OHIO REVISED
CODE 2950.032
SECTION 2950.032 - Notice of new classification, right to hearing; those currently incarcerated
(A)(1) At any time on or after July 1, 2007, and not later than December 1,
2007, the attorney general shall do all of the following:
(a) For each offender who on December 1, 2007, will be serving a prison
term in a state correctional institution for a sexually oriented offense or
child-victim oriented offense, determine the offender’s classification
relative to that offense as a tier I sex offender/child-victim offender, a
tier II sex offender/child-victim offender, or a tier III
sex offender/child-victim offender under Chapter 2950 of the Revised Code as
it will exist under the changes in that chapter that will be implemented on
January 1, 2008, and the offender’s duties under Chapter 2950 of the
Revised Code as so changed and provide to the department of rehabilitation and
correction a document that describes that classification and those duties;
(b) For 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 December 1, 2007, will be confined in an institution of the
department of youth services for the sexually oriented offense or child-victim
oriented offense, determine the delinquent child’s classification relative
to that offense as a tier I sex offender/child-victim offender, a tier II sex
offender/child-victim offender, or a tier III sex
offender/child-victim offender under Chapter 2950 of the Revised Code as it
will exist under the changes in that chapter that will be implemented on
January 1, 2008, the delinquent child’s duties under Chapter 2950 of the
Revised Code as so changed, and whether the delinquent child is a public
registry-qualified juvenile offender registrant and provide to the department
a document that describes that classification, those duties, and whether the
delinquent child is a public registry-qualified juvenile offender registrant.
(c) For each offender and delinquent child described in division (A)(1)(a)
or (b) of this section, determine whether the attorney general is required to
send a registered letter to that offender or that delinquent child and
delinquent child’s parents pursuant to section 2950.031
of the Revised Code relative to the sexually oriented offense or child-victim
oriented offense for which the offender or delinquent child is serving the
prison term or is confined and, if the attorney general is required to send
such a letter to that offender or that delinquent child and delinquent
child’s parents relative to that offense, include in the document provided
to the department of rehabilitation and correction or the department of youth
services under division (A)(1)(a) or (b) of this section a conspicuous notice
that the attorney general will be sending the offender or delinquent child and
delinquent child’s parent the registered letter and that the department is
not required to provide to the offender or delinquent child the written notice
described in division (A)(2) of this section.
(2) At any time on or after July 1, 2007, and not later than December 1,
2007, except as otherwise described in this division, the department of
rehabilitation and correction shall provide to each offender described in
division (A)(1)(a) of this section and the department of youth services shall
provide to each delinquent child described in division (A)(1)(b) of this
section and to the delinquent child’s parents a written notice that contains
the information described in this division. The department of rehabilitation
and correction and the department of youth services are not required to
provide the written notice to an 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 general 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 to 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 Chapter
2950 of the Revised Code that will be
implemented on January 1, 2008;
(b) Subject to division (A)(2)(c) of this section, the offender’s or
delinquent child’s classification as a tier I sex offender/child-victim
offender, a tier II sex offender/child-victim offender, or a tier III
sex offender/child-victim offender under Chapter 2950 of the Revised Code as
it will exist under the changes that will be implemented on January 1, 2008,
the offender’s or delinquent child’s duties under Chapter 2950 of the
Revised Code as so changed and the duration of those duties, whether the
delinquent child is classified a public registry-qualified juvenile offender
registrant, and the information specified in division (B) of section 2950.03
of the Revised Code to the extent it is relevant to the offender or delinquent
child;
(c) The fact that the offender or delinquent child has a right to a hearing
as described in division (E) of this section, the procedures for requesting
the hearing, and the period of time within which the request for the hearing
must be made;
(d) If the offender’s or delinquent child’s duty to comply with
sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code is scheduled to terminate on or after July 1, 2007, and prior
to January 1, 2008, under the version of section 2950.07
of the Revised Code that is in effect prior to January 1, 2008, a summary of
the provisions of section 2950.033
of the Revised Code and the application of those provisions to the offender or
delinquent child, provided that this division applies regarding a delinquent
child only if the child is in a category specified in division (A) of section 2950.033
of the Revised Code.
(3) The attorney general shall make the determinations described in
divisions (A)(1)(a) and (b) of this section for each offender or delinquent
child who is described in either of those divisions even if the offender’s
duty to comply with sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code is scheduled to terminate prior to January 1, 2008, under the
version of section 2950.07
of the Revised Code that is in effect prior to that date, or the delinquent
child is in a category specified in division (C) of section 2950.033
of the Revised Code, and the child’s duty to comply with those sections is
scheduled to terminate prior to January 1, 2008, under the version of section 2950.07
of the Revised Code that is in effect prior to that date. The department of
rehabilitation and correction shall provide to each offender described in
division (A)(1)(a) of this section and the department of youth services shall
provide 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 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code is scheduled to terminate prior to January 1, 2008, under the
version of section 2950.07
of the Revised Code that is in effect prior to that date, or the delinquent
child is in a category specified in division (C) of section 2950.033
of the Revised Code, and the child’s duty to comply with those sections is
scheduled to terminate prior to January 1, 2008, under the version of section 2950.07
of the Revised Code that is in effect prior to that date. Section 2950.033
of the Revised Code applies regarding any offender described in division
(A)(1)(a) or (b) of this section whose duty to comply with sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code is scheduled to terminate prior to January 1, 2008, under the
version of section 2950.07
of the Revised Code that is in effect prior to that date and any delinquent
child who is in a category specified in division (A) of section 2950.033
of the Revised Code and whose duty to comply with those sections is scheduled
to terminate prior to January 1, 2008, under the version of section 2950.07
of the Revised Code that is in effect prior to that date.
