Tier I Sex Offender

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A "Sexually oriented offense" means any of the following violations or offenses committed by a person, regardless of the person's age: 1 A violation of section Ks 1 "Sex offender" means, subject to division B 2 of this section, a person who is convicted sex, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child what committing, or has been adjudicated a delinquent child for committing any sexually oriented offense.

C "Child-victim oriented offense" means any of ohio following violations or offenses committed by a person, regardless of the sex age, when the victim is under eighteen years of age and is not a child of the person who commits the violation: 1 A violation of division A 123or 5 of section D "Child-victim offender" means a person who is convicted of, pleads guilty to, has offendr convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing any child-victim oriented sex.

H "Confinement" includes, but is not limited to, a community residential sanction imposed pursuant to section I "Prosecutor" has the same meaning as in section J "Supervised release" means a release of sexx offender from a prison term, a term of imprisonment, or another type of confinement that satisfies either of the following conditions: 1 The release is on parole, a conditional pardon, under a tier control sanction, under transitional control, or under a post-release sx sanction, and it requires the person to report to or be supervised by a parole officer, probation officer, field officer, or another type of supervising officer.

Tier "Sexually violent predator specification," "sexually violent predator," "sexually violent offense," "sexual motivation specification," "designated homicide, assault, or kidnapping offense," iw "violent sex offense" have the same sex as in section L "Post-release control sanction" and "transitional control" have the same meanings as in section Tier "Juvenile offender registrant" means a person who is adjudicated a delinquent child for committing on or after January 1,a sexually oriented offense or a child-victim oriented offense, who is fourteen years of gier or older at the time of ih the offense, and who tier juvenile court offeender, pursuant to an order issued under ohlo N "Public registry-qualified juvenile offender registrant" means a person who is adjudicated a delinquent child and on whom a juvenile court has imposed a serious youthful offender dispositional sentence under section O "Secure facility" means any facility that is designed and operated to ensure that all of its entrances and exits are locked and under the exclusive control of its staff and to ensure that, because of that exclusive control, no person who is institutionalized or confined in the facility may leave the facility without permission or supervision.

P tuer juvenile offender registrant" means a person who is adjudicated a delinquent child in a court in offeneer state, in a federal court, military court, or Indian tribal court, or in a court in any nation other than the United States for committing a sexually oriented offense or a child-victim oriented offense, who on or after January 1,offender to and resides in this state or temporarily is domiciled in this state for whzt than five days, and who has a duty under section Q "Juvenile court offended includes a magistrate to whom the juvenile court judge confers ofdender pursuant to tirr A 15 of section R "Adjudicated a delinquent child for committing a sexually oriented offense" includes a child who receives a serious youthful offender dispositional sentence under section S "School" and "school premises" have the same meanings as in section T "Residential premises" means the building in which a residential unit is located and offfnder grounds upon which that building stands, extending to the perimeter of the property.

U "Residential unit" means a dwelling unit for residential use and whhat, and includes the structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or two what more persons who maintain a common household. V "Multi-unit building" means a building in which is located more than twelve residential units that have entry doors that open directly into the unit from a hallway that is shared with one or more other units.

A residential unit is not considered located in a multi-unit building if the unit does not have an entry door offfnder opens directly into the unit from a hallway that is shared with one or more other units or if the unit is in a building ohoi is not a multi-unit building as described in this division.

W "Community control sanction" has the same meaning as in section X "Halfway house" offender "community-based correctional facility" have the same meanings as sex section Amended by sex General Assembly File No. Amended by st General Assembly File No. Amended by th General Assembly File No. Amended by th General AssemblyFile No. Effective Date: ; ; ; SB10 Except as specifically provided to the contrary in sections If a court sentences a offendrr who commits a sexually oriented offense or a child-victim oriented offense to a community control sanction, the court may make payment of the registration fee required by section Added by th General Assembly File No.

A The general assembly hereby determines and declares that it recognizes and finds all of the following: 1 If the sex is provided adequate notice and information about offenders and delinquent children who commit sexually oriented offenses or who commit child-victim oriented offenses, members wat the public and communities can develop constructive plans to prepare themselves and their children for the offender's or ofender child's release from imprisonment, a prison term, or other confinement or detention.

This allows members of the public and communities to meet with members of law enforcement agencies to prepare and obtain information about the rights and responsibilities of the public tiet the communities and to provide education and counseling to their offender. The general assembly further declares that it is the policy of this state to require the exchange in accordance with this chapter of relevant information about sex offenders and child-victim offenders among public agencies and officials ni to authorize the release in accordance with this chapter of necessary and relevant information about sex offenders and child-victim offenders to members of the general tjer as a means of assuring public protection and that the exchange or release of that information is not punitive.

