2006 Ohio Revised Code - 2950.03. Notice to offender or delinquent child of duty to register and update address.

§ 2950.03. Notice to offender or delinquent child of duty to register and update address.
 

(A)  Each person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a sexually oriented offense that is not a registration-exempt sexually oriented offense and who has a duty to register pursuant to section 2950.04 of the Revised Code, each person who is adjudicated a delinquent child for committing a sexually oriented offense that is not a registration-exempt sexually oriented offense and who is classified a juvenile offender registrant based on that adjudication, each person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a child-victim oriented offense and has a duty to register pursuant to section 2950.041 of the Revised Code, and each person who is adjudicated a delinquent child for committing a child-victim oriented offense and who is classified a juvenile offender registrant based on that adjudication shall be provided notice in accordance with this section of the offender's or delinquent child's duties imposed under sections 2950.04, 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code and of the offender's duties to similarly register, provide notice of a change, and verify addresses in another state if the offender resides, is temporarily domiciled, attends a school or institution of higher education, or is employed in a state other than this state. A person who has been convicted of, is convicted of, has pleaded guilty to, or pleads guilty to a sexually oriented offense that is a registration-exempt sexually oriented offense, and a person who is or has been adjudicated a delinquent child for committing a sexually oriented offense that is a registration-exempt sexually oriented offense, does not have a duty to register under section 2950.04 of the Revised Code based on that conviction, guilty plea, or adjudication, and no notice is required to be provided to that person under this division based on that conviction, guilty plea, or adjudication. The following official shall provide the notice required under this division to the specified person at the following time: 

(1) Regardless of when the person committed the sexually oriented offense or child-victim oriented offense, if the person is an offender who is sentenced for the sexually oriented offense or child-victim oriented offense to a prison term, a term of imprisonment, or any other type of confinement, and if, on or after January 1, 1997, the offender is serving that term or is under that confinement, the official in charge of the jail, workhouse, state correctional institution, or other institution in which the offender serves the prison term, term of imprisonment, or confinement, or a designee of that official, shall provide the notice to the offender before the offender is released pursuant to any type of supervised release or before the offender otherwise is released from the prison term, term of imprisonment, or confinement. This division applies to a child-victim oriented offense if the offender is sentenced for the offense on or after July 31, 2003, or if, prior to July 31, 2003, the child-victim oriented offense was a sexually oriented offense and the offender was sentenced as described in this division for the child-victim oriented offense when it was designated a sexually oriented offense. If a person was provided notice under this division prior to July 31, 2003, in relation to an offense that, prior to July 31, 2003, was a sexually oriented offense but that, on and after July 31, 2003, is a child-victim oriented offense, the notice provided under this division shall suffice for purposes of this section as notice to the offender of the offender's duties under sections 2950.041, 2950.05, and 2950.06 of the Revised Code imposed as a result of the conviction of or plea of guilty to the child-victim oriented offense. 

(2) Regardless of when the person committed the sexually oriented offense or child-victim oriented offense, if the person is an offender who is sentenced for the sexually oriented offense on or after January 1, 1997, or who is sentenced for the child-victim oriented offense on or after July 31, 2003, and if division (A)(1) of this section does not apply, the judge shall provide the notice to the offender at the time of sentencing. If a person was provided notice under this division prior to July 31, 2003, in relation to an offense that, prior to July 31, 2003,,Å was a sexually oriented offense but that, on and after July 31, 2003,,Å is a child-victim oriented offense, the notice so provided under this division shall suffice for purposes of this section as notice to the offender of the offender's duties under sections 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code imposed as a result of the conviction of or plea of guilty to the child-victim oriented offense. 

(3) If the person is an offender who committed the sexually oriented offense prior to January 1, 1997, if neither division (A)(1) nor division (A)(2) of this section applies, and if, immediately prior to January 1, 1997, the offender was a habitual sex offender who was required to register under Chapter 2950. of the Revised Code, the chief of police or sheriff with whom the offender most recently registered under that chapter, in the circumstances described in this division, shall provide the notice to the offender. If the offender has registered with a chief of police or sheriff under Chapter 2950. of the Revised Code as it existed prior to January 1, 1997, the chief of police or sheriff with whom the offender most recently registered shall provide the notice to the offender as soon as possible after January 1, 1997, as described in division (B)(1) of this section. If the offender has not registered with a chief of police or sheriff under that chapter, the failure to register shall constitute a waiver by the offender of any right to notice under this section. If an offender described in this division does not receive notice under this section, the offender is not relieved of the offender's duties imposed under sections 2950.04, 2950.05, and 2950.06 of the Revised Code. 

