illness or mental disability of the offender;
(8) The nature of the offender’s sexual conduct, sexual contact, or
interaction in a sexual context with the victim of the sexually oriented
offense the offender committed or the nature of the offender’s interaction
in a sexual context with the victim of the child-victim oriented offense
the offender committed, whichever is applicable, and whether the sexual
conduct, sexual contact, or interaction in a sexual context was part of a
demonstrated pattern of abuse;
(9) Whether the offender, during the commission of the sexually
oriented offense or child-victim oriented offense the offender committed,
displayed cruelty or made one or more threats of cruelty;
(10) Any additional behavioral characteristics that contribute to the
offender’s conduct.
(L) As used in this section, “specified geographical notification area”
means the geographic area or areas within which the attorney general, by
rule adopted under section 2950.13 of the Revised Code, requires the
notice described in division (B) of this section to be given to the
persons identified in divisions (A)(2) to (8) of this section.
Effective Date: 07-31-2003; 04-29-2005; 11-23-2005; 08-03-2006;
01-02-2007; 2007 SB10 01-01-2008