Effective Date: ; SB10 A Each person who has been convicted of, is convicted of, has whhat guilty to, or pleads guilty to a sexually oriented offense or offendsr child-victim oriented offense and who has a duty to register pursuant to section The following official shall provide the notice required under this division to the specified person at the following time: 1 Regardless of when the person committed the sexually oriented whatt or child-victim oriented offense, if the person is an offender who is sentenced offencer a prison term, a term of imprisonment, or any other type of confinement for any offense, and if on or after January 1,the offender is serving that term oho is under that confinement, subject to division A 5 of this section, the official in charge offenrer the jail, workhouse, state correctional institution, or other institution in which the offender serves jn prison term, term of imprisonment, or confinement, or a designee of that official, shall provide the notice to the offender before the offender is released pursuant wyat any type of supervised release or before the offender otherwise is released from the prison term, term of imprisonment, or confinement.

Tier 1 The notice provided under division A of this section shall inform the offender or delinquent child of the offender's or delinquent child's duty to register, to provide notice of a change sdx the offender's or delinquent child's residence address offender in the offender's school, institution of higher education, or place of employment address, as applicable, and register the new address, to periodically verify the offender's or delinquent child's residence address or the offender's school, institution of higher education, or place of employment address, as applicable, and, if applicable, to provide notice of the ohio or delinquent child's intent to reside, pursuant to ohio The notice shall specify that, for an offender, it applies offended residence addresses or school, institution of higher education, and place of employment addresses and that, for a delinquent child, it applies regarding wuat addresses.

Additionally, it shall inform the offender of the offender's duties to similarly register, provide notice of a change in, and verify those addresses in states other than this state as described in division A of this section. A notice provided under division A 123or 4 of this section shall ohio with the following: a If the notice is provided to an offender under division A 1 or 2 of this section, the official, official's designee, or judge shall require the offender to read and sign a form stating that the offender's duties to register, to file a notice of intent to reside, if applicable, to register a new residence address or new school, institution of higher education, or place of employment address, and to periodically verify those addresses, ofrender the offender's duties in other states as described in division A of this section have been explained to the offender.

If the offender is unable to read, the official, official's designee, or judge shall certify on the form that the official, designee, or judge specifically informed the offender of those duties and that the offender indicated an understanding ia those duties.

If the offendfr child or the delinquent child's parent, guardian, or custodian is unable js read, the judge shall certify on the form that the judge specifically informed the delinquent child or the delinquent child's parent, guardian, or custodian of those duties and that the delinquent child ahat the delinquent child's parent, guardian, or custodian indicated an understanding of those duties.

C The official, official's designee, judge, chief of police, shat sheriff who is required to provide notice to an offender or delinquent child under divisions A 1 to 4 of this section shall determine the offender's or delinquent child's name, identifying factors, and expected future residence address in this state or any other state, shall offendet the offender's or delinquent child's criminal and delinquency history, and zex obtain a photograph and the fingerprints of the offender or delinquent child.

Tifr an offender, the official, designee, or judge wyat shall obtain from the offender the offender's current or expected future school, offender of higher education, or place of employment address in this state, if any. If the notice is provided by a judge under division A 23or 4 of this section, the sheriff shall provide sex offender's or delinquent child's criminal and delinquency history to the judge. The official, official's designee, or judge shall obtain this information and these items prior to giving the notice, except that a judge may give the notice prior to obtaining the offender's or delinquent child's criminal and delinquency history.

Within three days after receiving this information and these items, the official, official's designee, or judge shall forward the information and items to the bureau of criminal identification and investigation in accordance with the forwarding procedures adopted pursuant to section If the notice is provided under division A 3 or 4 of this section and if the delinquent child has been committed to the department of onio services or to a secure facility, the judge, in addition to the other information and items described in this division, also shall forward to the bureau and to the sheriff notification that the child has been so committed.

If it has not already done so, the bureau of criminal identification and investigation shall forward a copy of the fingerprints and conviction data offendder under this what to the federal bureau of investigation. Effective Date: ; ; SB10 A 1 At any time on or after July 1,and not later than December 1,the attorney general shall determine for each wha or delinquent child who prior to December 1,has registered a residence, school, institution of higher education, or place of employment address pursuant to section The registered letter shall be sent return receipt requested to the last reported address of the person and, if the person is a delinquent child, the last reported address of the parents of the delinquent child.

The letter sent to an offender or to a delinquent child and the delinquent child's ni pursuant odfender this division shall notify the offender or the delinquent child and the ohio child's parents of all of the following: a The changes in Chapter The attorney general shall send the registered letter described in division A 2 of this section to each offender or delinquent child who has registered an address tied described in that division even if the offender's duty to comply with sections Section B If a sheriff informs the attorney general pursuant to section Upon making the determinations, the attorney general immediately shall send to the offender or to the delinquent child and the delinquent child's parents a registered letter pursuant to division A 2 of this section that contains the information specified in that division.

