Ohio § 2950.032

§ 2950.032.

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

general shall do all of the following: (a) For each offender who on December 1, 2007, will be serving a prison term in a state

correctional institution for a sexually oriented offense or child-victim oriented

offense, determine the offender's classification relative to that offense 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 in that chapter that will be implemented on

January 1, 2008, and the offender's duties under Chapter 2950. of the Revised Code

as so changed and provide to the department of rehabilitation and correction a document

that describes that classification and those duties; (b) For each delinquent child who has been classified a juvenile offender registrant

relative to a sexually oriented offense or child-victim oriented offense and who on

December 1, 2007, will be confined in an institution of the department of youth services

for the sexually oriented offense or child-victim oriented offense, determine the

delinquent child's classification relative to that offense 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

in that chapter that will be implemented on January 1, 2008, the delinquent child's

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

child is a public registry-qualified juvenile offender registrant and provide to the

department a document that describes that classification, those duties, and whether

the delinquent child is a public registry-qualified juvenile offender registrant. (c) For each offender and delinquent child described in division (A)(1)(a) or (b) of

this section, determine whether the attorney general is required to send a registered

letter to that offender or that delinquent child and delinquent child's parents pursuant

to section 2950.031 of the Revised Code relative to the sexually oriented offense or child-victim oriented offense for which

the offender or delinquent child is serving the prison term or is confined and, if

the attorney general is required to send such a letter to that offender or that delinquent

child and delinquent child's parents relative to that offense, include in the document

provided to the department of rehabilitation and correction or the department of youth

services under division (A)(1)(a) or (b) of this section a conspicuous notice that

the attorney general will be sending the offender or delinquent child and delinquent

child's parent the registered letter and that the department is not required to provide

to the offender or delinquent child the written notice described in division (A)(2)

of this section. (2) At any time on or after July 1, 2007, and not later than December 1, 2007, except

as otherwise described in this division, the department of rehabilitation and correction

shall provide to each offender described in division (A)(1)(a) of this section and

the department of youth services shall provide to each delinquent child described

in division (A)(1)(b) of this section and to the delinquent child's parents a written

notice that contains the information described in this division.  The department of rehabilitation and correction and the department of youth services

are not required to provide the written notice to an offender or a delinquent child

and the delinquent child's parents if the attorney general included in the document

provided to the particular department under division (A)(1)(a) or (b) of this section

notice that the attorney general will be sending that offender or that delinquent

child and the delinquent child's parents a registered letter and that the department

is not required to provide to that offender or that delinquent child and parents the

written notice.  The written notice provided to an offender or a delinquent child and the delinquent

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

child 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

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 regarding a delinquent child only if the child is in a

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

and (b) of this section for each offender or delinquent child who is described in

either of those divisions 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 department of rehabilitation and correction shall provide to each offender described

in division (A)(1)(a) of this section and the department of youth services shall provide

to each delinquent child described in division (A)(1)(b) of this section the notice

described in division (A)(2) of this section, 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 regarding any offender described in division (A)(1)(a) or (b) of this section

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 and any delinquent child who is in a category

specified in division (A) of section 2950.033 of the Revised Code and whose 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 on or after December 2, 2007, an offender commences a prison term in a state correctional

institution or a delinquent child commences confinement in an institution of the department

of youth services for a sexually oriented offense or a child-victim oriented offense

and if 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 on or before that date, as soon as practicable, the

department of rehabilitation and correction or the department of youth services, as

applicable, shall contact the attorney general, inform the attorney general of the

commencement of the prison term or institutionalization, and forward to the attorney

general information and material that identifies the offender or delinquent child

and that describes the sexually oriented offense resulting in the prison term or institutionalization,

the facts and circumstances of it, and the offender's or delinquent child's criminal

or delinquency history.  Within fourteen days after being so informed of the commencement of the prison term

or institutionalization and receiving the information and material specified in this

division, the attorney general shall determine for the offender or delinquent child

all of the matters specified in division (A)(1)(a), (b), or (c) of this section and

immediately provide to the appropriate department a document that describes the offender's

or delinquent child's classification and duties as so determined. Upon receipt from the attorney general of a document described in this division that

pertains to an offender or delinquent child, the department of rehabilitation and

correction shall provide to the offender or the department of youth services shall

provide to the delinquent child, as applicable, a written notice that contains the

information specified in division (A)(2) of this section. (C) If, on or after July 1, 2007, and prior to January 1, 2008, an offender is convicted

of or pleads guilty to a sexually oriented offense or a child-victim oriented offense

and the court does not sentence the offender to a prison term for that offense or