(B) If on or after December 2, 2007, an offender commences a prison term in
a state correctional institution or a delinquent child commences confinement
in an institution of the department of youth services for a sexually oriented
offense or a child-victim oriented offense and if the offender or delinquent
child was convicted of, pleaded guilty to, or was classified a juvenile
offender registrant relative to the sexually oriented offense or child-victim
oriented offense on or before that date, as soon as practicable, the
department of rehabilitation and correction or the department of youth
services, as applicable, shall contact the attorney general, inform the
attorney general of the commencement of the prison term or
institutionalization, and forward to the attorney general information and
material that identifies the offender or delinquent child and that describes
the sexually oriented offense resulting in the prison term or
institutionalization, the facts and circumstances of it, and the offender’s
or delinquent child’s criminal or delinquency history. Within fourteen days
after being so informed of the commencement of the prison term or
institutionalization and receiving 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)(a), (b), or (c)
of this section and immediately provide to the appropriate department a
document that describes 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
rehabilitation 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, 2007, and prior to January 1, 2008, an offender
is convicted of or pleads guilty to a sexually oriented offense or a
child-victim oriented offense and the court does not sentence the offender to
a prison term for that offense or if, on or after July 1, 2007, and prior to
January 1, 2008, 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 2152.82,
division (C) of section 2152.83,
division (C) of section 2152.84,
division (E) of section 2152.85,
or division (A) of section 2152.86
of the Revised Code, whichever is applicable, shall do all of the following:
(1) Provide the offender or the delinquent child and the delinquent
child’s parents with the notices required under section 2950.03
of the Revised Code, as it exists prior to January 1, 2008, regarding the
offender’s or delinquent child’s duties under this chapter as it exists
prior to that date;
(2) Provide the offender or the delinquent child and the delinquent
child’s parents with a written notice that contains the information
specified in divisions (A)(2)(a) and (b) of this section;
(3) Provide the offender or the delinquent child and the delinquent
child’s parents a written notice that clearly indicates that the offender or
delinquent child is required to comply with the duties described in the notice
provided under division (C)(1) of this section until January 1, 2008, and will
be required to comply with the duties described in the notice provided under
division (C)(2) of this section on and after that date.
(D)(1) Except as otherwise provided in this division, the officer or
employee of the department of rehabilitation and correction or the department
of youth services who provides an offender or a delinquent child and the
delinquent 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 2950 of the Revised Code that
will be implemented on January 1, 2008, the offender’s or delinquent
child’s classification as a tier I sex offender, a tier II sex offender, or
a tier III sex offender, the offender’s or
delinquent child’s duties under Chapter 2950 of the Revised Code as so
changed and the duration of those duties, the delinquent child’s
classification as a public registry-qualified juvenile offender registrant if
applicable, the information specified in division (B) of section 2950.03
of the Revised Code to the extent it is relevant to the offender or delinquent
child, and the right to a hearing, procedures for requesting the hearing, and
period of time within which the request for the hearing must be made have been
explained to the offender or delinquent child.
Except as otherwise provided in this division, the judge who provides an
offender or delinquent child with the notices described in division (C) of
this section 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, the official,
employee, or judge shall certify on the form that the official, employee, or
judge specifically informed the offender or delinquent child of all of that
information and that the offender or delinquent child indicated an
understanding of it.
(2) After an offender or delinquent child has signed the form described in
division (D)(1) of this section or the official, employee, or judge has
certified on the form that the form has been explained to the offender or
delinquent child and that the offender or delinquent child indicated an
understanding of the specified information, the official, employee, or judge
shall give one copy of the form to the offender or delinquent child, 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, and shall send one copy of the form to the sheriff of the
county in which the offender or delinquent child expects to reside and one
copy 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 child for committing the sexually oriented offense or child-victim
oriented offense that resulted in the offender’s or child’s registration
duty under section 2950.04
or 2950.041
of the Revised Code.
(E) An offender or delinquent child who is provided a notice under 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 delinquent child of the new
registration requirements under Chapter 2950 of the Revised Code as it will
exist under the changes that will be implemented on January 1, 2008. The
offender or delinquent child may contest the matters that are identified in
division (E) of section 2950.031
of the Revised Code. 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 appropriate court
not later than the date that is sixty days after the offender or delinquent
child is provided the notice under that division. The request for the hearing
shall be made in the manner and with the court specified in division (E) of
section 2950.031
of the Revised Code, and, except as otherwise provided in this division, the
provisions of that division regarding the service of process and notice
regarding the hearing, the conduct of the hearing, the determinations to be
made at the hearing, and appeals of those determinations also apply to a
hearing requested under this division. 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 or the motion of the offender or delinquent child or
the prosecutor representing the interests of the state and a determination by
the court that the interests of justice require that the 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 2950.031
of the Revised Code regarding the effect of a failure to timely request a
hearing also apply to a failure to timely request a hearing under this
division.
If a juvenile court issues an order under division (A)(2) or (3) of section
2152.86 of the
Revised Code that classifies a delinquent child a public-registry qualified
juvenile offender registrant and if the child’s delinquent act was committed
prior to January 1, 2008, a challenge to the classification contained in the
order shall be made pursuant to division (D) of section 2152.86
of the Revised Code.
HISTORY: SB10
07-01-2007
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