2006 Ohio Revised Code - 2152.82. Order at time of dispositional order classifying child as juvenile sex offender registrant.

§ 2152.82. Order at time of dispositional order classifying child as juvenile sex offender registrant.
 

(A)  The court that adjudicates a child a delinquent child shall issue as part of the dispositional order an order that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code if all of the following apply: 

(1) The act for which the child is adjudicated a delinquent child is a sexually oriented offense that is not a registration-exempt sexually oriented offense or is a child-victim oriented offense that the child committed on or after January 1, 2002. 

(2) The child was fourteen, fifteen, sixteen, or seventeen years of age at the time of committing the offense. 

(3) The court has determined that the child previously was convicted of, pleaded guilty to, or was adjudicated a delinquent child for committing any sexually oriented offense or child-victim oriented offense, regardless of when the prior offense was committed and regardless of the child's age at the time of committing the offense. 

(B)  An order required under division (A) of this section shall be issued at the time the judge makes the orders of disposition for the delinquent child. Prior to issuing the order required by division (A) of this section, the judge shall conduct the hearing and make the determinations required by division (B) of section 2950.09 of the Revised Code regarding a sexually oriented offense that is not a registration-exempt sexually oriented offense or division (B) of section 2950.091 [2950.09.1] of the Revised Code regarding a child-victim oriented offense to determine if the child is to be classified a sexual predator or a child-victim predator, shall make the determinations required by division (E) of section 2950.09 of the Revised Code regarding a sexually oriented offense that is not a registration-exempt sexually oriented offense or division (E) of section 2950.091 [2950.09.1] of the Revised Code regarding a child-victim oriented offense to determine if the child is to be classified a habitual sex offender or a habitual child-victim offender, and shall otherwise comply with those divisions. When a judge issues an order under division (A) of this section, all of the following apply: 

(1) The judge shall include in the order any determination that the delinquent child is, or is not, a sexual predator or child-victim predator or is, or is not, a habitual sex offender or habitual child-victim offender that the judge makes pursuant to division (B) or (E) of section 2950.09 or 2950.091 [2950.09.1] of the Revised Code and any related information required or authorized under the division under which the determination is made, including, but not limited to, any requirement imposed by the court subjecting a child who is a habitual sex offender or habitual child-victim offender to community notification provisions as described in division (E) of section 2950.09 or 2950.091 [2950.09.1] of the Revised Code. 

(2) The judge shall include in the order a statement that, upon completion of the disposition of the delinquent child that was made for the sexually oriented offense or child-victim oriented offense upon which the order is based, a hearing will be conducted, and the order and any determinations included in the order are subject to modification or termination pursuant to sections 2152.84 and 2152.85 of the Revised Code. 

(3) The judge shall provide to the delinquent child and to the delinquent child's parent, guardian, or custodian the notice required under divisions (A) and (B) of section 2950.03 of the Revised Code and shall provide as part of that notice a copy of the order. 

(4) The judge shall include the order in the delinquent child's dispositional order and shall specify in the dispositional order that the order issued under division (A) of this section was made pursuant to this section. 

(C)  An order issued under division (A) of this section and any determinations included in the order shall remain in effect for the period of time specified in section 2950.07 of the Revised Code, subject to a modification or termination of the order under section 2152.84 or 2152.85 of the Revised Code, 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 (A) 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. 

(D)  A court that adjudicates a child a delinquent child for a sexually oriented offense that is a registration-exempt sexually oriented offense shall not issue based on that adjudication an order under this section that classifies the child a juvenile offender registrant and specifies that the child has a duty to comply with sections 2950.04, 2950.041 [2950.04.1], 2950.05, and 2950.06 of the Revised Code. 
 

HISTORY: 149 v S 3 (Eff 1-1-2002); 149 v H 393. Eff 7-5-2002; 150 v S 5, § 1, eff. 7-31-03.

 

Effect of Amendments

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