(4) If neither division (A)(1), (2), nor (3) of this section applies and if the offender is adjudicated a sexual predator pursuant to division (C) of section 2950.09 of the Revised Code or a child-victim predator pursuant to division (C) of section 2950.091 [2950.09.1] of the Revised Code, the judge shall provide the notice to the offender at the time of adjudication. 

(5) If the person is a delinquent child who is classified a juvenile offender registrant, the judge shall provide the notice to the delinquent child at the time specified in division (B) of section 2152.82, division (D) of section 2152.83, division (C) of section 2152.84, or division (E) of section 2152.85 of the Revised Code, whichever is applicable. If a delinquent child was provided notice under this division prior to July 31, 2003, in relation to an offense that, prior to July 31, 2003, was a sexually oriented offense but that, on and after July 31, 2003, is a child-victim oriented offense, the notice so provided under this division shall suffice for purposes of this section as notice to the delinquent child of the delinquent child's duties under sections 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code imposed as a result of the adjudication as a delinquent child for the child-victim oriented offense. 

(6) If the person is an offender in any category described in division (A)(1), (2), (3), or (4) of this section and if, prior to July 31, 2003, the offender was provided notice of the offender's duties in accordance with that division, not later than ninety days after July 31, 2003, the sheriff with whom the offender most recently registered or verified an address under section 2950.04, 2950.041 [2950.04.1], 2950.05, or 2950.06 of the Revised Code shall provide notice to the offender of the offender's duties imposed on and after July 31, 2003, pursuant to any of those sections to register a school, institution of higher education, or place of employment address, provide notice of a change of that address, and verify that address. The sheriff may provide the notice to the offender at the time the offender registers, provides notice of a change in, or verifies a residence, school, institution of higher education, or place of employment address under any of those sections within the specified ninety-day period. If the offender does not so register, provide notice of a change in, or verify an address within the specified ninety-day period, the sheriff shall provide the notice to the offender by sending it to the offender at the most recent residence address available for the offender. If the offender was required to register prior to July 31, 2003, and failed to do so, the failure to register constitutes a waiver by the offender of any right to notice under this division. If the offender has not registered prior to July 31, 2003, the offender is presumed to have knowledge of the law and of the duties referred to in this division that are imposed on and after July 31, 2003. If an offender does not receive notice under this division, the offender is not relieved of any of the duties described in this division. 

(7) If the person is an offender or delinquent child who has a duty to register in this state pursuant to division (A)(3) of section 2950.04 or 2950.041 [2950.04.1] of the Revised Code, the offender or delinquent child is presumed to have knowledge of the law and of the offender's or delinquent child's duties imposed under sections 2950.04, 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code. 

(B) (1)  The notice provided under division (A) of this section shall inform the offender or delinquent child of the offender's or delinquent child's duty to register, to provide notice of a change in the offender's or delinquent child's residence address or in the offender's school, institution of higher education, or place of employment address, as applicable, and register the new address, to periodically verify the offender's or delinquent child's residence address or the offender's school, institution of higher education, or place of employment address, as applicable, and, if applicable, to provide notice of the offender's or delinquent child's intent to reside, pursuant to sections 2950.04, 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code. The notice shall specify that, for an offender, it applies regarding residence addresses or school, institution of higher education, and place of employment addresses and that, for a delinquent child, it applies regarding residence addresses. Additionally, it shall inform the offender of the offender's duties to similarly register, provide notice of a change in, and verify those addresses in states other than this state as described in division (A) of this section. A notice provided under division (A)(6) of this section shall state the new duties imposed on the offender on and after July 31, 2003, to register, provide notice of a change in, and periodically verify, a school, institution of higher education, or place of employment address and specify that the new duties are in addition to the prior duties imposed upon the offender. A notice provided under division (A)(1), (2), (3), (4), or (5) of this section shall comport with the following: 

(a) If the notice is provided to an offender under division (A)(3) of this section, the notice shall state the offender's duties to register, to file a notice of intent to reside, if applicable, to register a new residence address or new school, institution of higher education, or place of employment address, and to periodically verify those addresses, the offender's duties in other states as described in division (A) of this section, and that, if the offender has any questions concerning these duties, the offender may contact the chief of police or sheriff who sent the form for an explanation of the duties. If the offender appears in person before the chief of police or sheriff, the chief or sheriff shall provide the notice as described in division (B)(1)(a) of this section, and all provisions of this section that apply regarding a notice provided by an official, official's designee, or judge in that manner shall be applicable. 

