Ohio § 2950.11

§ 2950.11.

(A) Regardless of when the sexually oriented offense or child-victim oriented offense

was committed, if a person is convicted of, pleads guilty to, has been convicted of,

or has pleaded guilty to a sexually oriented offense or a child-victim oriented offense

or a person is or has been adjudicated a delinquent child for committing a sexually

oriented offense or a child-victim oriented offense and is classified a juvenile offender

registrant or is an out-of-state juvenile offender registrant based on that adjudication,

and if the offender or delinquent child is in any category specified in division (F)(1)(a),

(b), or (c) of this section, the sheriff with whom the offender or delinquent child

has most recently registered under section 2950.04 , 2950.041 , or 2950.05 of the Revised Code and the sheriff to whom the offender or delinquent child most recently sent a notice

of intent to reside under section 2950.04 or 2950.041 of the Revised Code , within the period of time specified in division (C) of this section, shall provide

a written notice containing the information set forth in division (B) of this section

to all of the persons described in divisions (A)(1) to (10) of this section.  If the sheriff has sent a notice to the persons described in those divisions as

a result of receiving a notice of intent to reside and if the offender or delinquent

child registers a residence address that is the same residence address described in

the notice of intent to reside, the sheriff is not required to send an additional

notice when the offender or delinquent child registers.  The sheriff shall provide the notice to all of the following persons: (1)(a) Any occupant of each residential unit that is located within one thousand feet of

the offender's or delinquent child's residential premises, that is located within

the county served by the sheriff, and that is not located in a multi-unit building.  Division (D)(3) of this section applies regarding notices required under this division. (b) If the offender or delinquent child resides in a multi-unit building, any occupant

of each residential unit that is located in that multi-unit building and that shares

a common hallway with the offender or delinquent child.  For purposes of this division, an occupant's unit shares a common hallway with the

offender or delinquent child if the entrance door into the occupant's unit is located

on the same floor and opens into the same hallway as the entrance door to the unit

the offender or delinquent child occupies.  Division (D)(3) of this section applies regarding notices required under this division. (c) The building manager, or the person the building owner or condominium unit owners

association authorizes to exercise management and control, of each multi-unit building

that is located within one thousand feet of the offender's or delinquent child's residential

premises, including a multi-unit building in which the offender or delinquent child

resides, and that is located within the county served by the sheriff.  In addition to notifying the building manager or the person authorized to exercise

management and control in the multi-unit building under this division, the sheriff

shall post a copy of the notice prominently in each common entryway in the building

and any other location in the building the sheriff determines appropriate.  The manager or person exercising management and control of the building shall permit

the sheriff to post copies of the notice under this division as the sheriff determines

appropriate.  In lieu of posting copies of the notice as described in this division, a sheriff

may provide notice to all occupants of the multi-unit building by mail or personal

contact;  if the sheriff so notifies all the occupants, the sheriff is not required

to post copies of the notice in the common entryways to the building.  Division (D)(3) of this section applies regarding notices required under this division. (d) All additional persons who are within any category of neighbors of the offender or

delinquent child that the attorney general by rule adopted under section 2950.13 of the Revised Code requires to be provided the notice and who reside within the county served by the

sheriff; (2) The executive director of the public children services agency that has jurisdiction

within the specified geographical notification area and that is located within the

county served by the sheriff; (3)(a) The superintendent of each board of education of a school district that has schools

within the specified geographical notification area and that is located within the

county served by the sheriff; (b) The principal of the school within the specified geographical notification area and

within the county served by the sheriff that the delinquent child attends; (c) If the delinquent child attends a school outside of the specified geographical notification

area or outside of the school district where the delinquent child resides, the superintendent

of the board of education of a school district that governs the school that the delinquent

child attends and the principal of the school that the delinquent child attends. (4)(a) The appointing or hiring officer of each chartered nonpublic school located within

the specified geographical notification area and within the county served by the sheriff

or of each other school located within the specified geographical notification area

and within the county served by the sheriff and that is not operated by a board of

education described in division (A)(3) of this section; (b) Regardless of the location of the school, the appointing or hiring officer of a chartered

nonpublic school that the delinquent child attends. (5) The director, head teacher, elementary principal, or site administrator of each preschool

program governed by Chapter 3301. of the Revised Code that is located within the specified

geographical notification area and within the county served by the sheriff; (6) The administrator of each child care center or type A family child care home that

