Ohio § 2152.86

§ 2152.86.

(A)(1) The court that, on or after January 1, 2008, adjudicates a child a delinquent child

for committing an act shall issue as part of the dispositional order an order that

classifies the child a juvenile offender registrant, specifies that the child has

a duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code , and additionally classifies the child a public registry-qualified juvenile offender

registrant if the child was fourteen, fifteen, sixteen, or seventeen years of age

at the time of committing the act, the court imposed on the child a serious youthful

offender dispositional sentence under section 2152.13 of the Revised Code , and the child is adjudicated a delinquent child for committing, attempting to commit,

conspiring to commit, or complicity in committing any of the following acts: (a) A violation of section 2907.02 of the Revised Code , division (B) of section 2907.05 of the Revised Code , or section 2907.03 of the Revised Code if the victim of the violation was less than twelve years of age; (b) A violation of section 2903.01 , 2903.02 , or 2905.01 of the Revised Code that was committed with a purpose to gratify the sexual needs or desires of the child; (c) A violation of division (B) of section 2903.03 of the Revised Code . (2) Upon a child's release, on or after January 1, 2008, from the department of youth

services, the court shall issue an order that classifies the child a juvenile offender

registrant, specifies that the child has a duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code , and additionally classifies the child a public registry-qualified juvenile offender

registrant if all of the following apply: (a) The child was adjudicated a delinquent child, and a juvenile court imposed on the

child a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code for committing one of the acts described in division (A)(1)(a) or (b) of this section

or for committing on or after the effective date of this amendment a violation of division (B) of section 2903.03 of the Revised Code . (b) The child was fourteen, fifteen, sixteen, or seventeen years of age at the time of

committing the act. (c) The court did not issue an order classifying the child as both a juvenile offender

registrant and a public registry-qualified juvenile offender registrant pursuant to

division (A)(1) of this section. (3) If a court issued an order classifying a child a juvenile offender registrant pursuant

to section 2152.82 or 2152.83 of the Revised Code prior to January 1, 2008, not later than February 1, 2008, the court shall issue

a new order that reclassifies the child as a juvenile offender registrant, specifies

that the child has a duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code , and additionally classifies the child a public registry-qualified juvenile offender

registrant if all of the following apply: (a) The sexually oriented offense that was the basis of the previous order that classified

the child a juvenile offender registrant was an act described in division (A)(1)(a)

or (b) of this section. (b) The child was fourteen, fifteen, sixteen, or seventeen years of age at the time of

committing the act. (c) The court imposed on the child a serious youthful offender dispositional sentence

under section 2152.13 of the Revised Code for the act described in division (A)(1)(a) or (b) of this section. (B)(1) If an order is issued under division (A)(1), (2), or (3) of this section, the classification

of tier III sex offender/child-victim offender automatically applies to the delinquent

child based on the sexually oriented offense the child committed, subject to a possible

reclassification pursuant to division (D) of this section for a child whose delinquent

act was committed prior to January 1, 2008.  If an order is issued under division (A)(2) of this section regarding a child whose

delinquent act described in division (A)(1)(a) or (b) of this section was committed

prior to January 1, 2008, or if an order is issued under division (A)(3) of this section

regarding a delinquent child, the order shall inform the child and the child's parent,

guardian, or custodian, that the child has a right to a hearing as described in division

(D) of this section and inform the child and the child's parent, guardian, or custodian

of the procedures for requesting the hearing and the period of time within which the

request for the hearing must be made. Section 2152.831 of the Revised Code does not apply regarding an order issued under division (A)(1), (2), or (3) of this

section. (2) The judge that issues an order under division (A)(1), (2), or (3) of this section

shall provide to the delinquent child who is the subject of the order and to the delinquent

child's parent, guardian, or custodian the notice required under divisions (A) and (B) of section 2950.03 of the Revised Code and shall provide as part of that notice a copy of the order required under division

(A)(1), (2), or (3) of this section.  The judge shall include the order in the delinquent child's dispositional order

and shall specify in the dispositional order that the order issued under division