(b) If the notice is provided to an offender under division (A)(1), (2), or (4) of this section, the official, official's designee, or judge shall require the offender to read and sign a form stating that the offender's duties to register, to file a notice of intent to reside, if applicable, to register a new residence address or new school, institution of higher education, or place of employment address, and to periodically verify those addresses, and the offender's duties in other states as described in division (A) of this section have been explained to the offender. If the offender is unable to read, the official, official's designee, or judge shall certify on the form that the official, designee, or judge specifically informed the offender of those duties and that the offender indicated an understanding of those duties. 

(c) If the notice is provided to a delinquent child under division (A)(5) of this section, the judge shall require the delinquent child and the delinquent child's parent, guardian, or custodian to read and sign a form stating that the delinquent child's duties to register, to file a notice of intent to reside, if applicable, to register a new residence address, and to periodically verify that address have been explained to the delinquent child and to the delinquent child's parent, guardian, or custodian. If the delinquent child or the delinquent child's parent, guardian, or custodian is unable to read, the judge shall certify on the form that the judge specifically informed the delinquent child or the delinquent child's parent, guardian, or custodian of those duties and that the delinquent child or the delinquent child's parent, guardian, or custodian indicated an understanding of those duties. 

(2) The notice provided under divisions (A)(1) to (6) of this section shall be on a form prescribed by the bureau of criminal identification and investigation and shall contain all of the information specified in division (A) of this section and all of the information required by the bureau. The notice provided under divisions (A)(1) to (5) of this section shall include, but is not limited to, all of the following: 

(a) For any notice provided under division (A)(1) to (5) of this section, a statement as to whether the offender or delinquent child has been adjudicated a sexual predator or a child-victim predator relative to the sexually oriented offense or child-victim oriented offense in question, a statement as to whether the offender or delinquent child has been determined to be a habitual sex offender or habitual child-victim offender, a statement as to whether the offense for which the offender has the duty to register is an aggravated sexually oriented offense, an explanation of the offender's periodic residence address or periodic school, institution of higher education, or place of employment address verification process or of the delinquent child's periodic residence address verification process, an explanation of the frequency with which the offender or delinquent child will be required to verify those addresses under that process, a statement that the offender or delinquent child must verify those addresses at the times specified under that process or face criminal prosecution or a delinquent child proceeding, and an explanation of the offender's duty to similarly register, verify, and reregister those addresses in another state if the offender resides in another state, attends a school or institution of higher education in another state, or is employed in another state. 

(b) If the notice is provided under division (A)(4) of this section, a statement that the notice replaces any notice previously provided to the offender under division (A)(1) of this section, a statement that the offender's duties described in this notice supersede the duties described in the prior notice, and a statement notifying the offender that, if the offender already has registered under section 2950.04 or 2950.041 [2950.04.1] of the Revised Code, the offender must register again pursuant to division (A)(6) of that section; 

(c) If the notice is provided under division (A)(5) of this section, a statement that the delinquent child has been classified by the adjudicating juvenile court judge or the judge's successor in office a juvenile offender registrant and has a duty to comply with sections 2950.04, 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code; 

(d) If the notice is provided under division (A)(5) of this section, a statement that, if the delinquent child fails to comply with the requirements of sections 2950.04, 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code, both of the following apply: 

(i) If the delinquent child's failure occurs while the child is under eighteen years of age, the child is subject to proceedings under Chapter 2152. of the Revised Code based on the failure, but if the failure occurs while the child is eighteen years of age or older, the child is subject to criminal prosecution based on the failure. 

(ii) If the delinquent child's failure occurs while the child is under eighteen years of age, unless the child is emancipated, as defined in section 2919.121 [2919.12.1] of the Revised Code, the failure of the parent, guardian, or custodian to ensure that the child complies with those requirements is a violation of section 2919.24 of the Revised Code and may result in the prosecution of the parent, guardian, or custodian for that violation. 

(3) (a) After an offender described in division (A)(1), (2), or (4) of this section has signed the form described in divisions (B)(1) and (2) of this section or the official, official's designee, or judge has certified on the form that the form has been explained to the offender and that the offender indicated an understanding of the duties indicated on it, the official, official's designee, or judge shall give one copy of the form to the offender, 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 expects to reside. 

