OHIO REVISED
CODE 2950.03
SECTION 2950.03 - Notice of the duty to register
(A) Each person who has been convicted of, is convicted of, has pleaded
guilty to, or pleads guilty to a sexually oriented offense or a child-victim
oriented offense and who has a duty to register pursuant to section 2950.04
or 2950.041
of the Revised Code and each person who is adjudicated a delinquent child for
committing a sexually oriented offense or a child-victim oriented offense and
who is classified a juvenile offender registrant based on that adjudication
shall be provided notice in accordance with this section of the offender’s
or delinquent child’s duties imposed under sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code and of the offender’s duties to similarly register, provide
notice of a change, and verify addresses in another state if the offender
resides, is temporarily domiciled, attends a school or institution of higher
education, or is employed in a state other than this state. 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 offense
or child-victim oriented offense, if the person is an offender who is
sentenced to a prison term, a term of imprisonment, or any other type of
confinement for any offense, and if on or after January 1, 2008, the offender
is serving that term or is under that confinement, subject to division (A)(5)
of this section, the official in charge of the jail, workhouse, state
correctional institution, or other institution in which the offender serves
the 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 to any type of supervised release or before the offender
otherwise is released from the prison term, term of imprisonment, or
confinement.
(2) Regardless of when the person committed the sexually oriented offense
or child-victim oriented offense, if the person is an offender who is
sentenced on or after January 1, 2008 for any offense, and if division (A)(1)
of this section does not apply, the judge shall provide the notice to the
offender at the time of sentencing.
(3) If the person is a delinquent child who is classified a juvenile
offender registrant on or after January 1, 2008, the judge shall provide the
notice to the delinquent child at the time specified in division (B) of
section 2152.82,
division (C) of section 2152.83,
division (C) of section 2152.84,
or division (E) of section 2152.85
of the Revised Code, whichever is applicable.
(4) If the person is a delinquent child who is classified as both a
juvenile offender registrant and a public registry-qualified juvenile offender
registrant on or after January 1, 2008, the judge shall provide the notice to
the delinquent child at the time specified in division (B) of section 2152.86
of the Revised Code.
(5) If the person is an offender or delinquent child in any of the
following categories, the attorney general, department of rehabilitation and
correction, or department of youth services shall provide the notice to the
offender or delinquent child at the time and in the manner specified in
section 2950.031
or division (A) or (B) of section 2950.032
of the Revised Code, whichever is applicable:
(a) An offender or delinquent child who prior to December 1, 2007, has
registered a residence, school, institution of higher education, or place of
employment address pursuant to section 2950.04,
2950.041, or 2950.05 of the
Revised Code;
(b) An offender or delinquent child who registers with a sheriff pursuant
to section 2950.04
or 2950.041
of the Revised Code on or after December 1, 2007, previously had not
registered under either section with that sheriff or any other sheriff, and
was convicted of, pleaded guilty to, or was classified a juvenile offender
registrant relative to the sexually oriented offense or child-victim oriented
offense upon which the registration was based prior to December 1, 2007;
(c) An offender who on December 1, 2007, is serving a prison term in a
state correctional institution for a sexually oriented offense or child-victim
oriented offense or each delinquent child who has been classified a juvenile
offender registrant relative to a sexually oriented offense or child-victim
oriented offense and who on that date is confined in an institution of the
department of youth services for the sexually oriented offense or child-victim
oriented offense;
(d) An offender or delinquent child who on or after December 2, 2007,
commences a prison term in a state correctional institution or confinement in
an institution of the department of youth services for a sexually oriented
offense or child-victim oriented offense and who was convicted of, pleaded
guilty to, or was classified a juvenile offender registrant relative to the
sexually oriented offense or child-victim oriented offense prior to that date.
(6) If the person is an offender or delinquent child who on or after July
1, 2007, and prior to January 1, 2008, is convicted of or pleads guilty to a
sexually oriented offense or a child-victim oriented offense and is not
sentenced to a prison term for that offense or is classified a juvenile
offender registrant relative to a sexually oriented offense or child-victim
oriented offense and is not committed to the custody of the department of
youth services for that offense, the sentencing court or juvenile court shall
provide the notice to the offender or delinquent child at the time and in the
manner specified in division (C) of section 2950.032
of the Revised Code.
(7) If the person is an offender or delinquent child who has a duty to
register in this state pursuant to division (A)(4) of section 2950.04
or 2950.041
of the Revised Code, the offender or delinquent child is presumed to have
knowledge of the law and of the offender’s or delinquent child’s duties
imposed under sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code.
(B)(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 in the offender’s or
delinquent child’s residence address or 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 offender’s or
delinquent child’s intent to reside, pursuant to sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code. The notice shall specify that, for an offender, it applies
regarding residence addresses or school, institution of higher education, and
place of employment addresses and that, for a delinquent child, it applies
regarding residence 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)(1), (2),
(3), or (4) of this section shall comport 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, and 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 of those duties.
(b) If the notice is provided to a delinquent child under division (A)(3)
or (4) of this section, the judge shall require the delinquent child and the
delinquent child’s parent, guardian, or custodian to read and sign a form
stating that the delinquent child’s duties to register, to file a notice of
intent to reside, if applicable, to register a new residence address, and to
periodically verify that address have been explained to the delinquent child
and to the delinquent child’s parent, guardian, or custodian. If the
delinquent child or the delinquent child’s parent, guardian, or custodian is
unable to 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 or the
delinquent child’s parent, guardian, or custodian indicated an understanding
of those duties.
