OHIO REVISED
CODE 2950.11
SECTION 2950.11 - Persons to be notified within geographical area
(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.
HISTORY: H 180
7-1-97; H 396 1-30-98; H 565 3-30-99; H 471 7-1-2000; S 3 1-1-2002; S 175
5-7-2002; H 485 6-13-2002; S 5 7-31-03; H 473 4-29-05; H 15 11-23-05; S 17 8-3-06; S
260 1-2-07; SB10 01-01-2008.
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