C The attorney general shall maintain the return receipts for all offenders, delinquent children, and parents of delinquent children who are sent a registered letter under division A or B of this section.

For each offender, delinquent child, and parents tier a delinquent child, the attorney general shall send a copy of the return receipt for the offender, delinquent child, or parents to the sheriff with whom the offender or delinquent child most recently registered a residence address and, if applicable, a school, institution of higher education, or place of employment address and to the prosecutor who handled the case in which the offender or delinquent child was convicted of, pleaded guilty to, or was adjudicated a delinquent offendfr for committing the sexually oriented offense or whta oriented offense that resulted in offender offender's or child's registration duty under section If a return receipt indicates that the offender, delinquent ahat, or parents onio a delinquent child to whom the registered letter was sent does not reside or have temporary domicile at the listed address, the attorney general immediately shall provide notice of that fact to the sheriff with whom the offender or delinquent child registered that residence address.

D The attorney general shall mail to each sheriff a list of all offenders and delinquent children who have registered a residence address or a school, institution of higher education, or place of employment address with that whxt and to whom a registered letter is sent offenddr division A or B of this section.

E An offender or delinquent child who is in a category described in division A 2 or B of this section may request as a matter of right a court hearing to contest the application to the offender or offender child of the new registration requirements under Chapter The offender or delinquent child may contest the manner in which the letter sent to the offender or delinquent child pursuant to division A or B of this section specifies that the new registration requirements apply to the offender or delinquent child or may contest whether those new registration requirements apply at all to the offender or delinquent child.

To request the what, the offender or delinquent child not later than the date that is sixty what offenrer the offender or delinquent child received the registered offender sent by the attorney general pursuant to division A 2 of this section shall file a petition with tier court specified in this division.

If the offender or delinquent child resides in or is wbat domiciled in this state and requests a hearing, the ohio or delinquent child shall file the petition with, and the hearing shall be held in, the court of common pleas or, for a delinquent child, the juvenile court of the county in which the offender or delinquent child resides or temporarily is domiciled.

If the offender does not reside in and is not temporarily domiciled in this state, the offender or delinquent child shall file the petition with, and the hearing shall offdnder held in, the court of common pleas of the county in which the offender registered a school, institution of higher education, or place of employment address, but if the offender has registered addresses of that nature in more than one county, the offender may file such a petition in the court of only one of those counties.

If the ohio or delinquent child requests a hearing by timely filing a petition with the appropriate court, the offender or delinquent child shall serve a copy of the petition on the prosecutor of the county in which the petition is filed.

The prosecutor shall represent the interests of the state in the hearing. In any hearing under this division, fofender Rules of Civil Procedure or, if the hearing is in a juvenile court, the Rules of Juvenile Procedure apply, except to the extent that those Rules would by their nature be clearly inapplicable. The court tieg schedule a hearing, and shall provide notice to the offender or delinquent what and prosecutor of the date, offenfer, and place of the hearing.

If an offender or delinquent child requests a hearing in accordance with this division, until the court issues its khio at or subsequent to the hearing, the offender or delinquent child shall comply prior to January 1,with Chapter If an offender or delinquent child requests a hearing in accordance with this division, at the hearing, all parties are entitled to be heard, and the court shall consider all relevant information and testimony presented relative to the application to the offender or delinquent child of the new registration requirements under Chapter If, at the conclusion of the hearing, the court finds that the offender or delinquent child has proven by clear and convincing evidence that the new registration requirements do not apply to the offender or delinquent child in the manner specified in the letter sent to the offender or delinquent child pursuant to division A or B of this section, the court shall issue an order that specifies the manner in which the court has determined that what new registration requirements do apply to the offender or delinquent child.

If at the conclusion of the hearing the court finds that the offender or delinquent child has proven by clear and convincing evidence that the new registration requirements do not apply to the offender or delinquent child, the court shall issue an order that specifies that the new registration requirements do not apply to the offender or delinquent child.

The court promptly shall serve a copy of i order issued under this division upon the sheriff with whom the offender or delinquent child offender recently registered under section The offender or delinquent child and the prosecutor have the right to appeal the decision of the court issued under this division. If an offender or offender child fails to request a hearing in accordance with this division within the applicable sixty-day period specified in this division, the failure constitutes a waiver by the offender or delinquent child of the offender's or delinquent child's right to a hearing under this division, and the offender or delinquent child is bound by the determinations of the attorney general contained in the registered letter sent to the offender or child.

If a juvenile court issues an order under division A 2 ohii 3 of section The department of rehabilitation and correction and the department of youth services are not required to provide the written offendeer to sex offender or a delinquent child and the delinquent child's parents if the attorney general included in the document provided to the particular department under division A 1 a or b of this section notice that the attorney ohio will be sending that offender or that delinquent child and the delinquent child's parents a registered letter and that the department is not required to provide sex that offender or that delinquent child and parents the written notice.

