Ohio § 2950.01

§ 2950.01.

As used in this chapter, unless the context clearly requires otherwise: (A) “ Sexually oriented offense ” means any of the following violations or offenses committed by a person, regardless

of the person's age: (1) A violation of section 2907.02 , 2907.03 , 2907.05 , 2907.06 , 2907.07 , 2907.08 , 2907.21 , 2907.22 , 2907.32 , 2907.321 , 2907.322 , or 2907.323 of the Revised Code ; (2) A violation of section 2907.04 of the Revised Code when the offender is less than four years older than the other person with whom the

offender engaged in sexual conduct, the other person did not consent to the sexual

conduct, and the offender previously has not been convicted of or pleaded guilty to

a violation of section 2907.02 , 2907.03 , or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code; (3) A violation of section 2907.04 of the Revised Code when the offender is at least four years older than the other person with whom the

offender engaged in sexual conduct or when the offender is less than four years older

than the other person with whom the offender engaged in sexual conduct and the offender

previously has been convicted of or pleaded guilty to a violation of section 2907.02 , 2907.03 , or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code; (4) A violation of section 2903.01 , 2903.02 , or 2903.11 of the Revised Code when the violation was committed with a sexual motivation; (5) A violation of division (A) of section 2903.04 of the Revised Code when the offender committed or attempted to commit the felony that is the basis of

the violation with a sexual motivation; (6) A violation of division (A)(3) of section 2903.211 of the Revised Code ; (7) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised

Code when the offense is committed with a sexual motivation; (8) A violation of division (A)(4) of section 2905.01 of the Revised Code ; (9) A violation of division (B) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age and the offender is

not a parent of the victim of the offense; (10) A violation of division (B) of section 2903.03 , of division (B) of section 2905.02 , of division (B) of section 2905.03 , of division (B) of section 2905.05 , or of division (B)(5) of section 2919.22 of the Revised Code ; (11) A violation of section 2905.32 of the Revised Code when either of the following applies: (a) The violation is a violation of division (A)(1) of that section and the offender

knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained,

or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport,

provide, obtain, or maintain, another person knowing that the person would be compelled

to engage in sexual activity for hire, engage in a performance that was obscene, sexually

oriented, or nudity oriented, or be a model or participant in the production of material

that was obscene, sexually oriented, or nudity oriented. (b) The violation is a violation of division (A)(2) of that section and the offender

knowingly recruited, lured, enticed, isolated, harbored, transported, provided, obtained,

or maintained, or knowingly attempted to recruit, lure, entice, isolate, harbor, transport,

provide, obtain, or maintain a person who is less than eighteen years of age or is

a person with a developmental disability whom the offender knows or has reasonable

cause to believe is a person with a developmental disability for any purpose listed

in divisions (A)(2)(a) to (c) of that section. (12) A violation of division (B)(4) of section 2907.09 of the Revised Code if the sentencing court classifies the offender as a tier I sex offender/child-victim

offender relative to that offense pursuant to division (D) of that section; (13) A violation of any former law of this state, any existing or former municipal ordinance

or law of another state or the United States, any existing or former law applicable

in a military court or in an Indian tribal court, or any existing or former law of

any nation other than the United States that is or was substantially equivalent to

any offense listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),

(11), or (12) of this section; (14) Any attempt to commit, conspiracy to commit, or complicity in committing any offense

listed in division (A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12),

or (13) of this section. (B)(1) “ Sex offender ” means, subject to division (B)(2) of this section, a person who is convicted of,

pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent

child for committing, or has been adjudicated a delinquent child for committing any

sexually oriented offense. (2) “Sex offender” does not include a person who is convicted of, pleads guilty to, has

been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing,

or has been adjudicated a delinquent child for committing a sexually oriented offense

if the offense involves consensual sexual conduct or consensual sexual contact and

either of the following applies: (a) The victim of the sexually oriented offense was eighteen years of age or older and

