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311.171 2003/07/01 SB
5
OLD
STATUTE
SECTION
311.171 Fees to pay costs of registering sex offenders and child-victim offenders and providing community notification.
(A) As
used in this section:
(1) "Federal poverty level" means the income level represented by the
poverty guidelines as revised annually by the United States department of health
and human services in accordance with section 673(2) of the "Omnibus
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. 9902, as amended,
for a family size equal to the size of the family of the person whose income is
being determined.
(2) "Registration year" of an offender means one of the
following:
(a) The
twelve-month period beginning on the anniversary, occurring on or after
January 1, 2004, of the date on which an offender's registration period began
in accordance with section 2950.07 of the Revised Code;
(b) The twelve-month period beginning on the date on which an offender's
registration period begins, on or after January 1, 2004, in accordance with
section 2950.07 of the Revised Code.
(B) The
sheriff may charge a fee each time a person does any of the following:
(1) Registers under section 2950.04 or 2950.041 of the Revised Code;
(2) Registers a new residence address under section 2950.05 of the Revised
Code;
(3) Verifies a current residence address under section 2950.06 of the Revised
Code.
(C) If the sheriff charges one or more fees provided for in division (B) of this
section, all of the following apply:
(1) The sheriff shall not require the payment of any fee from a delinquent child
until the delinquent child reaches eighteen years of age. When a delinquent
child reaches eighteen years of age and the sheriff charges a fee to the
delinquent child, the provisions of this section applicable to
"offenders" shall be construed to apply to the delinquent child.
(2) For an offender who has been adjudicated a sexual predator or child-victim
predator or who has a duty to register as a result of committing an aggravated
sexually oriented offense, the fees may not exceed a total of one hundred
dollars for each registration year.
(3) For an offender who has been determined to be a habitual sexual offender or
a habitual child-victim offender, who is not described in division (C)(2) of
this section, and for whom the sentencing judge has required community
notification, the fees may not exceed a total of fifty dollars for each
registration year.
(4) For an offender who has been convicted of or pleaded guilty to a sexually
oriented offense that is not a registration-exempt sexually oriented offense or
a child-victim offense and who is not described in division (C)(2) or (3) of
this section, the fees may not exceed a total of twenty-five dollars for each
registration year.
(5) An offender who is required to pay a fee shall retain the receipts received
under section 325.28 of the Revised Code for payments made during the offender's
registration year to establish that the payment of any fee will exceed the
maximum annual amount permissible under this division.
(6) The sheriff shall not refuse to register a person, register a new residence
address of a person, or verify the current residence address of a person, who
does not pay a fee the sheriff requires under this section.
(7) The sheriff shall report unpaid fees in accordance with division (C) of
section 325.31 of the Revised Code, and the county may recover those fees in a
civil action in the same manner as other money due the county.
(D) Each time a person appears before the sheriff to provide any registration or
verification specified in division (B) of this section for which the sheriff
charges a fee, the sheriff shall determine whether the person is able to pay the
fee. In making that determination, the sheriff shall determine whether the
person's income is less than one hundred twenty-five per cent of the federal
poverty level. A person whose income is equal to or greater than one hundred
twenty-five per cent of the federal poverty level shall be considered able to
pay the fee.
(E) If a sheriff determines a person's income is less than one hundred
twenty-five per cent of the federal poverty level, the sheriff shall waive
payment of the fee. If the sheriff determines a person's income is equal to or
greater than one hundred twenty-five per cent of the federal poverty level, the
sheriff may allow the person to pay the fee in accordance with a payment
schedule the sheriff establishes based on the person's ability to pay. The
sheriff shall document any waiver or alternative fee arrangement in the official
registration records of the sheriff's office and shall provide the offender with
a written copy of any waiver or alternative fee arrangement.
(F) All fees paid to a sheriff under this section shall be paid into the county
treasury to the credit of the county general fund and shall be allocated to the
sheriff to be used to defray the costs of registering sex offenders and
child-victim offenders and providing community notification under Chapter 2950.
of the Revised Code.
(G) If an offender has registered with a sheriff and subsequently relocates to a
different county during a registration year, the annual maximum amounts set
forth in division (C) of this section shall apply to the sheriff in the new
county, and that sheriff shall consider any payments already made by the
offender for purposes of determining when the applicable maximum has been met
for the offender's registration year.
HISTORY:
SB 5, 7-31-03.
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