(2) The notice provided under divisions (A)(1) to (4) of this section shall
be on a form prescribed by the bureau of criminal identification and
investigation and shall contain all of the information specified in division
(A) of this section and all of the information required by the bureau. The
notice provided under divisions (A)(1) to (4) of this section shall include,
but is not limited to, all of the following:
(a) For any notice provided under divisions (A)(1) to (4) of this section,
an explanation of the offender’s periodic residence address or periodic
school, institution of higher education, or place of employment address
verification process or of the delinquent child’s periodic residence address
verification process, an explanation of the frequency with which the offender
or delinquent child will be required to verify those addresses under that
process, a statement that the offender or delinquent child must verify those
addresses at the times specified under that process or face criminal
prosecution or a delinquent child proceeding, and an explanation of the
offender’s duty to similarly register, verify, and reregister those
addresses in another state if the offender resides in another state, attends a
school or institution of higher education in another state, or is employed in
another state.
(b) If the notice is provided under division (A)(3) or (4) of this section,
a statement that the delinquent child has been classified by the adjudicating
juvenile court judge or the judge’s successor in office a juvenile offender
registrant and, if applicable, a public-registry qualified juvenile offender
registrant and has a duty to comply with sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code;
(c) If the notice is provided under division (A)(3) or (4) of this section,
a statement that, if the delinquent child fails to comply with the
requirements of sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code, both of the following apply:
(i) If the delinquent child’s failure occurs while the child is under
eighteen years of age, the child is subject to proceedings under Chapter 2152
of the Revised Code based on the failure, but if the failure occurs while the
child is eighteen years of age or older, the child is subject to criminal
prosecution based on the failure.
(ii) If the delinquent child’s failure occurs while the child is under
eighteen years of age, unless the child is emancipated, as defined in section 2919.121
of the Revised Code, the failure of the parent, guardian, or custodian to
ensure that the child complies with those requirements is a violation of
section 2919.24
of the Revised Code and may result in the prosecution of the parent, guardian,
or custodian for that violation.
(3)(a) After an offender described in division (A)(1) or (2) of this
section has signed the form described in divisions (B)(1) and (2) of this
section or the official, official’s designee, or judge has certified on the
form that the form has been explained to the offender and that the offender
indicated an understanding of the duties indicated on it, the official,
official’s designee, or judge shall give one copy of the form to the
offender, within three days shall send one copy of the form to the bureau of
criminal identification and investigation in accordance with the procedures
adopted pursuant to section 2950.13
of the Revised Code, shall send one copy of the form to the sheriff of the
county in which the offender expects to reside, and shall send one copy of the
form to the sheriff of the county in which the offender was convicted or
pleaded guilty if the offender has a duty to register pursuant to division
(A)(1) of section 2950.04
or 2950.041
of the Revised Code.
(b) After a delinquent child described in division (A)(3) or (4) of this
section and the delinquent child’s parent, guardian, or custodian have
signed the form described in divisions (B)(1) and (2) of this section or the
judge has certified on the form that the form has been explained to the
delinquent child or the delinquent child’s parent, guardian, or custodian
and that the delinquent child or the delinquent child’s parent, guardian, or
custodian indicated an understanding of the duties and information indicated
on the form, the judge shall give a copy of the form to both the delinquent
child and to the delinquent child’s parent, guardian, or custodian, within
three days shall send one copy of the form to the bureau of criminal
identification and investigation in accordance with the procedures adopted
pursuant to section 2950.13
of the Revised Code, shall send one copy of the form to the sheriff of the
county in which the delinquent child expects to reside, and shall send one
copy of the form to the sheriff of the county in which the child was
adjudicated a delinquent child if the delinquent child has a duty to register
pursuant to division (A)(1) of section 2950.04
or 2950.041
of the Revised Code.
(C) The official, official’s designee, judge, chief of police, or 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 obtain the offender’s or
delinquent child’s criminal and delinquency history, and shall obtain a
photograph and the fingerprints of the offender or delinquent child. Regarding
an offender, the official, designee, or judge also shall obtain from the
offender the offender’s current or expected future school, institution of
higher education, or place of employment address in this state, if any. If the
notice is provided by a judge under division (A)(2), (3), or (4) of this
section, the sheriff shall provide the 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 2950.13
of the Revised Code, to the sheriff of the county in which the offender or
delinquent child expects to reside and to the sheriff of the county in which
the offender or delinquent child was convicted, pleaded guilty, or adjudicated
a delinquent child if the offender or delinquent child has a duty to register
pursuant to division (A)(1) of section 2950.04
or 2950.041
of the Revised Code, and, regarding an offender, to the sheriff of the county,
if any, in which the offender attends or will attend a school or institution
of higher education or is or will be employed. 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 youth 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 received under this division to the
federal bureau of investigation.
HISTORY: H 180
1-1-97; H 93 12-31-97; H 502 3-15-2001; S 3 1-1-2002; H 485 6-13-2002; S 5 7-31-03; H
473 4-29-05; SB10 01-01-2008
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