at the time of the sexually oriented offense was not under the custodial authority

of the person who is convicted of, pleads guilty to, has been convicted of, has pleaded

guilty to, is adjudicated a delinquent child for committing, or has been adjudicated

a delinquent child for committing the sexually oriented offense. (b) The victim of the offense was thirteen years of age or older, and the person who

is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is

adjudicated a delinquent child for committing, or has been adjudicated a delinquent

child for committing the sexually oriented offense is not more than four years older

than the victim. (C) “ Child-victim oriented offense ” means any of the following violations or offenses committed by a person, regardless

of the person's age, when the victim is under eighteen years of age and is not a child

of the person who commits the violation: (1) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised

Code when the violation is not included in division (A)(7) of this section; (2) A violation of division (A) of section 2905.02 , division (A) of section 2905.03 , or division (A) of section 2905.05 of the Revised Code ; (3) A violation of any former law of this state, any existing or former municipal ordinance

or law of another state or the United States, any existing or former law applicable

in a military court or in an Indian tribal court, or any existing or former law of

any nation other than the United States that is or was substantially equivalent to

any offense listed in division (C)(1) or (2) of this section; (4) Any attempt to commit, conspiracy to commit, or complicity in committing any offense

listed in division (C)(1), (2), or (3) of this section. (D) “ Child-victim offender ” means a person who is convicted of, pleads guilty to, has been convicted of, has

pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated

a delinquent child for committing any child-victim oriented offense. (E) “ Tier I sex offender/child-victim offender ” means any of the following: (1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has

pleaded guilty to any of the following sexually oriented offenses: (a) A violation of section 2907.06 , 2907.07 , 2907.08 , 2907.22 , or 2907.32 of the Revised Code ; (b) A violation of section 2907.04 of the Revised Code when the offender is less than four years older than the other person with whom the

offender engaged in sexual conduct, the other person did not consent to the sexual

conduct, and the offender previously has not been convicted of or pleaded guilty to

a violation of section 2907.02 , 2907.03 , or 2907.04 of the Revised Code or a violation of former section 2907.12 of the Revised Code; (c) A violation of division (A)(1), (2), (3), or (5) of section 2907.05 of the Revised

Code; (d) A violation of division (A)(3) of section 2907.323 of the Revised Code ; (e) A violation of division (A)(3) of section 2903.211 , of division (B) of section 2905.03 , or of division (B) of section 2905.05 of the Revised Code ; (f) A violation of division (B)(4) of section 2907.09 of the Revised Code if the sentencing court classifies the offender as a tier I sex offender/child-victim

offender relative to that offense pursuant to division (D) of that section; (g) A violation of any former law of this state, any existing or former municipal ordinance

or law of another state or the United States, any existing or former law applicable

in a military court or in an Indian tribal court, or any existing or former law of

any nation other than the United States, that is or was substantially equivalent to

any offense listed in division (E)(1)(a), (b), (c), (d), (e), or (f) of this section; (h) Any attempt to commit, conspiracy to commit, or complicity in committing any offense

listed in division (E)(1)(a), (b), (c), (d), (e), (f), or (g) of this section. (2) A child-victim offender who is convicted of, pleads guilty to, has been convicted

of, or has pleaded guilty to a child-victim oriented offense and who is not within

either category of child-victim offender described in division (F)(2) or (G)(2) of

this section. (3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated

a delinquent child for committing any sexually oriented offense and who a juvenile

court, pursuant to section 2152.82 , 2152.83 , 2152.84 , or 2152.85 of the Revised Code , classifies a tier I sex offender/child-victim offender relative to the offense. (4) A child-victim offender who is adjudicated a delinquent child for committing or has

been adjudicated a delinquent child for committing any child-victim oriented offense

and who a juvenile court, pursuant to section 2152.82 , 2152.83 , 2152.84 , or 2152.85 of the Revised Code , classifies a tier I sex offender/child-victim offender relative to the offense. (F) “ Tier II sex offender/child-victim offender ” means any of the following: (1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has