is located within the specified geographical notification area and within the county

served by the sheriff, and each holder of a license to operate a type B family child

care home that is located within the specified geographical notification area and

within the county served by the sheriff.  As used in this division, “child care center,” “type A family child care home,”

and “type B family child care home” have the same meanings as in section 5104.01 of the Revised Code . (7) The president or other chief administrative officer of each institution of higher

education, as defined in section 2907.03 of the Revised Code , that is located within the specified geographical notification area and within the

county served by the sheriff, and the chief law enforcement officer of the state university

law enforcement agency or campus police department established under section 3345.04 or 1713.50 of the Revised Code , if any, that serves that institution; (8) The sheriff of each county that includes any portion of the specified geographical

notification area; (9) If the offender or delinquent child resides within the county served by the sheriff,

the chief of police, marshal, or other chief law enforcement officer of the municipal

corporation in which the offender or delinquent child resides or, if the offender

or delinquent child resides in an unincorporated area, the constable or chief of the

police department or police district police force of the township in which the offender

or delinquent child resides; (10) Volunteer organizations in which contact with minors or other vulnerable individuals

might occur or any organization, company, or individual who requests notification

as provided in division (J) of this section. (B) The notice required under division (A) of this section shall include all of the following

information regarding the subject offender or delinquent child: (1) The offender's or delinquent child's name; (2) The address or addresses of the offender's or public registry-qualified juvenile

offender registrant's residence, school, institution of higher education, or place

of employment, as applicable, or the residence address or addresses of a delinquent

child who is not a public registry-qualified juvenile offender registrant; (3) The sexually oriented offense or child-victim oriented offense of which the offender

was convicted, to which the offender pleaded guilty, or for which the child was adjudicated

a delinquent child; (4) A statement that identifies the category specified in division (F)(1)(a), (b), or

(c) of this section that includes the offender or delinquent child and that subjects

the offender or delinquent child to this section; (5) The offender's or delinquent child's photograph. (C) If a sheriff with whom an offender or delinquent child registers under section 2950.04 , 2950.041 , or 2950.05 of the Revised Code or to whom the offender or delinquent child most recently sent a notice of intent

to reside under section 2950.04 or 2950.041 of the Revised Code is required by division (A) of this section to provide notices regarding an offender

or delinquent child and if, pursuant to that requirement, the sheriff provides a notice

to a sheriff of one or more other counties in accordance with division (A)(8) of this

section, the sheriff of each of the other counties who is provided notice under division

(A)(8) of this section shall provide the notices described in divisions (A)(1) to

(7) and (A)(9) and (10) of this section to each person or entity identified within

those divisions that is located within the specified geographical notification area

and within the county served by the sheriff in question. (D)(1) A sheriff required by division (A) or (C) of this section to provide notices regarding

an offender or delinquent child shall provide the notice to the neighbors that are

described in division (A)(1) of this section and the notices to law enforcement personnel

that are described in divisions (A)(8) and (9) of this section as soon as practicable,

but no later than five days after the offender sends the notice of intent to reside

to the sheriff and again no later than five days after the offender or delinquent

child registers with the sheriff or, if the sheriff is required by division (C) of

this section to provide the notices, no later than five days after the sheriff is

provided the notice described in division (A)(8) of this section. A sheriff required by division (A) or (C) of this section to provide notices regarding

an offender or delinquent child shall provide the notices to all other specified persons

that are described in divisions (A)(2) to (7) and (A)(10) of this section as soon

as practicable, but not later than seven days after the offender or delinquent child

registers with the sheriff or, if the sheriff is required by division (C) of this

section to provide the notices, no later than five days after the sheriff is provided

the notice described in division (A)(8) of this section. (2) If an offender or delinquent child in relation to whom division (A) of this section

applies verifies the offender's or delinquent child's current residence, school, institution

of higher education, or place of employment address, as applicable, with a sheriff

pursuant to section 2950.06 of the Revised Code , the sheriff may provide a written notice containing the information set forth in

division (B) of this section to the persons identified in divisions (A)(1) to (10)

of this section.  If a sheriff provides a notice pursuant to this division to the sheriff of one or

more other counties in accordance with division (A)(8) of this section, the sheriff

of each of the other counties who is provided the notice under division (A)(8) of

this section may provide, but is not required to provide, a written notice containing

