OHIO REVISED
CODE 2950.033
SECTION 2950.033 - Notice of new classification, right to hearing; those whose duty to register is scheduled to terminate, July 1, 2007 through January 1, 2008
(A) If, on or before July 1, 2007, 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 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code based on that offense and if the offender’s or delinquent
child’s duty to comply with those sections based on that offense 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,
notwithstanding that scheduled termination of those duties, the offender’s
or delinquent child’s duties under those sections shall not terminate as
scheduled and shall remain in effect for the following period of time:
(1) If the offender or delinquent child is in a category described in
division (A)(1) of section 2950.031
of the Revised Code, receives a registered letter from the attorney general
pursuant to division (A)(2) of that section, and timely requests a hearing in
accordance with division (E) of that section 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, or the tier classification of the offender
or delinquent child specified by the attorney general, 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 shall continue at least until the court issues its decision
at or subsequent to the hearing. 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 a different duration for which the offender or delinquent child has a
duty to comply with them.
(2) If the offender or delinquent child is in a category described in
division (A)(1) of section 2950.031
of the Revised Code, receives a registered letter from the attorney general
pursuant to division (A)(2) of that section, and does not timely request a
hearing in accordance with division (E) of that section 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, or the tier
classification of the offender or delinquent child specified by the attorney
general, 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 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.
(3) If the offender or delinquent child is in a category described in
division (A)(1)(a) or (b) of section 2950.032
of the Revised Code, receives a notice from the department of rehabilitation
and correction or department of youth services pursuant to division (A)(2) of
that section, and timely requests a hearing in accordance with division (E) of
that section 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,
or the tier classification of the delinquent child specified by the attorney
general 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 shall continue in the same manner and for the same duration
as is described in division (A)(1) of this section regarding offenders and
delinquent children in a category described in division (A)(1) of section 2950.031
of the Revised Code, who receive a registered letter from the attorney general
pursuant to division (A)(2) of that section, and who timely request a hearing
in accordance with division (E) of that section.
(4) If the offender or delinquent child is in a category described in
division (A)(1)(a) or (b) of section 2950.032
of the Revised Code, receives a notice from the department of rehabilitation
and correction or department of youth services pursuant to division (A)(2) of
that section, and does not timely request a hearing in accordance with
division (E) of that section 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, or the tier classification of the delinquent child
specified by the attorney general 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 shall continue in the same manner and for the same duration
as is described in division (A)(2) of this section regarding offenders and
delinquent children in a category described in division (A)(1) of section 2950.031
of the Revised Code, who receive a registered letter from the attorney general
pursuant to division (A)(2) of that section, and who do not timely request a
hearing in accordance with division (E) of that section.
(5) If the offender or delinquent child is in a category described in
division (A)(1) of section 2950.031
of the Revised Code but does not receive a registered letter from the attorney
general pursuant to division (A)(2) of that section, or if the offender or
delinquent child is in a category described in division (A)(1)(a) or (b) of
section 2950.032
of the Revised Code but does not receive a notice from the department of
rehabilitation and correction or department of youth services pursuant to
division (A)(2) of that section, notwithstanding the failure of the offender
or delinquent child to receive the registered letter or the notice, 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 shall continue in accordance with, and for the duration
specified in, the provisions of Chapter 2950 of the Revised Code as they will
exist under the changes to the provisions that will be implemented on January
1, 2008.
(B) An offender or a delinquent child in a category specified in division
(C) of this section who, on or before July 1, 2007, has a duty to comply with
sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code based on a conviction of, plea of guilty to, or adjudication
as a delinquent child for committing a sexually oriented offense or a
child-victim oriented offense and whose duty to comply with those sections 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, is presumed to
have knowledge of the law, the content of division (A) of this section and its
application to the offender or delinquent child, and the offender’s or
delinquent child’s duties under Chapter 2950 of the Revised Code as it will
exist under the changes that will be implemented on January 1, 2008. Any
failure of any such offender or delinquent child to receive a registered
letter from the attorney general pursuant to division (A)(2) of section 2950.031
of the Revised Code or to receive a written notice from the department of
rehabilitation and correction or department of youth services pursuant to
division (A)(2) of section 2950.032
of the Revised Code does not negate, limit, or modify the presumption
specified in this division.
(C) Divisions (A) and (B) of this section apply to a person who is
adjudicated a delinquent child for committing a sexually oriented offense or
child-victim oriented offense only if the person is so adjudicated prior to
January 1, 2008, and, under the version of section 2950.01
of the Revised Code that is to take effect on January 1, 2008, will be a
public registry-qualified juvenile offender registrant relative to that
offense.
HISTORY: SB10
07-01-2007
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