Ohio § 2950.031

§ 2950.031.

(A)(1) At any time on or after July 1, 2007, and not later than December 1, 2007, the attorney

general shall determine for each offender or delinquent child who prior to December

1, 2007, has registered a residence, school, institution of higher education, or place

of employment address pursuant to section 2950.04 , 2950.041 , or 2950.05 of the Revised Code the offender's or delinquent child's new classification as a tier I sex offender/child-victim

offender, a tier II sex offender/child-victim offender, or a tier III sex offender/child-victim

offender under Chapter 2950. of the Revised Code as it will exist under the changes

that will be implemented on January 1, 2008, the offender's or delinquent child's

duties under Chapter 2950. of the Revised Code as so changed, and, regarding a delinquent

child, whether the child is a public registry-qualified juvenile offender registrant. (2) At any time on or after July 1, 2007, and not later than December 1, 2007, the attorney

general shall send to each offender or delinquent child who prior to December 1, 2007,

has registered a residence, school, institution of higher education, or place of employment

address pursuant to section 2950.04 , 2950.041 , or 2950.05 of the Revised Code a registered letter that contains the information described in this division.  The registered letter shall be sent return receipt requested to the last reported

address of the person and, if the person is a delinquent child, the last reported

address of the parents of the delinquent child.  The letter sent to an offender or to a delinquent child and the delinquent child's

parents pursuant to this division shall notify the offender or the delinquent child

and the delinquent child's parents of all of the following: (a) The changes in Chapter 2950. of the Revised Code that will be implemented on January

1, 2008; (b) Subject to division (A)(2)(c) of this section, the offender's or delinquent child's

new classification as a tier I sex offender/child-victim offender, a tier II sex offender/child-victim

offender, or a tier III sex offender/child-victim offender under Chapter 2950. of

the Revised Code as it will exist under the changes that will be implemented on January

1, 2008, the offender's or delinquent child's duties under Chapter 2950. of the Revised

Code as so changed and the duration of those duties, whether the delinquent child

is classified a public registry-qualified juvenile offender registrant, and the information

specified in division (B) of section 2950.03 of the Revised Code to the extent it is relevant to the offender or delinquent child; (c) The fact that the offender or delinquent child has a right to a hearing as described

in division (E) of this section, the procedures for requesting the hearing, and the

period of time within which the request for the hearing must be made. (d) If the offender's or delinquent child's duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code is scheduled to terminate on or after July 1, 2007, and prior to January 1, 2008,

under the version of section 2950.07 of the Revised Code that is in effect prior to January 1, 2008, a summary of the provisions of section 2950.033 of the Revised Code and the application of those provisions to the offender or delinquent child, provided

that this division applies to a delinquent child only if the child is in a category

specified in division (C) of section 2950.033 of the Revised Code . (3) The attorney general shall make the determinations described in division (A)(1) of

this section for each offender or delinquent child who has registered an address as

described in that division, even if the offender's duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date or the delinquent child is in a category specified

in division (C) of section 2950.033 of the Revised Code and the child's duty to comply with those sections is scheduled to terminate prior

to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date.  The attorney general shall send the registered letter described in division (A)(2)

of this section to each offender or delinquent child who has registered an address

as described in that division even if the offender's duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date, or the delinquent child is in a category specified

in division (C) of section 2950.033 of the Revised Code , and the child's duty to comply with those sections is scheduled to terminate prior

to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date. Section 2950.033 of the Revised Code applies to any offender who has registered an address as described in division (A)(1)

or (2) of this section and whose duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code is scheduled to terminate prior to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date, or the delinquent child is in a category specified

in division (C) of section 2950.033 of the Revised Code , and the child's duty to comply with those sections is scheduled to terminate prior

to January 1, 2008, under the version of section 2950.07 of the Revised Code that is in effect prior to that date. (B) If a sheriff informs the attorney general pursuant to section 2950.043 of the Revised Code that an offender or delinquent child registered with the sheriff pursuant to section 2950.04 or 2950.041 of the Revised Code on or after December 1, 2007, that the offender or delinquent child previously had

not registered under either section with that sheriff or any other sheriff, and that

the offender or delinquent child was convicted of, pleaded guilty to, or was classified

a juvenile offender registrant relative to the sexually oriented offense or child-victim

oriented offense upon which the registration was based prior to December 1, 2007,

within fourteen days after being so informed of the registration and receiving the

information and material specified in division (D) of that section, the attorney general

shall determine for the offender or delinquent child all of the matters specified

in division (A)(1) of this section.  Upon making the determinations, the attorney general immediately shall send to the

offender or to the delinquent child and the delinquent child's parents a registered

letter pursuant to division (A)(2) of this section that contains the information specified

in that division. (C) The attorney general shall maintain the return receipts for all offenders, delinquent

children, and parents of delinquent children who are sent a registered letter under

division (A) or (B) of this section.  For each offender, delinquent child, and parents of a delinquent child, the attorney

general shall send a copy of the return receipt for the offender, delinquent child,

or parents to the sheriff with whom the offender or delinquent child most recently

registered a residence address and, if applicable, a school, institution of higher

education, or place of employment address and to the prosecutor who handled the case

in which the offender or delinquent child was convicted of, pleaded guilty to, or