the information set forth in division (B) of this section to the persons identified

in divisions (A)(1) to (7) and (A)(9) and (10) of this section. (3) A sheriff may provide notice under division (A)(1)(a) or (b) of this section, and

may provide notice under division (A)(1)(c) of this section to a building manager

or person authorized to exercise management and control of a building, by mail, by

personal contact, or by leaving the notice at or under the entry door to a residential

unit.  For purposes of divisions (A)(1)(a) and (b) of this section, and the portion of

division (A)(1)(c) of this section relating to the provision of notice to occupants

of a multi-unit building by mail or personal contact, the provision of one written

notice per unit is deemed as providing notice to all occupants of that unit. (E) All information that a sheriff possesses regarding an offender or delinquent child

who is in a category specified in division (F)(1)(a), (b), or (c) of this section

that is described in division (B) of this section and that must be provided in a notice

required under division (A) or (C) of this section or that may be provided in a notice

authorized under division (D)(2) of this section is a public record that is open to

inspection under section 149.43 of the Revised Code . The sheriff shall not cause to be publicly disseminated by means of the internet any

of the information described in this division that is provided by a delinquent child

unless that child is in a category specified in division (F)(1)(a), (b), or (c) of

this section. (F)(1) Except as provided in division (F)(2) of this section, the duties to provide the

notices described in divisions (A) and (C) of this section apply regarding any offender

or delinquent child who is in any of the following categories: (a) The offender is a tier III sex offender/child-victim offender, or the delinquent

child is a public registry-qualified juvenile offender registrant, and a juvenile

court has not removed pursuant to section 2950.15 of the Revised Code the delinquent child's duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code . (b) The delinquent child is a tier III sex offender/child-victim offender who is not

a public registry-qualified juvenile offender registrant, the delinquent child was

subjected to this section prior to January 1, 2008, as a sexual predator, habitual

sex offender, child-victim predator, or habitual child-victim offender, as those terms

were defined in section 2950.01 of the Revised Code as it existed prior to January 1, 2008, and a juvenile court has not removed pursuant

to section 2152.84 or 2152.85 of the Revised Code the delinquent child's duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code . (c) The delinquent child is a tier III sex offender/child-victim offender who is not

a public registry-qualified juvenile offender registrant, the delinquent child was

classified a juvenile offender registrant on or after January 1, 2008, the court has

imposed a requirement under section 2152.82 , 2152.83 , or 2152.84 of the Revised Code subjecting the delinquent child to this section, and a juvenile court has not removed

pursuant to section 2152.84 or 2152.85 of the Revised Code the delinquent child's duty to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code . (2) The notification provisions of this section do not apply to a person described in

division (F)(1)(a), (b), or (c) of this section if a court finds at a hearing after

considering the factors described in this division that the person would not be subject

to the notification provisions of this section that were in the version of this section

that existed immediately prior to January 1, 2008.  In making the determination of whether a person would have been subject to the notification

provisions under prior law as described in this division, the court shall consider

the following factors: (a) The offender's or delinquent child's age; (b) The offender's or delinquent child's prior criminal or delinquency record regarding

all offenses, including, but not limited to, all sexual offenses; (c) The age of the victim of the sexually oriented offense for which sentence is to be

imposed or the order of disposition is to be made; (d) Whether the sexually oriented offense for which sentence is to be imposed or the

order of disposition is to be made involved multiple victims; (e) Whether the offender or delinquent child used drugs or alcohol to impair the victim

of the sexually oriented offense or to prevent the victim from resisting; (f) If the offender or delinquent child previously has been convicted of or pleaded guilty

to, or been adjudicated a delinquent child for committing an act that if committed

by an adult would be, a criminal offense, whether the offender or delinquent child

completed any sentence or dispositional order imposed for the prior offense or act

and, if the prior offense or act was a sex offense or a sexually oriented offense,

whether the offender or delinquent child participated in available programs for sexual

offenders; (g) Any mental illness or mental disability of the offender or delinquent child; (h) The nature of the offender's or delinquent child's sexual conduct, sexual contact,

or interaction in a sexual context with the victim of the sexually oriented offense

and whether the sexual conduct, sexual contact, or interaction in a sexual context

was part of a demonstrated pattern of abuse; (i) Whether the offender or delinquent child, during the commission of the sexually oriented

offense for which sentence is to be imposed or the order of disposition is to be made,