(A)(1), (2), or (3) of this section was made pursuant to this section. (C) An order issued under division (A)(1), (2), or (3) of this section shall remain in

effect for the period of time specified in section 2950.07 of the Revised Code as it exists on and after January 1, 2008, subject to a judicial termination of that

period of time as provided in section 2950.15 of the Revised Code , subject to a possible reclassification of the child pursuant to division (D) of

this section if the child's delinquent act was committed prior to January 1, 2008.  If an order is issued under division (A)(1), (2), or (3) of this section, the child's

attainment of eighteen or twenty-one years of age does not affect or terminate the

order, and the order remains in effect for the period of time described in this division.  If an order is issued under division (A)(3) of this section, the duty to comply

with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code based upon that order shall be considered, for purposes of section 2950.07 of the Revised Code and for all other purposes, to be a continuation of the duty to comply with those

sections imposed upon the child prior to January 1, 2008, under the order issued under section 2152.82 , 2152.83 , 2152.84 , or 2152.85 and Chapter 2950 . of the Revised Code. (D)(1) If an order is issued under division (A)(2) of this section regarding a delinquent

child whose delinquent act described in division (A)(1)(a) or (b) of this section

was committed prior to January 1, 2008, or if an order is issued under division (A)(3)

of this section regarding a delinquent child, except as otherwise provided in this

division, the child may request as a matter of right a court hearing to contest the

court's classification in the order of the child as a public registry-qualified juvenile

offender registrant.  To request the hearing, not later than the date that is sixty days after the delinquent

child is provided with the copy of the order, the delinquent child shall file a petition

with the juvenile court that issued the order. If the delinquent child requests a hearing by timely filing a petition with the juvenile

court, the delinquent child shall serve a copy of the petition on the prosecutor who

handled the case in which the delinquent child was adjudicated a delinquent child

for committing the sexually oriented offense or child-victim oriented offense that

resulted in the delinquent child's registration duty under section 2950.04 or 2950.041 of the Revised Code .  The prosecutor shall represent the interest of the state in the hearing.  In any hearing under this division, the Rules of Juvenile Procedure apply except

to the extent that those Rules would by their nature be clearly inapplicable.  The court shall schedule a hearing and shall provide notice to the delinquent child

and the delinquent child's parent, guardian, or custodian and to the prosecutor of

the date, time, and place of the hearing. If the delinquent child requests a hearing in accordance with this division, until

the court issues its decision at or subsequent to the hearing, the delinquent child

shall comply with Chapter 2950. of the Revised Code as it exists on and after January

1, 2008.  If a delinquent child requests a hearing in accordance with this division, at the

hearing, all parties are entitled to be heard, and the court shall consider all relevant

information and testimony presented relative to the issue of whether the child should

be classified a public registry-qualified juvenile offender registrant.  Notwithstanding the court's classification of the delinquent child as a public registry-qualified

juvenile offender registrant, the court may terminate that classification if it determines

by clear and convincing evidence that the classification is in error. If the court decides to terminate the court's classification of the delinquent child

as a public registry-qualified juvenile offender registrant, the court shall issue

an order that specifies that it has determined that the child is not a public registry-qualified

juvenile offender registrant and that it has terminated the court's classification

of the delinquent child as a public registry-qualified juvenile offender registrant.  The court promptly shall serve a copy of the order upon the sheriff with whom the

delinquent child most recently registered under section 2950.04 or 2950.041 of the Revised Code and upon the bureau of criminal identification and investigation.  The delinquent child and the prosecutor have the right to appeal the decision of

the court issued under this division. If the delinquent child fails to request a hearing in accordance with this division

within the applicable sixty-day period specified in this division, the failure constitutes

a waiver by the delinquent child of the delinquent child's right to a hearing under

this division, and the delinquent child is bound by the court's classification of

the delinquent child as a public registry-qualified juvenile offender registrant. (2) An order issued under division (D)(1) of this section is independent of any order

of a type described in division (F) of section 2950.031 of the Revised Code or division (E) of section 2950.032 of the Revised Code , and the court may issue an order under both division (D)(1) of this section and

an order of a type described in division (F) of section 2950.031 of the Revised Code or division (E) of section 2950.032 of the Revised Code .  A court that conducts a hearing under division (D)(1) of this section may consolidate

that hearing with a hearing conducted for the same delinquent child under division (F) of section 2950.031 of the Revised Code or division (E) of section 2950.032 of the Revised Code .