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

child-victim oriented offense that resulted in the offender's or child's registration

duty under section 2950.04 or 2950.041 of the Revised Code .  If a return receipt indicates that the offender, delinquent child, or parents of

a delinquent child to whom the registered letter was sent does not reside or have

temporary domicile at the listed address, the attorney general immediately shall provide

notice of that fact to the sheriff with whom the offender or delinquent child registered

that residence address. (D) The attorney general shall mail to each sheriff a list of all offenders and delinquent

children who have registered a residence address or a school, institution of higher

education, or place of employment address with that sheriff and to whom a registered

letter is sent under division (A) or (B) of this section.  The list shall specify the offender's or delinquent child's new classification as

a tier I sex offender/child-victim offender, a tier II sex offender/child-victim offender,

or a tier III sex offender/child-victim offender under Chapter 2950. of the Revised

Code as it will exist under the changes that will be implemented on January 1, 2008,

the offender's or delinquent child's duties under Chapter 2950. of the Revised Code

as so changed, and, regarding a delinquent child, whether the child is a public registry-qualified

juvenile offender registrant. (E) An offender or delinquent child who is in a category described in division (A)(2)

or (B) of this section may request as a matter of right a court hearing to contest

the application to the offender or delinquent child of the new registration requirements

under Chapter 2950. of the Revised Code as it will exist under the changes that will

be implemented on January 1, 2008.  The offender or delinquent child may contest the manner in which the letter sent

to the offender or delinquent child pursuant to division (A) or (B) of this section

specifies that the new registration requirements apply to the offender or delinquent

child or may contest whether those new registration requirements apply at all to the

offender or delinquent child.  To request the hearing, the offender or delinquent child not later than the date

that is sixty days after the offender or delinquent child received the registered

letter sent by the attorney general pursuant to division (A)(2) of this section shall

file a petition with the court specified in this division.  If the offender or delinquent child resides in or is temporarily domiciled in this

state and requests a hearing, the offender or delinquent child shall file the petition

with, and the hearing shall be held in, the court of common pleas or, for a delinquent

child, the juvenile court of the county in which the offender or delinquent child

resides or temporarily is domiciled.  If the offender does not reside in and is not temporarily domiciled in this state,

the offender or delinquent child shall file the petition with, and the hearing shall

be held in, the court of common pleas of the county in which the offender registered

a school, institution of higher education, or place of employment address, but if

the offender has registered addresses of that nature in more than one county, the

offender may file such a petition in the court of only one of those counties. If the offender or delinquent child requests a hearing by timely filing a petition

with the appropriate court, the offender or delinquent child shall serve a copy of

the petition on the prosecutor of the county in which the petition is filed.  The prosecutor shall represent the interests of the state in the hearing.  In any hearing under this division, 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.  The court shall schedule a hearing, and shall provide notice to the offender or

delinquent child and prosecutor of the date, time, and place of the hearing. If an offender or delinquent child requests a hearing in accordance with this division,

until the court issues its decision at or subsequent to the hearing, the offender

or delinquent child shall comply prior to January 1, 2008, with Chapter 2950. of the

Revised Code as it exists prior to that date and shall comply on and after January

1, 2008, with Chapter 2950. of the Revised Code as it will exist under the changes

that will be implemented on that date.  If an offender or 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 application to the

offender or delinquent child of the new registration requirements under Chapter 2950.

of the Revised Code as it will exist under the changes that will be implemented on

January 1, 2008.  If, at the conclusion of the hearing, the court finds that the offender or delinquent

child has proven by clear and convincing evidence that the new registration requirements

do not apply to the offender or delinquent child in the manner specified in the letter

sent to the offender or delinquent child pursuant to division (A) or (B) of this section,

the court shall issue an order that specifies the manner in which the court has determined

that the new registration requirements do apply to the offender or delinquent child.  If at the conclusion of the hearing the court finds that the offender or delinquent

child has proven by clear and convincing evidence that the new registration requirements

do not apply to the offender or delinquent child, the court shall issue an order that

specifies that the new registration requirements do not apply to the offender or delinquent

child.  The court promptly shall serve a copy of an order issued under this division upon

the sheriff with whom the offender or delinquent child 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.  The offender or delinquent child and the prosecutor have the right to appeal the

decision of the court issued under this division. If an offender or 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 offender or delinquent child of the offender's or delinquent

child's right to a hearing under this division, and the offender or delinquent child

is bound by the determinations of the attorney general contained in the registered

letter sent to the offender or child. If a juvenile court issues an order under division (A)(2) or (3) of section 2152.86

of the Revised Code that classifies a delinquent child a public-registry qualified

juvenile offender registrant and if the child's delinquent act was committed prior

to January 1, 2008, a challenge to the classification contained in the order shall

be made pursuant to division (D) of section 2152.86 of the Revised Code .