displayed cruelty or made one or more threats of cruelty; (j) Whether the offender or delinquent child would have been a habitual sex offender

or a habitual child victim offender under the definitions of those terms set forth

in section 2950.01 of the Revised Code as that section existed prior to January 1, 2008; (k) Any additional behavioral characteristics that contribute to the offender's or delinquent

child's conduct. (G)(1) The department of children and youth shall compile, maintain, and update in January

and July of each year, a list of all agencies, centers, or homes of a type described

in division (A)(2) or (6) of this section that contains the name of each agency, center,

or home of that type, the county in which it is located, its address and telephone

number, and the name of an administrative officer or employee of the agency, center,

or home. (2) The department of education and workforce shall compile, maintain, and update in

January and July of each year, a list of all boards of education, schools, or programs

of a type described in division (A)(3), (4), or (5) of this section that contains

the name of each board of education, school, or program of that type, the county in

which it is located, its address and telephone number, the name of the superintendent

of the board or of an administrative officer or employee of the school or program,

and, in relation to a board of education, the county or counties in which each of

its schools is located and the address of each such school. (3) The chancellor of higher education shall compile, maintain, and update in January

and July of each year, a list of all institutions of a type described in division

(A)(7) of this section that contains the name of each such institution, the county

in which it is located, its address and telephone number, and the name of its president

or other chief administrative officer. (4) A sheriff required by division (A) or (C) of this section, or authorized by division

(D)(2) of this section, to provide notices regarding an offender or delinquent child,

or a designee of a sheriff of that type, may request the department of children and

youth, department of education and workforce, or chancellor of higher education, by

telephone, in person, or by mail, to provide the sheriff or designee with the names,

addresses, and telephone numbers of the appropriate persons and entities to whom the

notices described in divisions (A)(2) to (7) of this section are to be provided.  Upon receipt of a request, the department shall provide the requesting sheriff or

designee with the names, addresses, and telephone numbers of the appropriate persons

and entities to whom those notices are to be provided. (H)(1) Upon the motion of the offender or the prosecuting attorney of the county in which

the offender was convicted of or pleaded guilty to the sexually oriented offense or

child-victim oriented offense for which the offender is subject to community notification

under this section, or upon the motion of the sentencing judge or that judge's successor

in office, the judge may schedule a hearing to determine whether the interests of

justice would be served by suspending the community notification requirement under

this section in relation to the offender.  The judge may dismiss the motion without a hearing but may not issue an order suspending

the community notification requirement without a hearing.  At the hearing, all parties are entitled to be heard, and the judge shall consider

all of the factors set forth in division (K) of this section.  If, at the conclusion of the hearing, the judge finds that the offender has proven

by clear and convincing evidence that the offender is unlikely to commit in the future

a sexually oriented offense or a child-victim oriented offense and if the judge finds

that suspending the community notification requirement is in the interests of justice,

the judge may suspend the application of this section in relation to the offender.  The order shall contain both of these findings. The judge promptly shall serve a copy of the order upon the sheriff with whom the

offender 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. An order suspending the community notification requirement does not suspend or otherwise

alter an offender's duties to comply with sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code and does not suspend the victim notification requirement under section 2950.10 of the Revised Code . (2) A prosecuting attorney, a sentencing judge or that judge's successor in office, and

an offender who is subject to the community notification requirement under this section

may initially make a motion under division (H)(1) of this section upon the expiration

of twenty years after the offender's duty to comply with division (A)(2), (3), or (4) of section 2950.04, division (A)(2), (3) , or (4) of section 2950.041 and sections 2950.05 and 2950.06 of the Revised Code begins in relation to the offense for which the offender is subject to community

notification.  After the initial making of a motion under division (H)(1) of this section, thereafter,

the prosecutor, judge, and offender may make a subsequent motion under that division

upon the expiration of five years after the judge has entered an order denying the

initial motion or the most recent motion made under that division. (3) The offender and the prosecuting attorney have the right to appeal an order approving

or denying a motion made under division (H)(1) of this section. (4) Divisions (H)(1) to (3) of this section do not apply to any of the following types

of offender: (a) A person who is convicted of or pleads guilty to a violent sex offense or designated

homicide, assault, or kidnapping offense and who, in relation to that offense, is

adjudicated a sexually violent predator; (b) A person who is convicted of or pleads guilty to a sexually oriented offense that

is a violation of division (A)(1)(b) of section 2907.02 of the Revised Code committed on or after January 2, 2007, and either who is sentenced under section 2971.03 of the Revised Code or upon whom a sentence of life without parole is imposed under division (B) of section 2907.02 of the Revised Code ; (c) A person who is convicted of or pleads guilty to a sexually oriented offense that

is attempted rape committed on or after January 2, 2007, and who also is convicted

of or pleads guilty to a specification of the type described in section 2941.1418 , 2941.1419 , or 2941.1420 of the Revised Code ; (d) A person who is convicted of or pleads guilty to an offense described in division

