OHIO REVISED
CODE 2950.15
SECTION 2950.15 - Removal of registration duties
(A) As used in this section and section
2950.16
of the Revised Code, “eligible offender” means a person who is convicted
of, pleads guilty to, was convicted of, or pleaded guilty to a sexually
oriented offense or child-victim oriented offense, regardless of when the
offense was committed, and is a tier I sex offender/child-victim offender or a
child who is or was adjudicated a delinquent child for committing a sexually
oriented offense or child-victim oriented offense, regardless of when the
offense was committed, and is a public registry-qualified juvenile offender
registrant.
(B) Pursuant to this section, an eligible offender may make a motion to the
court of common pleas or, for a delinquent child, the juvenile court of the
county in which the eligible offender resides requesting that the court
terminate the eligible offender’s duty to comply with sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code. If the eligible offender is not a resident of this state,
the eligible offender may make a motion to the court of common pleas of the
county in which the eligible offender has registered pursuant to section 2950.04
or 2950.041
of the Revised Code, but if the eligible offender has registered addresses of
that nature in more than one county, the eligible offender may make such a
motion in the court of only one of those counties. Notwithstanding any state
or local rule assigning costs and fees for filing and processing civil and
criminal cases, the fee for filing the motion shall be one hundred fifty
dollars. This fee shall be applied to any further processing of the motion,
including, but not limited to, the costs associated with investigating the
motion, notifying relevant parties, scheduling hearings, and recording and
reporting the court’s determination.
(C)(1) Except as provided in division (C)(2) of this section, an eligible
offender who is classified a tier I sex offender/child-victim offender may
make a motion under division (B) of this section upon the expiration of ten
years after the eligible offender’s duty to comply with division (A)(2) or
(4) of section 2950.04
or division (A)(2) 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 eligible
offender is subject to those provisions.
(2) An eligible offender who is a delinquent child and is classified a
public registry-qualified juvenile offender registrant may make a motion under
division (B) of this section upon the expiration of twenty-five years after
the eligible offender’s duty to comply with division (A)(3) or (4) of
section 2950.04
and sections 2950.05
and 2950.06 of
the Revised Code begins in relation to the offense for which the eligible
offender is subject to those provisions.
(D) An eligible offender who makes a motion under division (B) of this
section shall include all of the following with the motion:
(1) A certified copy of the judgment entry and any other documentation of
the sentence or disposition given for the offense or offenses for which the
eligible offender was convicted, pleaded guilty, or was adjudicated a
delinquent child;
(2) Documentation of the date of discharge from supervision or release,
whichever is applicable;
(3) Evidence that the eligible offender has completed a sex offender or
child-victim offender treatment program certified by the department of
rehabilitation and correction or the department of youth services pursuant to
section 2950.16
of the Revised Code;
(4) Evidence that the eligible offender has not been convicted of, pleaded
guilty to, or been adjudicated a delinquent child for committing any
subsequent sexually oriented offense, child-victim oriented offense, or other
criminal offense, except for a minor misdemeanor traffic offense;
(5) Evidence that the eligible offender has paid any financial sanctions
imposed upon the offender pursuant to section 2929.18
or 2929.28 of
the Revised Code.
(E) Upon the filing of a motion pursuant to division (B) of this section,
the offender or delinquent child shall serve a copy of the motion on the
prosecutor who handled the case in which the eligible offender was convicted
of, pleaded guilty to, or was adjudicated a delinquent child for committing
the sexually oriented offense or child-victim oriented offense. Upon the
filing of the motion, the court shall set a tentative date for a hearing on
the motion that is not later than one hundred eighty days from the date the
motion is filed unless good cause exists to hold the hearing at a later date
and shall notify the eligible offender and the prosecutor of the date, time,
and place of the hearing. The court shall then forward a copy of the motion
and its supporting documentation to the court’s probation department or
another appropriate agency to investigate the merits of the motion. The
probation department or agency shall submit a written report detailing its
investigation to the court within sixty days of receiving the motion and
supporting documentation.
Upon receipt of the written report from the probation department or other
appropriate agency, the court shall forward a copy of the motion, supporting
documentation, and the written report to the prosecutor.
(F)(1) After the prosecutor is served with a copy of the motion as
described in division (E) of this section, the prosecutor shall notify the
victim of any offense for which the eligible offender is requesting a
termination of duties under sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code. The victim may submit a written statement to the prosecutor
regarding any knowledge the victim has of the eligible offender’s conduct
while subject to the duties imposed by sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code.