pleaded guilty to any of the following sexually oriented offenses: (a) A violation of section 2907.21 , 2907.321 , or 2907.322 of the Revised Code ; (b) A violation of section 2907.04 of the Revised Code when the offender is at least four years older than the other person with whom the

offender engaged in sexual conduct, or when the offender is less than four years older

than the other person with whom the offender engaged in sexual conduct and the offender

previously has been convicted of or pleaded guilty to a violation of section 2907.02 , 2907.03 , or 2907.04 of the Revised Code or former section 2907.12 of the Revised Code; (c) A violation of section 2907.03 of the Revised Code if the sexual activity involved is sexual contact; (d) A violation of division (A)(4) of section 2907.05 or of division (A)(1) or (2) of section 2907.323 of the Revised Code ; (e) A violation of division (A)(1), (2), (3), or (5) of section 2905.01 of the Revised

Code when the offense is committed with a sexual motivation; (f) A violation of division (A)(4) of section 2905.01 of the Revised Code when the victim of the offense is eighteen years of age or older; (g) A violation of division (B) of section 2905.02 or of division (B)(5) of section 2919.22 of the Revised Code ; (h) A violation of section 2905.32 of the Revised Code that is described in division (A)(11)(a) or (b) of this section; (i) A violation of any former law of this state, any existing or former municipal ordinance

or law of another state or the United States, any existing or former law applicable

in a military court or in an Indian tribal court, or any existing or former law of

any nation other than the United States that is or was substantially equivalent to

any offense listed in division (F)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of

this section; (j) Any attempt to commit, conspiracy to commit, or complicity in committing any offense

listed in division (F)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this section; (k) Any sexually oriented offense that is committed after the sex offender previously

has been convicted of, pleaded guilty to, or has been adjudicated a delinquent child

for committing any sexually oriented offense or child-victim oriented offense for

which the offender was classified a tier I sex offender/child-victim offender. (2) A child-victim offender who is convicted of, pleads guilty to, has been convicted

of, or has pleaded guilty to any child-victim oriented offense when the child-victim

oriented offense is committed after the child-victim offender previously has been

convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing

any sexually oriented offense or child-victim oriented offense for which the offender

was classified a tier I sex offender/child-victim offender. (3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated

a delinquent child for committing any sexually oriented offense and who a juvenile

court, pursuant to section 2152.82 , 2152.83 , 2152.84 , or 2152.85 of the Revised Code , classifies a tier II sex offender/child-victim offender relative to the offense. (4) A child-victim offender who is adjudicated a delinquent child for committing or has

been adjudicated a delinquent child for committing any child-victim oriented offense

and whom a juvenile court, pursuant to section 2152.82 , 2152.83 , 2152.84 , or 2152.85 of the Revised Code , classifies a tier II sex offender/child-victim offender relative to the current

offense. (5) A sex offender or child-victim offender who is not in any category of tier II sex

offender/child-victim offender set forth in division (F)(1), (2), (3), or (4) of this

section, who prior to January 1, 2008, was adjudicated a delinquent child for committing

a sexually oriented offense or child-victim oriented offense, and who prior to that

date was determined to be a habitual sex offender or determined to be a habitual child-victim

offender, unless either of the following applies: (a) The sex offender or child-victim offender is reclassified pursuant to section 2950.031 or 2950.032 of the Revised Code as a tier I sex offender/child-victim offender or a tier III sex offender/child-victim

offender relative to the offense. (b) A juvenile court, pursuant to section 2152.82 , 2152.83 , 2152.84 , or 2152.85 of the Revised Code , classifies the child a tier I sex offender/child-victim offender or a tier III sex

offender/child-victim offender relative to the offense. (G) “ Tier III sex offender/child-victim offender ” means any of the following: (1) A sex offender who is convicted of, pleads guilty to, has been convicted of, or has