if, on or after July 1, 2007, and prior to January 1, 2008, a delinquent child is

classified a juvenile offender registrant relative to a sexually oriented offense

or a child-victim oriented offense and the juvenile court does not commit the child

to the custody of the department of youth services for that offense, the court at

the time of sentencing or the juvenile court at the time specified in division (B) of section 2152.82 , division (C) of section 2152.83 , division (C) of section 2152.84 , division (E) of section 2152.85 , or division (A) of section 2152.86 of the Revised Code , whichever is applicable, shall do all of the following: (1) Provide the offender or the delinquent child and the delinquent child's parents with

the notices required under section 2950.03 of the Revised Code , as it exists prior to January 1, 2008, regarding the offender's or delinquent child's

duties under this chapter as it exists prior to that date; (2) Provide the offender or the delinquent child and the delinquent child's parents with

a written notice that contains the information specified in divisions (A)(2)(a) and

(b) of this section; (3) Provide the offender or the delinquent child and the delinquent child's parents a

written notice that clearly indicates that the offender or delinquent child is required

to comply with the duties described in the notice provided under division (C)(1) of

this section until January 1, 2008, and will be required to comply with the duties

described in the notice provided under division (C)(2) of this section on and after

that date. (D)(1) Except as otherwise provided in this division, the officer or employee of the department

of rehabilitation and correction or the department of youth services who provides

an offender or a delinquent child and the delinquent child's parents with the notices

described in division (A)(2) or (B) of this section shall require the offender or

delinquent child to read and sign a form stating that the changes in Chapter 2950.

of the Revised Code that will be implemented on January 1, 2008, the offender's or

delinquent child's classification as a tier I sex offender, a tier II sex offender,

or a tier III sex offender, the offender's or delinquent child's duties under Chapter

2950. of the Revised Code as so changed and the duration of those duties, the delinquent

child's classification as a public registry-qualified juvenile offender registrant

if applicable, 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, and the right to

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

the request for the hearing must be made have been explained to the offender or delinquent

child. Except as otherwise provided in this division, the judge who provides an offender

or delinquent child with the notices described in division (C) of this section shall

require the offender or delinquent child to read and sign a form stating that all

of the information described in divisions (C)(1) to (3) of this section has been explained

to the offender or delinquent child. If the offender or delinquent child is unable to read, the official, employee, or

judge shall certify on the form that the official, employee, or judge specifically

informed the offender or delinquent child of all of that information and that the

offender or delinquent child indicated an understanding of it. (2) After an offender or delinquent child has signed the form described in division (D)(1)

of this section or the official, employee, or judge has certified on the form that

the form has been explained to the offender or delinquent child and that the offender

or delinquent child indicated an understanding of the specified information, the official,

employee, or judge shall give one copy of the form to the offender or delinquent child,

within three days shall send one copy of the form to the bureau of criminal identification

and investigation in accordance with the procedures adopted pursuant to section 2950.13 of the Revised Code , and shall send one copy of the form to the sheriff of the county in which the offender

or delinquent child expects to reside and one copy 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 . (E) An offender or delinquent child who is provided a notice under 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 matters that are identified in division (E) of section 2950.031 of the Revised Code .  To request the hearing, an offender or delinquent child who is provided a notice

under division (A)(2) of this section shall file a petition with the appropriate court

not later than the date that is sixty days after the offender or delinquent child

is provided the notice under that division, and an offender or delinquent child who

is provided a notice under division (B) of this section shall file a petition with

the appropriate court not later than the date that is sixty days after the offender

or delinquent child is provided the notice under that division.  The request for the hearing shall be made in the manner and with the court specified

in division (E) of section 2950.031 of the Revised Code , and, except as otherwise provided in this division, the provisions of that division

regarding the service of process and notice regarding the hearing, the conduct of

the hearing, the determinations to be made at the hearing, and appeals of those determinations

also apply to a hearing requested under this division.  If a hearing is requested as described in this division, the offender or delinquent

child shall appear at the hearing by video conferencing equipment if available and

compatible, except that, upon the court's own motion or the motion of the offender

or delinquent child or the prosecutor representing the interests of the state and

a determination by the court that the interests of justice require that the offender

or delinquent child be present, the court may permit the offender or delinquent child

to be physically present at the hearing.  An appearance by video conferencing equipment pursuant to this division has the

same force and effect as if the offender or delinquent child were physically present

at the hearing.  The provisions of division (E) of section 2950.031 of the Revised Code regarding the effect of a failure to timely request a hearing also apply to a failure

to timely request a hearing under this division. 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 .