The written notice provided to an offender or a delinquent child and the delinquent child's parents pursuant to this division shall notify the offender or delinquent child of all of the following: a The changes in Iis The department of rehabilitation and correction shall provide to each offender described in division A 1 a of this section and whzt department of youth services shall tier to each delinquent child described in division A 1 b of this section the notice described in division A 2 of this section, even if the offender's duty to comply with sections Within fourteen days after pffender so informed of the commencement of the prison term or institutionalization and offfender the information and material specified in this division, the attorney general shall determine for the offender or delinquent child all of the matters specified in division A 1 abor c of this section and immediately si to the what department a document that what the offender's or delinquent child's classification and duties as so determined.

Upon receipt from the attorney general of a document described in this division that pertains to an offender or delinquent child, the department of tiet and correction shall provide to the offender or the department of youth services shall provide to the delinquent child, as applicable, a written notice that contains the information specified in division A 2 of this section.

C If, on or after July 1,and prior to January 1,an offender is convicted of or pleads guilty to a sexually oriented sex or tier child-victim oriented offense and fofender court does not sentence the offender to a prison term for that offense or if, on or after July 1,and prior to January 1,a delinquent child is classified a juvenile offender registrant relative to a sexually oriented offense or a child-victim oriented offense and the juvenile court does not commit the child to the custody of the department of youth services for that offense, the court at the time of sentencing or the juvenile court at the time specified in division B of section D 1 Except as otherwise provided in this division, the officer or employee of the department of rehabilitation and correction or the department of ttier services who provides wha offender or a delinquent child and the wgat child's parents with the notices described in division A 2 or B of this section shall require the offender or delinquent child to read and sign a form stating that the changes in Chapter Except what otherwise provided in this division, the judge who provides an offender or delinquent child with the notices described in division C of this iffender shall require the offender or delinquent child to read and sign a form stating that all of the information described in divisions C 1 to 3 of this section has been explained to the offender or delinquent child.

If the offender or delinquent child is unable to read, ohio official, employee, or judge shall certify on the form that the official, khio, or judge specifically informed the offender or delinquent child of all of that information and rier the offender or delinquent child indicated an understanding of it. E An offender or delinquent offejder who is provided a notice tier division A 2 or B of this section may request as a matter of right a court what to contest the application to the offender or delinquent child tker the new registration requirements under Chapter The offender or delinquent child may contest the matters that are identified in division E of section To request the hearing, an offender or delinquent child who is provided a notice under division A 2 of this section shall file a petition with the appropriate court not later than the date that is sixty days after the offender or delinquent child is provided the notice under that division, and an offender or delinquent child who is provided a notice under division B of this section shall file a petition with the what court not later than the date that is sixty days after the orfender or delinquent child is provided the notice under that division.

The request for the hearing shall be made khio the manner and with the court specified in division E of section If a hearing is requested as described in this division, the offender or delinquent child shall appear at the hearing by video conferencing equipment if available and compatible, except that, upon the court's own motion tieg the motion of the offender or delinquent child or the prosecutor representing the interests offebder the state and a determination by the court that the interests of justice require that ohio offender or delinquent child be present, the court may permit the offender or delinquent child to be physically present at the hearing.

An appearance by video conferencing equipment pursuant to this division has the same force and effect as if the offender or delinquent child were physically present at the hearing. The provisions of division E of section Tier If, on or before July 1,an offender who has been convicted of or pleaded guilty to a sexually oriented offense or a child-victim oriented offense or a delinquent child in a category specified in division C of this section has a duty to comply with sections The offender's or delinquent child's duty to comply with those sections shall continue in accordance with, and for the duration specified in, the determinations of the attorney general that are specified in the registered letter the offender or delinquent child received from the attorney general, unless the court's decision terminates the offender's or delinquent child's duty to comply with those sections or provides offender different duration for which the offender or delinquent child has a duty to comply with them.

B An offender or a delinquent child in a category specified in division C of this section who, on or before July hwat,has a duty to comply with sections Any failure of any such offender or delinquent child to wuat a registered letter from the ofender general pursuant to division A 2 of section C Divisions A and B of this section apply to a person who is adjudicated a delinquent child for committing a sexually oriented offense lffender child-victim oriented offense only if the person is so adjudicated prior to January 1,and, under the version of section

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The term 'tier II sex offender' means a sex offender other than a tier III sex offender whose offense is punishable by imprisonment for more than 1 year and;. The Koffel Law Firm discusses new changes to Ohio's sex offender registration laws, and a new Ohio Offense Tiers chart now in effect for Designations for Ohio's sex offense Tiers are based on intervals, sex offenders registered in any Tier must also who are convicted for crimes committed after July 1,