pleaded guilty to any of the following sexually oriented offenses: (a) A violation of section 2907.02 of the Revised Code or a violation of section 2907.03 of the Revised Code if the sexual activity involved is sexual conduct; (b) A violation of division (B) of section 2907.05 of the Revised Code ; (c) A violation of section 2903.01 , 2903.02 , or 2903.11 of the Revised Code when the violation was committed with a sexual motivation; (d) A violation of division (A) of section 2903.04 of the Revised Code when the offender committed or attempted to commit the felony that is the basis of

the violation with a sexual motivation; (e) A violation of division (A)(4) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age; (f) A violation of division (B) of section 2905.01 of the Revised Code when the victim of the offense is under eighteen years of age and the offender is

not a parent of the victim of the offense; (g) A violation of division (B) of section 2903.03 of the Revised Code ; (h) A violation of any former law of this state, any existing or former municipal ordinance

or law of another state or the United States, any existing or former law applicable

in a military court or in an Indian tribal court, or any existing or former law of

any nation other than the United States that is or was substantially equivalent to

any offense listed in division (G)(1)(a), (b), (c), (d), (e), (f), or (g) of this

section; (i) Any attempt to commit, conspiracy to commit, or complicity in committing any offense

listed in division (G)(1)(a), (b), (c), (d), (e), (f), (g), or (h) of this section; (j) Any sexually oriented offense that is committed after the sex offender previously

has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for

committing any sexually oriented offense or child-victim oriented offense for which

the offender was classified a tier II sex offender/child-victim offender or a tier

III sex offender/child-victim offender. (2) A child-victim offender who is convicted of, pleads guilty to, has been convicted

of, or has pleaded guilty to any child-victim oriented offense when the child-victim

oriented offense is committed after the child-victim offender previously has been

convicted of, pleaded guilty to, or been adjudicated a delinquent child for committing

any sexually oriented offense or child-victim oriented offense for which the offender

was classified a tier II sex offender/child-victim offender or a tier III sex offender/child-victim

offender. (3) A sex offender who is adjudicated a delinquent child for committing or has been adjudicated

a delinquent child for committing any sexually oriented offense and who a juvenile

court, pursuant to section 2152.82 , 2152.83 , 2152.84 , or 2152.85 of the Revised Code , classifies a tier III sex offender/child-victim offender relative to the offense. (4) A child-victim offender who is adjudicated a delinquent child for committing or has

been adjudicated a delinquent child for committing any child-victim oriented offense

and whom a juvenile court, pursuant to section 2152.82 , 2152.83 , 2152.84 , or 2152.85 of the Revised Code , classifies a tier III sex offender/child-victim offender relative to the current

offense. (5) A sex offender or child-victim offender who is not in any category of tier III sex

offender/child-victim offender set forth in division (G)(1), (2), (3), or (4) of this

section, who prior to January 1, 2008, was convicted of or pleaded guilty to a sexually

oriented offense or child-victim oriented offense or was adjudicated a delinquent

child for committing a sexually oriented offense or child-victim oriented offense

and classified a juvenile offender registrant, and who prior to that date was adjudicated

a sexual predator or adjudicated a child-victim predator, unless either of the following

applies: (a) The sex offender or child-victim offender is reclassified pursuant to section 2950.031 or 2950.032 of the Revised Code as a tier I sex offender/child-victim offender or a tier II sex offender/child-victim

offender relative to the offense. (b) The sex offender or child-victim offender is a delinquent child, and a juvenile court,

pursuant to section 2152.82 , 2152.83 , 2152.84 , or 2152.85 of the Revised Code , classifies the child a tier I sex offender/child-victim offender or a tier II sex

offender/child-victim offender relative to the offense. (6) A sex offender who is convicted of, pleads guilty to, was convicted of, or pleaded

guilty to a sexually oriented offense, if the sexually oriented offense and the circumstances