(2) At least seven days before the hearing date, the prosecutor may file an
objection to the motion with the court and serve a copy of the objection to
the motion to the eligible offender or the eligible offender’s attorney.
(G) In addition to the evidence that accompanies the motion described in
division (D) of this section and the written report submitted pursuant to
division (E) of this section, in determining whether to grant a motion made
under division (B) of this section, the court may consider any other evidence
the court considers relevant, including, but not limited to, evidence of the
following while the eligible offender has been subject to the duties imposed
under sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code:
(1) Whether the eligible offender’s driver’s license, commercial
driver’s license, temporary instruction permit, probationary license, or
nonresident operating privilege has ever been suspended;
(2) Whether the eligible offender has maintained financial responsibility
for a motor vehicle as required by section 4509.101
of the Revised Code;
(3) Whether the eligible offender has satisfied any child or spousal
support obligations, if applicable;
(4) Whether the eligible offender has paid all local, state, and federal
income taxes, and has timely filed all associated income tax returns, as
required by local, state, or federal law;
(5) Whether there is evidence that the eligible offender has adequately
addressed sex offending or child-victim offending behaviors;
(6) Whether the eligible offender has maintained a residence for a
substantial period of time;
(7) Whether the eligible offender has maintained employment or, if the
eligible offender has not been employed while under a duty to comply with
sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code, whether the eligible offender has satisfied the offender’s
financial obligations through other manners of support such as disability
payments, a pension, spousal or child support, or scholarships or grants;
(8) Whether the eligible offender has adequately addressed any drug or
alcohol abuse or addiction;
(9) Letters of reference;
(10) Documentation of the eligible offender’s service to the community or
to specific individuals in need.
(H)(1) The court, without a hearing, may issue an order denying the
eligible offender’s motion to terminate the eligible offender’s duty to
comply with sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code if the court, based on the evidence submitted with the motion
pursuant to division (D) of this section and the written report submitted
pursuant to division (E) of this section and after considering the factors
described in division (G) of this section, finds that those duties should not
be terminated.
(2) If the prosecutor does not file an objection to the eligible
offender’s application as provided in division (F)(2) of this section, the
court, without a hearing, may issue an order that terminates the eligible
offender’s duty to comply with sections 2950.04,
2950.041, 2950.05,
and 2950.06 of
the Revised Code if the court, based on the evidence submitted with the motion
pursuant to division (D) of this section and the written report submitted
pursuant to division (E) of this section and after considering the factors
described in division (G) of this section, finds that those duties should be
terminated.
(3) If the court does not issue an order under division (H)(1) or (2) of
this section, the court shall hold a hearing to determine whether to grant or
deny the motion. At the hearing, the 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.
At the hearing, the eligible offender has the burden of going forward with the
evidence and the burden of proof by a preponderance of the evidence. If, after
considering the evidence submitted with the motion pursuant to division (D) of
this section, the written report submitted pursuant to division (E) of this
section, and the factors described in division (G) of this section, the court
finds that the eligible offender has satisfied the burden of proof, the court
shall issue an order that terminates the eligible offender’s duty to comply
with sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code. If the court finds that the eligible offender has not
satisfied the burden of proof, the court shall issue an order denying the
motion.
(4)(a) The court shall provide prompt notice of its order issued pursuant
to division (H)(1), (2), or (3) of this section to the eligible offender or
the eligible offender’s attorney.
(b) If the court issues an order terminating the eligible offender’s duty
to comply with sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code, the court shall promptly forward a copy of the order to the
bureau of criminal identification and investigation. Upon receipt of the
order, the bureau shall update all records pertaining to the eligible offender
to reflect the termination order. The bureau also shall notify every sheriff
with whom the eligible offender has most recently registered under section 2950.04,
2950.041, or 2950.05 of the
Revised Code of the termination order.
(c) If the court issues an order terminating the eligible offender’s duty
to comply with sections 2950.04, 2950.041,
2950.05,
and 2950.06 of
the Revised Code, the court shall promptly forward a copy of the order to any
court that sentenced the offender or adjudicated the child a delinquent child
for a sexually oriented offense or child-victim oriented offense that is the
basis of the termination order. The court that receives this notice shall
retain a copy of the order in the eligible offender’s original case file.
HISTORY: SB10
01-01-2008.
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