2006 Ohio Revised Code - 2152.85. Petition requesting reclassification or declassification.

§ 2152.85. Petition requesting reclassification or declassification.
 

(A)  Upon the expiration of the applicable period of time specified in division (B)(1) or (2) of this section, a delinquent child who has been classified pursuant to this section or section 2152.82 or 2152.83 of the Revised Code a juvenile offender registrant may petition the judge who made the classification, or that judge's successor in office, to do one of the following: 

(1) If the order containing the juvenile offender registrant classification also includes a determination by the juvenile court judge that the delinquent child is a sexual predator or child-victim predator in the manner described in section 2152.82 or 2152.83 of the Revised Code and that determination remains in effect, to enter, as applicable, an order that contains a determination that the child no longer is a sexual predator, the reason or reasons for that determination, and either a determination that the child is a habitual sex offender or a determination that the child remains a juvenile offender registrant but is not a sexual predator or habitual sex offender, or an order that contains a determination that the child no longer is a child-victim predator, the reason or reasons for that determination, and either a determination that the child is a habitual child-victim offender or a determination that the child remains a juvenile offender registrant but is not a child-victim predator or habitual child-victim offender; 

(2) If the order containing the juvenile offender registrant classification under section 2152.82 or 2152.83 of the Revised Code or under division (C)(2) of this section pursuant to a petition filed under division (A) of this section does not include a sexual predator or child-victim predator determination as described in division (A)(1) of this section but includes a determination by the juvenile court judge that the delinquent child is a habitual sex offender or a habitual child-victim offender in the manner described in section 2152.82 or 2152.83 of the Revised Code, or in this section, and that determination remains in effect, to enter, as applicable, an order that contains a determination that the child no longer is a habitual sex offender and either a determination that the child remains a juvenile offender registrant or a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code, or an order that contains a determination that the child no longer is a habitual child-victim offender and either a determination that the child remains a juvenile offender registrant or a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code; 

(3) If the order containing the juvenile offender registrant classification under section 2152.82 or 2152.83 of the Revised Code or under division (C)(2) of this section pursuant to a petition filed under division (A) of this section does not include a sexual predator or child-victim predator determination or a habitual sex offender or habitual child-victim offender determination as described in division (A)(1) or (2) of this section, to enter, as applicable, an order that contains a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.04, 2950.05, and 2950.06 of the Revised Code, or an order that contains a determination that the child no longer is a juvenile offender registrant and no longer has a duty to comply with sections 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code. 

(B)  A delinquent child who has been adjudicated a delinquent child for committing on or after January 1, 2002, a sexually oriented offense that is not a registration-exempt sexually oriented offense and who has been classified a juvenile offender registrant relative to that offense or who has been adjudicated a delinquent child for committing on or after that date a child-victim oriented offense and who has been classified a juvenile offender registrant relative to that offense may file a petition under division (A) of this section requesting reclassification or declassification as described in that division after the expiration of one of the following periods of time: 

(1) The delinquent child initially may file a petition not earlier than three years after the entry of the juvenile court judge's order after the mandatory hearing conducted under section 2152.84 of the Revised Code. 

(2) After the delinquent child's initial filing of a petition under division (B)(1) of this section, the child may file a second petition not earlier than three years after the judge has entered an order deciding the petition under division (B)(1) of this section. 

(3) After the delinquent child's filing of a petition under division (B)(2) of this section, thereafter, the delinquent child may file a petition under this division upon the expiration of five years after the judge has entered an order deciding the petition under division (B)(2) of this section or the most recent petition the delinquent child has filed under this division. 

(C)  Upon the filing of a petition under divisions (A) and (B) of this section, the judge may review the prior classification or determination in question and, upon consideration of all relevant factors and information, including, but not limited to the factors listed in division (E) of section 2152.83 of the Revised Code, the judge, in the judge's discretion, shall do one of the following: 

(1) Enter an order denying the petition; 

(2) Issue an order that reclassifies or declassifies the delinquent child, in the requested manner specified in division (A)(1), (2), or (3) of this section. 

(D)  If a judge issues an order under division (C) of this section that denies a petition, the prior classification of the delinquent child as a juvenile offender registrant, and the prior determination that the child is a sexual predator, child-victim predator, habitual sex offender, or habitual child-victim offender, if applicable, shall remain in effect. 
 

A judge may issue an order under division (C) of this section that contains a determination that a child no longer is a sexual predator or no longer is a child-victim predator only if the judge conducts a hearing and, in accordance with the procedures specified in division (D)(1) of section 2950.09 of the Revised Code regarding a sexual predator, determines at the hearing by clear and convincing evidence that the delinquent child is unlikely to commit a sexually oriented offense in the future, or, in accordance with the procedures specified in division (D)(1) of section 2950.091 [2950.09.1] of the Revised Code regarding a child-victim predator, determines at the hearing by clear and convincing evidence that the delinquent child is unlikely to commit a child-victim oriented offense in the future. If the judge issues an order of that type, the judge shall provide the notifications described in division (D)(1) of section 2950.09 or 2950.091 [2950.09.1] of the Revised Code, whichever is applicable, and the recipient of the notification shall comply with the provisions of that division. 
 

A judge may issue an order under division (C) of this section that contains a determination that a delinquent child is a habitual sex offender or a habitual child-victim offender only if the judge conducts a hearing and determines at the hearing as described in division (E) of section 2950.09 of the Revised Code regarding habitual sex offenders or division (E) of section 2950.091 [2950.09.1] of the Revised Code regarding habitual child-victim offenders that the child is a habitual sex offender or a habitual child-victim offender. If the judge issues an order that contains a determination that a delinquent child is a habitual sex offender or a habitual child-victim offender, the judge may impose a requirement subjecting the child to community notification provisions as described in that division. 

(E)  If a judge issues an order under division (C) of this section, the judge shall provide to the delinquent child and to the delinquent child's parent, guardian, or custodian a copy of the order and a notice containing the information described in divisions (A) and (B) of section 2950.03 of the Revised Code. The judge shall provide the notice at the time of the issuance of the order and shall comply with divisions (B) and (C) of that section regarding that notice and the provision of it. 

(F)  An order issued under division (C) of this section shall remain in effect for the period of time specified in section 2950.07 of the Revised Code, subject to a further modification or a termination of the order under this section, and section 2152.851 [2152.85.1] of the Revised Code applies regarding the order and the determinations. If an order is issued under division (C) of this section, the child's attainment of eighteen or twenty-one years of age does not affect or terminate the order, and the order remains in effect for the period of time described in this division. 
 

HISTORY: 149 v S 3. Eff 1-1-2002; 150 v S 5, § 1, eff. 7-31-03.
 

The provisions of § 3 of SB 3 (149 v  - ) read as follows: 

SECTION 3. Sections 1 and 2 of this act shall take effect on January 1, 2002, or the earliest date permitted by law, whichever is later. 

 

Effect of Amendments

S.B. 5, Acts 2003, effective July 31, 2003, rewrote the section.