in which it was committed are such that division (F) of section 2971.03 of the Revised Code automatically classifies the offender as a tier III sex offender/child-victim offender; (7) A sex offender or child-victim offender who is convicted of, pleads guilty to, was

convicted of, pleaded guilty to, is adjudicated a delinquent child for committing,

or was adjudicated a delinquent child for committing a sexually oriented offense or

child-victim offense in another state, in a federal court, military court, or Indian

tribal court, or in a court in any nation other than the United States if both of

the following apply: (a) Under the law of the jurisdiction in which the offender was convicted or pleaded

guilty or the delinquent child was adjudicated, the offender or delinquent child is

in a category substantially equivalent to a category of tier III sex offender/child-victim

offender described in division (G)(1), (2), (3), (4), (5), or (6) of this section. (b) Subsequent to the conviction, plea of guilty, or adjudication in the other jurisdiction,

the offender or delinquent child resides, has temporary domicile, attends school or

an institution of higher education, is employed, or intends to reside in this state

in any manner and for any period of time that subjects the offender or delinquent

child to a duty to register or provide notice of intent to reside under section 2950.04 or 2950.041 of the Revised Code . (H) “ Confinement ” includes, but is not limited to, a community residential sanction imposed pursuant

to section 2929.16 or 2929.26 of the Revised Code . (I) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code . (J) “ Supervised release ” means a release of an offender from a prison term, a term of imprisonment, or another

type of confinement that satisfies either of the following conditions: (1) The release is on parole, a conditional pardon, under a community control sanction,

under transitional control, or under a post-release control sanction, and it requires

the person to report to or be supervised by a parole officer, probation officer, field

officer, or another type of supervising officer. (2) The release is any type of release that is not described in division (J)(1) of this

section and that requires the person to report to or be supervised by a probation

officer, a parole officer, a field officer, or another type of supervising officer. (K) “Sexually violent predator specification,” “sexually violent predator,” “sexually

violent offense,” “sexual motivation specification,” “designated homicide, assault,

or kidnapping offense,” and “violent sex offense” have the same meanings as in section 2971.01 of the Revised Code . (L) “Post-release control sanction” and “transitional control” have the same meanings

as in section 2967.01 of the Revised Code . (M) “ Juvenile offender registrant ” means a person who is adjudicated a delinquent child for committing on or after

January 1, 2002, a sexually oriented offense or a child-victim oriented offense, who

is fourteen years of age or older at the time of committing the offense, and who a

juvenile court judge, pursuant to an order issued under section 2152.82 , 2152.83 , 2152.84 , 2152.85 , or 2152.86 of the Revised Code , classifies a juvenile offender registrant and specifies has a duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code .  “ Juvenile offender registrant ” includes a person who prior to January 1, 2008, was a “juvenile offender registrant”

under the definition of the term in existence prior to January 1, 2008, and a person

who prior to July 31, 2003, was a “juvenile sex offender registrant” under the former

definition of that former term. (N) “ Public registry-qualified juvenile offender registrant ” means a person who is adjudicated a delinquent child and on whom a juvenile court

has imposed a serious youthful offender dispositional sentence under section 2152.13 of the Revised Code before, on, or after January 1, 2008, and to whom all of the following apply: (1) The person is adjudicated a delinquent child for committing, attempting to commit,

conspiring to commit, or complicity in committing one 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) The person was fourteen, fifteen, sixteen, or seventeen years of age at the time

of committing the act. (3) A juvenile court judge, pursuant to an order issued under section 2152.86 of the Revised Code , classifies the person a juvenile offender registrant, specifies the person has a