(B)(3)(a), (b), (c), or (d) of section 2971.03 of the Revised Code and who is sentenced

for that offense pursuant to that division; (e) An offender who is in a category specified in division (F)(1)(a), (b), or (c) of

this section and who, subsequent to being subjected to community notification, has

pleaded guilty to or been convicted of a sexually oriented offense or child-victim

oriented offense. (I) If a person is convicted of, pleads guilty to, has been convicted of, or has pleaded

guilty to a sexually oriented offense or a child-victim oriented offense or a person

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

or a child-victim oriented offense and is classified a juvenile offender registrant

or is an out-of-state juvenile offender registrant based on that adjudication, and

if the offender or delinquent child is not in any category specified in division (F)(1)(a),

(b), or (c) of this section, the sheriff with whom the offender or delinquent child

has most recently registered under section 2950.04 , 2950.041 , or 2950.05 of the Revised Code and the sheriff to whom the offender or delinquent child most recently sent a notice

of intent to reside under section 2950.04 or 2950.041 of the Revised Code , within the period of time specified in division (D) of this section, shall provide

a written notice containing the information set forth in division (B) of this section

to the executive director of the public children services agency that has jurisdiction

within the specified geographical notification area and that is located within the

county served by the sheriff. (J) Each sheriff shall allow a volunteer organization or other organization, company,

or individual who wishes to receive the notice described in division (A)(10) of this

section regarding a specific offender or delinquent child or notice regarding all

offenders and delinquent children who are located in the specified geographical notification

area to notify the sheriff by electronic mail or through the sheriff's web site of

this election.  The sheriff shall promptly inform the bureau of criminal identification and investigation

of these requests in accordance with the forwarding procedures adopted by the attorney

general pursuant to section 2950.13 of the Revised Code . (K) In making a determination under division (H)(1) of this section as to whether to

suspend the community notification requirement under this section for an offender,

the judge shall consider all relevant factors, including, but not limited to, all

of the following: (1) The offender's age; (2) The offender's prior criminal or delinquency record regarding all offenses, including,

but not limited to, all sexually oriented offenses or child-victim oriented offenses; (3) The age of the victim of the sexually oriented offense or child-victim oriented offense

the offender committed; (4) Whether the sexually oriented offense or child-victim oriented offense the offender

committed involved multiple victims; (5) Whether the offender used drugs or alcohol to impair the victim of the sexually oriented

offense or child-victim oriented offense the offender committed or to prevent the

victim from resisting; (6) If the offender previously has been convicted of, pleaded guilty to, or been adjudicated

a delinquent child for committing an act that if committed by an adult would be a

criminal offense, whether the offender completed any sentence or dispositional order

imposed for the prior offense or act and, if the prior offense or act was a sexually

oriented offense or a child-victim oriented offense, whether the offender or delinquent

child participated in available programs for sex offenders or child-victim offenders; (7) Any mental illness or mental disability of the offender; (8) The nature of the offender's sexual conduct, sexual contact, or interaction in a

sexual context with the victim of the sexually oriented offense the offender committed

or the nature of the offender's interaction in a sexual context with the victim of

the child-victim oriented offense the offender committed, whichever is applicable,

and whether the sexual conduct, sexual contact, or interaction in a sexual context

was part of a demonstrated pattern of abuse; (9) Whether the offender, during the commission of the sexually oriented offense or child-victim

oriented offense the offender committed, displayed cruelty or made one or more threats

of cruelty; (10) Any additional behavioral characteristics that contribute to the offender's conduct. (L) As used in this section, “ specified geographical notification area ” means the geographic area or areas within which the attorney general, by rule adopted

under section 2950.13 of the Revised Code , requires the notice described in division (B) of this section to be given to the

persons identified in divisions (A)(2) to (8) of this section.