(b) After a chief of police or sheriff has sent a form to an offender under division (A)(3) of this section, the chief or sheriff shall send a 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. 

(c) After a delinquent child described in division (A)(5) of this section and the delinquent child's parent, guardian, or custodian have signed the form described in divisions (B)(1) and (2) of this section or the judge has certified on the form that the form has been explained to the delinquent child or the delinquent child's parent, guardian, or custodian and that the delinquent child or the delinquent child's parent, guardian, or custodian indicated an understanding of the duties and information indicated on the form, the judge shall give a copy of the form to both the delinquent child and to the delinquent child's parent, guardian, or custodian, 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 delinquent child expects to reside. 

(C)  The official, official's designee, judge, chief of police, or sheriff who is required to provide notice to an offender or delinquent child under divisions (A)(1) to (5) of this section shall do all of the following: 

(1) If the notice is provided under division (A)(1), (2), (4), or (5) of this section, the official, designee, or judge shall determine the offender's or delinquent child's name, identifying factors, and expected future residence address in this state or any other state, shall obtain the offender's or delinquent child's criminal and delinquency history, and shall obtain a photograph and the fingerprints of the offender or delinquent child. Regarding an offender, the official, designee, or judge also shall obtain from the offender the offender's current or expected future school, institution of higher education, or place of employment address in this state, if any. If the notice is provided by a judge under division (A)(2), (4), or (5) of this section, the sheriff shall provide the offender's or delinquent child's criminal and delinquency history to the judge. The official, official's designee, or judge shall obtain this information and these items prior to giving the notice, except that a judge may give the notice prior to obtaining the offender's or delinquent child's criminal and delinquency history. Within three days after receiving this information and these items, the official, official's designee, or judge shall forward the information and items to the bureau of criminal identification and investigation in accordance with the forwarding procedures adopted pursuant to section 2950.13 of the Revised Code, to the sheriff of the county in which the offender or delinquent child expects to reside, and, regarding an offender, to the sheriff of the county, if any, in which the offender attends or will attend a school or institution of higher education or is or will be employed. If the notice is provided under division (A)(5) of this section and if the delinquent child has been committed to the department of youth services or to a secure facility, the judge, in addition to the other information and items described in this division, also shall forward to the bureau and to the sheriff notification that the child has been so committed. If it has not already done so, the bureau of criminal identification and investigation shall forward a copy of the fingerprints and conviction data received under this division to the federal bureau of investigation. 

(2) If the notice is provided under division (A)(3) of this section, the chief of police or sheriff shall determine the offender's name, identifying factors, and residence address in this state or any other state, shall obtain the offender's criminal history from the bureau of criminal identification and investigation, and, to the extent possible, shall obtain a photograph and the fingerprints of the offender. Regarding an offender, the chief or sheriff also shall obtain from the offender the offender's current or expected future school, institution of higher education, or place of employment address in this state, if any. Within three days after receiving this information and these items, the chief or sheriff shall forward the information and items to the bureau of criminal identification and investigation in accordance with the forwarding procedures adopted pursuant to section 2950.13 of the Revised Code and, in relation to a chief of police, to the sheriff of the county in which the offender resides, and, regarding an offender, to the sheriff of the county, if any, in which the offender attends or will attend a school or institution of higher education or is or will be employed. If it has not already done so, the bureau of criminal identification and investigation shall forward a copy of the fingerprints and conviction data so received to the federal bureau of investigation. 
 

HISTORY: 146 v H 180 (Eff 1-1-97); 147 v H 93 (Eff 12-31-97); 148 v H 502 (Eff 3-15-2001); 149 v S 3 (Eff 1-1-2002); 149 v H 485. Eff 6-13-2002; 150 v S 5, § 1, eff. 7-31-03; 150 v H 473, § 1, eff. 4-29-05.
 

Å As enrolled, (A)(2), 150 v H 473. 
 

Not analogous to former RC § 2950.03 (130 v 670; 145 v H 571), repealed 146 v H 180, § 2, eff 1-1-97.

 

Effect of Amendments

150 v H 473, effective April 29, 2005, substituted "July 31, 2003" for "the effective date of this amendment" nineteen times throughout; and, in (A)(4), substituted "neither division (A)(1), (2), nor (3) of this section applies and if" for "the person is an offender of the type described in division (A)(1) of this section and if, subsequent to release". 

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