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

and the classification of the person as a public registry-qualified juvenile offender

registrant has not been terminated pursuant to division (D) of section 2152.86 of the Revised Code . (O) “ Secure facility ” means any facility that is designed and operated to ensure that all of its entrances

and exits are locked and under the exclusive control of its staff and to ensure that,

because of that exclusive control, no person who is institutionalized or confined

in the facility may leave the facility without permission or supervision. (P) “ Out-of-state juvenile offender registrant ” means a person who is adjudicated a delinquent child in a court in another state,

in a federal court, military court, or Indian tribal court, or in a court in any nation

other than the United States for committing a sexually oriented offense or a child-victim

oriented offense, who on or after January 1, 2002, moves to and resides in this state

or temporarily is domiciled in this state for more than five days, and who has a duty

under section 2950.04 or 2950.041 of the Revised Code to register in this state and the duty to otherwise comply with that applicable section

and sections 2950.05 and 2950.06 of the Revised Code .  “ Out-of-state juvenile offender registrant ” includes a person who prior to January 1, 2008, was an “out-of-state juvenile offender

registrant” under the definition of the term in existence prior to January 1, 2008,

and a person who prior to July 31, 2003, was an “out-of-state juvenile sex offender

registrant” under the former definition of that former term. (Q) “ Juvenile court judge ” includes a magistrate to whom the juvenile court judge confers duties pursuant to division (A)(15) of section 2151.23 of the Revised Code . (R) “ Adjudicated a delinquent child for committing a sexually oriented offense ” includes a child who receives a serious youthful offender dispositional sentence

under section 2152.13 of the Revised Code for committing a sexually oriented offense. (S) “School” and “school premises” have the same meanings as in section 2925.01 of the Revised Code . (T) “ Residential premises ” means the building in which a residential unit is located and the grounds upon which

that building stands, extending to the perimeter of the property.  “ Residential premises ” includes any type of structure in which a residential unit is located, including,

but not limited to, multi-unit buildings and mobile and manufactured homes. (U) “ Residential unit ” means a dwelling unit for residential use and occupancy, and includes the structure

or part of a structure that is used as a home, residence, or sleeping place by one

person who maintains a household or two or more persons who maintain a common household.  “Residential unit” does not include a halfway house or a community-based correctional

facility. (V) “ Multi-unit building ” means a building in which is located more than twelve residential units that have

entry doors that open directly into the unit from a hallway that is shared with one

or more other units.  A residential unit is not considered located in a multi-unit building if the unit

does not have an entry door that opens directly into the unit from a hallway that

is shared with one or more other units or if the unit is in a building that is not

a multi-unit building as described in this division. (W) “Community control sanction” has the same meaning as in section 2929.01 of the Revised Code . (X) “Halfway house” and “community-based correctional facility” have the same meanings

as in section 2929.01 of the Revised Code . (Y) A person is in a “restricted offender category” if both of the following apply with

respect to the person: (1) The person has been convicted of, is convicted of, has pleaded guilty to, or pleads

guilty to a sexually oriented offense where the victim was under the age of eighteen

or a child-victim oriented offense. (2) With respect to the offense described in division (Y)(1) of this section, one of

the following applies: (a) With respect to that offense, the person is a tier II sex offender/child-victim offender

or is a tier III sex offender/child-victim offender who is subject to the duties imposed

by sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code . (b) With respect to that offense if it was committed prior to January 1, 2008, under

the version of Chapter 2950. of the Revised Code in effect prior to January 1, 2008,

the person was adjudicated a sexual predator, was adjudicated a child-victim predator,

was classified a habitual sex offender, or was classified a habitual child-victim

sex offender. (Z) “Adjudicated a sexual predator,” “adjudicated a child-victim predator,” “habitual

sex offender,” and “habitual child-victim offender” have the meanings of those terms

that applied to them under Chapter 2950. of the Revised Code prior to January 1, 2008. (AA) “ Fixed residence address ” means a permanent residential address.  “Fixed residence address” does not include a temporary address, including a place

or places that a homeless person stays or intends to stay, unless that place is a

shelter that intends to allow the homeless person to stay for thirty or more consecutive

days. (BB) “Homeless” has the same meaning as in 42 U.S.C. 11302 .